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-2008-21 affecting Bombardier CL600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/101, which will become effective on 25 June 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, Airframes 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 ensure the safety and efficiency of civil aviation within Australia, addressing the need for a comprehensive legal framework that governs all aspects of civil aviation. The Act establishes the Civil Aviation Safety Authority (CASA) as the national authority responsible for enforcing aviation safety regulations. This legislative instrument was enacted by the Parliament of Australia to provide a robust foundation for the regulation of civil aviation, ensuring that it meets both national and international standards. The policy objective behind the Act is to maintain and enhance the safety of air navigation and the continuing airworthiness of aircraft within Australia. As part of its regulatory functions, CASA issues airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, in line with the obligations set forth in Annex 8 to the Convention on International Civil Aviation. These directives are critical in ensuring that aircraft continue to meet safety standards throughout their operational life, often in response to directives issued by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This authority is exercised under the overarching framework of the Civil Aviation Act 1988, with the aim of ensuring the safety of air navigation. The ADs, which are legislative instruments, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). Each State of Registry, including Australia, is responsible for ensuring the airworthiness of aircraft registered within its jurisdiction, and must adopt requirements to this effect. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design. For instance, following an airworthiness directive issued by Transport Canada for Bombardier CL600 model aircraft, CASA issued its own directive, AD/CL-600/101, to mandate the requirements within Australia. Given the international nature of these directives and their basis in treaty obligations under the Convention on International Civil Aviation, these specific ADs do not undergo public consultation or require a Regulatory Impact Statement. Instead, they are crafted by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides a legislative framework for the regulation of civil aviation in Australia. Section 98 of this Act grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are intended to ensure the continuing airworthiness of specific kinds of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the Act places significant responsibilities on CASA as the national airworthiness authority. When an AD is issued by the State of Design, such as Transport Canada for the Bombardier CL600 model aircraft, CASA must assess the AD and determine if it is necessary to issue a corresponding Australian AD. This ensures that the requirements of the State of Design are mandated within Australia, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, is also responsible for the continuing airworthiness of the aircraft on the Australian Register.
Failing to comply with an AD can result in serious consequences. Non-compliance with an AD can lead to civil penalties under section 129 of the Civil Aviation Act 1988, which includes fines and potential prosecution. The severity of the penalties can vary depending on the nature and extent of the breach. For example, an individual or corporation could face significant financial penalties, and in cases of serious breaches, imprisonment might be imposed. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating in Australian airspace.