CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The German LBA has issued AD 1998-020 affecting Dornier 328 aircraft. Germany is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/63, which will become effective on 6 July 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate and ensure the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The policy objective of the Civil Aviation Act 1988 is to maintain and enhance the safety of civil aviation in Australia, aligning with international standards and obligations, such as those set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the process and requirements for issuing ADs, which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. The Australian Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for assessing and, where appropriate, issuing Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international obligations and standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance as stipulated in the Acts Interpretation Act 1901. The State of Design, in this case Germany for Dornier 328 aircraft, bears the responsibility for issuing initial ADs, which CASA must then evaluate and, if necessary, adopt as Australian ADs. CASA's role includes assessing the international ADs and issuing corresponding Australian ADs to enforce the required safety measures, ensuring compliance with both national and international aviation safety standards. Exemptions and exclusions from these regulations are not explicitly stated in the provided text, but the process of issuing and enforcing ADs is governed by the overarching international and national obligations to maintain aviation safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General can make regulations for the purposes of the Act and in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003.
The ADs serve to maintain the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which registers individual aircraft, is responsible for the continuing airworthiness of each aircraft on its registry. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to ensure compliance with international standards. For instance, following the issuance of German AD 1998-020 by the German Federal Bureau of Aircraft Accident Investigation (LBA) for Dornier 328 aircraft, CASA issued Australian AD/DO 328/63, effective from 6 July 2006.
The obligations imposed by these regulations include the State of Design providing necessary information to ensure airworthiness, the State of Registry developing or adopting requirements to ensure airworthiness, and CASA assessing and, if necessary, issuing ADs to mandate these requirements. CASA’s assessment and issuance of ADs are governed by the authority granted under section 84A of the Civil Aviation Act 1988.
Breaches of ADs may result in significant consequences. Firstly, failure to comply with an AD can lead to the grounding of aircraft, which can have severe operational and financial implications for airlines and operators. Secondly, from a legal perspective, non-compliance can result in civil penalties, such as fines or the revocation of an air operator certificate. Under the Civil Aviation Act 1988, individuals or corporations found guilty of contravening an AD may face fines of up to $210,000 for personal offences and up to $2.1 million for corporate offences, depending on the severity and intent of the breach. Furthermore, persistent non-compliance may lead to criminal charges, which can result in imprisonment. These stringent measures underscore the importance of adhering to ADs to maintain aviation safety standards.