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 2009-0082 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 328/73, which will become effective on 4 June 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on air navigation safety. Under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs, being legislative instruments, must align with international standards, specifically Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry oversees the individual aircraft's airworthiness. CASA, as Australia's national airworthiness authority, is obligated to issue Australian ADs when necessary, as demonstrated by the recent issuance of AD/DO 328/73 in response to EASA's AD 2009-0082 concerning Dornier 328 aircraft. This legislative process is conducted in accordance with the Act's requirements and does not necessitate public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation in Australia and aligns with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a mechanism to maintain the continuing airworthiness of aircraft, with the State of Registry, in this case CASA, having the responsibility to implement and enforce these directives. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) for the Dornier 328 model aircraft, CASA has issued its own AD/DO 328/73, which became effective on 4 June 2009. This directive is issued without public consultation as it stems from Australia's international obligations and the need to comply with ADs issued by the relevant State of Design. Furthermore, the ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to establish regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are critical for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for maintaining airworthiness and requiring it to provide necessary information to the States of Registry.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian ADs when a State of Design issues an AD affecting a type of aircraft on the Australian Register. The State of Registry is mandated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, and CASA must act accordingly when such directives are issued. This obligation extends to the assessment and implementation of ADs issued by other jurisdictions, such as the European Aviation Safety Authority (EASA) for the Dornier 328 model aircraft, as seen with AD 2009-0082, which CASA has adopted as Australian AD/DO 328/73.
In terms of legal consequences, any breach of the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various penalties, depending on the nature and severity of the offence. While specific penalties are not detailed in the explanatory statement, it is known that non-compliance with ADs can lead to significant civil or criminal consequences. Given the stringent safety requirements in aviation, penalties may include fines, suspension or revocation of airworthiness certificates, or even criminal charges for individuals or companies that fail to comply with mandated safety directives. The exact penalties would depend on the specific circumstances of the breach and would be determined in accordance with applicable aviation laws and regulations.