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 97-323 affecting AvCraft Aerospace GmbH Dornier 328-100 model aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/7, which will become effective on 19 January 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 legislative framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) for issuing airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments subject to disallowance and reflect Australia's commitment to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure the continuing airworthiness of aircraft registered in Australia by mandating compliance with directives issued by the relevant State of Design, thereby fulfilling international obligations and maintaining high safety standards.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the safety of air navigation within Australia and apply to all aircraft registered in Australia, including their manufacture, maintenance, and operation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate specific safety measures to ensure the continuing airworthiness of aircraft types registered in Australia. The ADs are typically issued in response to continuing airworthiness information provided by the State of Design or other ICAO Contracting States, ensuring that Australian-registered aircraft meet international safety standards. Importantly, these directives are not subject to public consultation or the requirement for a Regulatory Impact Statement, as they are grounded in Australia’s obligations under the Convention on International Civil Aviation and are issued to comply with international safety protocols. The authority to issue such directives is exercised by CASA, reflecting the Commonwealth’s role in regulating civil aviation safety across the nation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. 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. These ADs are formal instruments that mandate specific actions or requirements to ensure the continuing airworthiness of the affected aircraft or products.
The obligations imposed by these regulations require CASA to assess any ADs issued by the State of Design—the country where the aircraft was designed—and determine whether they are applicable to aircraft registered in Australia. If an AD is deemed necessary, CASA must issue a corresponding Australian AD, enforcing the requirements on Australian-registered aircraft of the affected type. This process ensures that Australian-registered aircraft meet international safety standards and continue to be airworthy as per international conventions, specifically Annex 8 to the Convention on International Civil Aviation.
The issuance of ADs is governed by international obligations, and as such, no public consultation is required under these circumstances. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process of issuing necessary safety directives without undue administrative burden. The AD in question, AD/DO 328/7, was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, following the German Luftfahrt-Bundesamt (LBA) issuing AD 97-323 for the Dornier 328-100 model aircraft, effective from 19 January 2006.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, with potential civil penalties including fines. In some cases, non-compliance with an AD can also result in criminal charges if it is deemed to have caused significant harm or risk to safety. The maximum penalties for breaches of ADs can include substantial fines and imprisonment, depending on the severity and impact of the non-compliance. The stringent enforcement of ADs underscores the critical importance of maintaining airworthiness and ensuring the safety of air navigation.