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 1995-156/3 affecting Dornier 328 aircraft. Germany is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/65 which will become effective on 28 September 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 provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the protection of the public. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act, further detail the requirements for airworthiness and mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain and ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are designed to address safety issues identified by the State of Design, and CASA must then assess and, if necessary, issue corresponding Australian ADs to enforce the required safety measures on aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. Specifically, under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for kinds of aircraft or aeronautical products, which are deemed to be legislative instruments under the Legislative Instruments Act 2003. The scope of this legislation includes ensuring the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type has the primary responsibility for ensuring the continuing airworthiness of that type, and States of Registry must implement the necessary requirements for aircraft registered within their jurisdiction. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, is obligated to assess the information and, if appropriate, issue an Australian AD. The ADs are issued without public consultation as they are a response to international obligations and specific design state directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs), which are critical in maintaining the safety of aircraft. Section 98 of the Act empowers the Governor-General to create regulations in the interests of safety, while regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (39.001(5)). These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003.
The obligations under these regulations require CASA to monitor ADs issued by the State of Design and assess their applicability to aircraft registered in Australia. For instance, the State of Design, in this case, Germany, issued AD 1995-156/3 for the Dornier 328 aircraft. CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft registered in Australia comply with international standards for continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation.
Any breaches of ADs issued under the Civil Aviation Safety Regulations 1998 can lead to serious consequences. Non-compliance with an AD can result in penalties, including substantial fines and potential criminal charges. For example, section 84A of the Act outlines the potential penalties for non-compliance, which can include fines of up to $504,000 for corporations and $100,800 for individuals, as well as imprisonment for up to two years. These stringent measures are designed to enforce adherence to safety standards and maintain the high level of safety in Australian civil aviation.