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 1998-042 affecting Dornier 328 aircraft. Germany is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/64, 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 civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that align with the Act's objectives, as highlighted in section 98. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must adhere to the requirements set out in section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 was introduced to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and compliance with international standards.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must supply necessary information to the States of Registry to maintain airworthiness. The Civil Aviation Safety Regulations 1998 empower CASA, as Australia’s national airworthiness authority, to issue ADs in response to ADs raised by the relevant State of Design. This process ensures that Australian regulations remain consistent with international obligations and standards. The issuing of Australian AD/DO 328/64 by CASA, in response to German LBA’s AD 1998-042 for Dornier 328 aircraft, exemplifies this regulatory mechanism. This AD was issued under the authority of CASA, without the need for public consultation or a Regulatory Impact Statement, in line with the requirements of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby ensuring compliance with the Civil Aviation Act 1988. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are required to be made under section 84A of the Civil Aviation Act 1988. The issuance of ADs is mandated by Australia's obligations under Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and Registry in maintaining the continuing airworthiness of aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The geographic reach of these regulations is national, with CASA acting as the overarching authority for airworthiness within Australia. It is noteworthy that no public consultation or Regulatory Impact Statement is required for the issuance of ADs, as they are inherently linked to international obligations and specific design state directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
The ADs, which are instrumental in maintaining the continuing airworthiness of aircraft types, are mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case Germany for the Dornier 328 aircraft, bears the responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide the necessary information to the States of Registry. The State of Registry, being Australia in this context, is required to develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. Consequently, when the German Federal Aviation Authority (LBA) issues an AD for the Dornier 328, CASA, as Australia’s national airworthiness authority, must review the directive and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
In this particular instance, the German LBA issued AD 1998-042 for Dornier 328 aircraft, with Germany being the State of Design. CASA has reviewed this directive and issued Australian AD/DO 328/64, which is set to take effect on 6 July 2006. Given that this AD is a response to international obligations under the Convention on International Civil Aviation and directly addresses an AD from the relevant State of Design, no consultation with the Australian public was necessary. Additionally, the Office of Regulatory Review has confirmed that ADs do not require a Regulatory Impact Statement. The AD was issued 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.
Failure to comply with the requirements set forth in an AD can result in severe consequences, including civil penalties or criminal charges. The Civil Aviation Safety Regulations 1998 establish that any person who contravenes an AD can be subject to a penalty of up to 200 penalty units for an individual and 10,000 penalty units for a body corporate. Additionally, non-compliance can lead to the grounding of aircraft or the suspension of airworthiness certificates, thereby preventing the aircraft from operating until the requirements are met. In more serious cases, non-compliance can result in criminal charges, potentially leading to imprisonment, reflecting the critical importance of adhering to ADs in maintaining aviation safety standards.