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.
CASA issued AD/CL-600/10 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Future Technology and Regulatory Trends of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for these purposes, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. ADs are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft. The Civil Aviation Act 1988 and its associated regulations aim to align Australian aviation safety standards with international norms, ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia.
The Civil Aviation (Airworthiness Directives) Legislative Instrument 2009 (F2009L03672) was made by CASA to cancel an existing AD for the Bombardier (Canadair) CL-600 (Challenger) series aeroplanes, which was issued in 1983. This cancellation was deemed necessary as the unsafe condition that prompted the original AD no longer exists, thereby reducing the regulatory burden. The decision to cancel the AD was made without public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The AD cancellation reflects CASA's commitment to maintaining up-to-date and relevant safety regulations for the Australian aviation industry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism ensures the continuing airworthiness of aircraft registered in Australia, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Act applies to the State of Registry of individual aircraft, which in Australia is CASA, and mandates its responsibility in assessing and implementing ADs to maintain safety standards. The issuance of ADs is a legislative instrument, governed by the Legislative Instruments Act 2003, and involves a formal process overseen by designated officials within CASA, such as the Manager, Future Technology and Regulatory Trends. The application of ADs is geographically bound to Australia, affecting all aircraft registered within its jurisdiction, and ensures compliance with both domestic and international safety protocols. Notably, the process does not require public consultation if it results in a reduction of regulatory burden, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant for both CASA and aircraft operators. CASA must ensure that any AD issued aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This annex mandates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to maintain this airworthiness. In turn, the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to enforce the required measures.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil or criminal penalties. Specifically, section 63 of the Act provides for civil penalties, including fines up to $126,000 for individuals and $630,000 for corporations, for each breach. In more serious cases, particularly those involving reckless or intentional disregard for ADs, criminal penalties can be imposed, with fines up to $504,000 for individuals and $2.52 million for corporations, alongside potential imprisonment. These penalties underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.