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 2009-0044 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 328/72, which will become effective on 7 May 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety, efficiency, and consistency in air navigation and aircraft operations. The Act empowers the Governor-General to create regulations to ensure the safety of air navigation, which is critical for maintaining high standards of air travel and protecting the public from aviation-related risks. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate the necessary requirements for aircraft and aeronautical products, thereby ensuring their continued airworthiness. The policy objective of these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation practices are consistent with global safety norms.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. This regulatory framework is designed to ensure the safety of air navigation and is applicable to all entities involved in the maintenance and operation of aircraft registered in Australia. The authority to issue ADs stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for the continuing airworthiness of aircraft types. When an AD is issued by the State of Design, CASA, acting as Australia's national airworthiness authority, is obligated to evaluate the directive and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft comply with international safety standards. Notably, the issuance of ADs under these regulations does not require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature. The specific AD/DO 328/72, issued in response to EASA's AD 2009-0044 concerning the Dornier 328 model aircraft, exemplifies this regulatory process and will become effective from 7 May 2009.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the purposes of the Act, particularly with regard to the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include CASA’s duty to assess any AD issued by the State of Design (the country responsible for the aircraft type) and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This includes implementing ADs from the State of Design to maintain compliance with international safety standards.
Breach of the requirements set out in an AD can lead to severe consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to grounding and potentially the prohibition of flight operations. Civil penalties can include fines, and in more serious cases, criminal penalties may apply. For example, knowingly allowing an aircraft to fly in contravention of an AD could result in a fine of up to $210,000 for an individual or $1,050,000 for a body corporate, and potentially imprisonment for up to five years. Additionally, CASA has the authority to suspend or revoke airworthiness certificates if compliance with ADs is not maintained.