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.
Transport Canada has issued AD CF-2008-02 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CL-600/100, which will become effective on 3 July 2008.
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, Systems and New Technologies in the Airworthiness Engineering Branch, 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 framework for the regulation of civil aviation in Australia, primarily addressing safety and efficiency in air navigation. This legislation empowers the Governor-General to issue regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under these regulations, ADs serve as a legislative instrument, and they are issued to ensure the continuing airworthiness of aircraft types, in accordance with international standards set by the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its obligations under international agreements while maintaining stringent safety standards for civil aviation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) within Australia. Under these laws, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set forth by the Convention on International Civil Aviation. The issuance of ADs is a critical function of CASA, mandated by both domestic legislation and international obligations. ADs are legislative instruments and, as such, are subject to disallowance by Parliament. The State of Design, such as Canada for Bombardier CL600 series aeroplanes, has the primary responsibility for issuing ADs concerning the design of aircraft, while the State of Registry, in this case Australia, is responsible for ensuring the continuing airworthiness of individual aircraft on its register. When an AD is issued by the State of Design, CASA must assess its relevance and applicability and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft comply with necessary safety standards as determined by the international aviation community.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both CASA and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its safety. The State of Registry, in turn, is responsible for implementing the requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also establish consequences for non-compliance with ADs. Failure to comply with an AD can result in serious safety risks and may lead to enforcement actions. CASA has the authority to take enforcement measures against aircraft operators or owners who do not comply with ADs, which can include grounding of the aircraft or other penalties. The Act does not specify maximum penalties for non-compliance with ADs, but breaches can lead to significant enforcement actions and legal consequences, reflecting the critical importance of airworthiness compliance.
As part of the legislative process, ADs issued in response to obligations under international conventions and in reaction to ADs from the State of Design do not require public consultation, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. This is in line with the urgency and necessity to address airworthiness issues promptly. The AD in question was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.