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 EASA has issued AD 2006-0197 affecting Dornier 328 series aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/67, which will become effective on 26 October 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 ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, such as the issuing of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is tasked with assessing and, if necessary, issuing Australian ADs that align with those from the aircraft's State of Design. In this context, CASA issued AD/DO 328/67, effective from 26 October 2006, in response to the European Aviation Safety Agency's AD 2006-0197 for Dornier 328 series aircraft. Given the international obligations under the Convention on International Civil Aviation and the nature of the ADs, no public consultation was required, and no Regulatory Impact Statement was deemed necessary.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are crucial for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types, is responsible for issuing ADs, and Australia, as a State of Registry, must then assess these ADs and issue corresponding Australian ADs to ensure compliance with international standards. This process does not require public consultation or a Regulatory Impact Statement, as it is driven by international obligations and the need to ensure safety standards are uniformly applied across jurisdictions.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 further expands on this by granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they fall under the classification of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, in line with Annex 8 to the Convention on International Civil Aviation, holds the overarching responsibility for the continuing airworthiness of an aircraft type. This entails providing all necessary information to ensure the ongoing airworthiness of the type to the appropriate States of Registry. Correspondingly, the State of Registry is mandated to establish or adopt requisite measures to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD concerning a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The European Aviation Safety Agency (EASA), as the State of Design for Dornier 328 series aircraft, has issued AD 2006-0197. CASA has reviewed this AD and subsequently issued Australian AD/DO 328/67, which is set to become effective on 26 October 2006. Given that this AD is a response to Australia's obligations under the Convention on International Civil Aviation and is issued in reaction to an AD by the relevant State of Design, no public consultation has been conducted in Australia regarding this AD. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD has been made by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose certain obligations and requirements on the parties involved. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. If an AD is issued, CASA must ensure that the requirements are clearly communicated and enforced. The State of Registry must also develop or adopt the necessary requirements to ensure the continuing airworthiness of aircraft on the Australian Register. Failure to comply with these requirements can result in serious safety implications and may lead to enforcement actions by CASA.
The Civil Aviation Safety Regulations 1998 also outline potential offences, penalties, and consequences for breaches of the ADs. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with ADs can lead to significant civil or criminal consequences. CASA has the authority to take enforcement actions against operators who fail to adhere to the ADs, which can include fines, suspension of airworthiness certificates, or other regulatory measures. These actions are aimed at ensuring that all aircraft operating within Australia meet the necessary safety standards.