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 European Aviation Safety Authority (EASA) has issued AD 2007-0199 affecting Dornier 328 model aircraft. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 328/69, which will become effective on 8 August 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, Airframes 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 regulatory framework for civil aviation in Australia, focusing on the safety of air navigation. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, mandate the necessary actions to maintain the airworthiness of aircraft and aeronautical products. In the context of international obligations under the Convention on International Civil Aviation, the State of Design, in this case Germany for the Dornier 328 model aircraft, issues ADs, and Australia, as the State of Registry, must assess and implement these directives to maintain safety standards. The AD/DO 328/69 issued by CASA on behalf of Australia reflects this international responsibility and was enacted without public consultation as it pertains to fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. This authority is exercised to maintain the safety of air navigation in Australia. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. The ADs are issued in response to international obligations, particularly under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type. When such an AD is issued by a foreign authority, such as the European Aviation Safety Agency (EASA) for the Dornier 328 model aircraft, CASA assesses and, if necessary, issues corresponding Australian ADs to ensure compliance with international standards. This process underscores Australia’s commitment to maintaining safe air navigation practices in line with global aviation safety requirements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations necessary for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901, and it is created in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are critical for maintaining the continuing airworthiness of aircraft types, and they are typically issued by the State of Design, which must provide necessary information to the States of Registry.
Under these regulations, the State of Design bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD, the national airworthiness authority, such as CASA in Australia, must assess this information and, if necessary, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are enforced within the Australian jurisdiction.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the assessment and enforcement of ADs issued by the State of Design. For example, the European Aviation Safety Authority (EASA) has issued AD 2007-0199 for Dornier 328 model aircraft, which CASA has assessed and converted into Australian AD/DO 328/69. This AD is set to become effective on 8 August 2007. The process of issuing such ADs is governed by Australia's international obligations and is not subject to public consultation or a Regulatory Impact Statement. Instead, the AD is made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The failure to comply with an airworthiness directive can lead to serious consequences. Offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal penalties. For instance, non-compliance with ADs can lead to fines or imprisonment, as stipulated in the respective sections of the Act and Regulations. The maximum penalties can vary depending on the severity of the breach and the impact on aviation safety. It is imperative for all parties involved to adhere to these directives to ensure the safety and airworthiness of aircraft within the Australian jurisdiction.