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 2007-0019 Dornier 328 series aeroplanes. The EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/68, which will become effective on 15 March 2007.
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 establish a comprehensive regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and operations. In accordance with section 98 of this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australia's civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to any aircraft or aeronautical products within Australia's jurisdiction and are integral to the continuing airworthiness management 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 Dornier 328 series aeroplanes, issues ADs based on their assessment of aircraft type safety, and CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. The issuance of such directives is governed by the Acts Interpretation Act 1901, and the Legislative Instruments Act 2003, classifying them as disallowable legislative instruments. The ADs are crafted to address safety concerns identified by the State of Design and are not subject to public consultation or regulatory impact statements as per the Office of Regulatory Review. Instead, the ADs are formulated by CASA officials, ensuring compliance with international safety standards and Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues these ADs, which are then assessed and, if necessary, adopted by the State of Registry, in this case CASA.
The obligations imposed by these regulations include the assessment of ADs issued by the State of Design and the potential issuance of corresponding Australian ADs. The State of Design, such as the European Aviation Safety Agency (EASA), issues ADs to ensure the continuing airworthiness of aircraft types. The State of Registry, represented by CASA in Australia, must review these ADs and, if deemed necessary, issue Australian ADs to enforce the requirements within Australia. This process ensures compliance with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the States of Design and Registry.
Failure to comply with the ADs can result in severe consequences. Non-compliance with ADs may lead to significant safety risks, as these directives are designed to address known or potential safety issues. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance, but breaches can result in enforcement actions by CASA. Such actions may include grounding of the aircraft, fines, or other administrative penalties. Additionally, in serious cases, non-compliance can lead to criminal charges under relevant aviation laws, potentially resulting in substantial fines and imprisonment.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for issuing and enforcing airworthiness directives. The Governor-General and CASA have the authority to make and issue these directives to ensure the safety of air navigation. The State of Design and State of Registry bear the responsibility of ensuring the continuing airworthiness of aircraft. Failure to comply with these directives can result in serious safety risks and potential legal consequences, including administrative penalties and criminal charges.