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-2008-18 affecting Bombardier CL-600 series aeroplanes. Canada is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/CL-600/102, which will become effective on
28 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Airworthiness 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, establishes the legal framework for civil aviation safety in Australia. This Act empowers the Governor-General to make regulations, ensuring air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, mandating compliance to maintain aircraft safety. The Act aims to ensure that Australia adheres to international civil aviation standards, particularly through Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design and State of Registry to maintain aircraft airworthiness. Consequently, when a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the required safety measures.
The issuance of AD/CL-600/102 by CASA in response to Transport Canada’s AD CF-2008-18 exemplifies this process. As Australia’s national airworthiness authority, CASA’s role is to align with international obligations and ensure the continuing airworthiness of aircraft registered in Australia. This AD was issued under the authority granted by the Civil Aviation Act 1988, and no public consultation was deemed necessary due to its basis in international obligations. The Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, made this AD on behalf of CASA in accordance with the legislative framework.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. This legislative framework applies to any person, entity, or industry involved in the operation of aircraft registered in Australia, encompassing the design, manufacture, maintenance, and use of aeronautical products and aircraft. The ADs issued under this Act serve to mandate compliance with airworthiness standards, ensuring that all aircraft and products remain in a safe and airworthy condition. The geographic and jurisdictional reach of this legislation is national, with Australia's Civil Aviation Safety Authority (CASA) acting as the central authority for airworthiness. While the Act applies comprehensively to all relevant entities within Australia, certain exemptions or exclusions may apply based on specific circumstances or types of aircraft, as delineated in subordinate regulations or specific ADs. Notably, the issuance of ADs is often in response to international obligations, such as those under Annex 8 to the Convention on International Civil Aviation, and thus, may not always necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework under which airworthiness directives (ADs) can be issued. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The authority to issue these directives is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates the State of Registry to ensure the airworthiness of individual aircraft.
The obligations imposed on CASA under these provisions are significant. When an AD is issued by the State of Design, CASA must assess the information provided and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards and comply with the relevant regulations. CASA's role is to evaluate the ADs issued by other countries and, if appropriate, mandate the same requirements within Australia to maintain consistent safety standards.
Non-compliance with ADs can have serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline the penalties for non-compliance with ADs, the overarching legislation, the Civil Aviation Act 1988, provides for a range of penalties for breaches of aviation regulations. These can include fines and imprisonment, with the exact penalties depending on the severity and nature of the breach. The safety and compliance with ADs are critical, given the potential risks to passengers, crew, and the general public associated with non-compliance. Therefore, entities governed by these regulations must adhere strictly to the issued directives to avoid legal repercussions.