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 2009-0196 affecting Dornier 328-100 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 328/74, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs civil aviation and air navigation within Australia. The Act aims to ensure the safety of air navigation and was designed to fill gaps in aviation regulation and oversight. One mechanism through which the Act achieves its safety objectives is through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which mandate specific requirements to ensure the continuing airworthiness of aircraft, are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The Civil Aviation (Administration) Act 1988, by empowering the Civil Aviation Safety Authority (CASA) to issue such directives, underscores the commitment to maintaining high safety standards in alignment with international obligations, particularly those under Annex 8 to the Convention on International Civil Aviation. This approach ensures that Australia’s aviation safety regime is both robust and globally interoperable.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design. Consequently, the State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of aircraft on the Australian Register by adopting or developing requirements to this end. In response to the European Aviation Safety Authority’s (EASA) issuance of AD 2009-0196 for the Dornier 328-100 model aircraft, CASA has assessed the directive and issued Australian AD/DO 328/74, which will become effective on 19 November 2009. Given that this AD is a result of Australia’s obligations under the Convention on International Civil Aviation and is a response to an AD raised by the relevant State of Design, no consultation of the Australian public has occurred, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. These provisions empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products, ensuring that the requirements for continuing airworthiness are met. According to subregulation 39.001(5), an AD is considered a disallowable instrument, which means it can be annulled by either House of Parliament under section 46A of the Acts Interpretation Act 1901. Furthermore, an AD is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, which in this case is Germany for the Dornier 328-100 model aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. It must provide any necessary information to the States of Registry, including Australia, to maintain airworthiness. Australia, as a State of Registry, is obliged to develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. CASA, acting on behalf of Australia, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements set by the State of Design.
Failure to comply with an AD can lead to severe consequences. Under section 98A of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and may be subject to penalties. For corporations, the maximum penalty can be substantial, reaching up to 10,000 penalty units for a single offence. For individuals, the maximum penalty is typically lower, often reaching up to 1,000 penalty units. Additionally, CASA has the authority to take enforcement actions, which may include grounding the aircraft until compliance is achieved, thereby ensuring that air safety standards are maintained.