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-2008-33 affecting Bombardier CL-600 series aircraft. Canada is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/CL-600/104, which will become effective on
15 January 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 Regulatory Review 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to provide a robust framework for the regulation of civil aviation in Australia, empowers the Governor-General to make regulations necessary for the safety of air navigation. Complementing this Act are the Civil Aviation Safety Regulations 1998, which delegate to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry, in this case CASA, must ensure that the aircraft on the Australian Register meet the necessary safety standards. The issuance of Australian AD/CL-600/104 in response to an AD issued by the State of Design for Bombardier CL-600 series aircraft exemplifies the international collaboration required to uphold aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This legislative instrument is essential in maintaining and ensuring the safety standards of aircraft registered in Australia, aligning with the broader responsibilities of the State of Registry under Annex 8 to the Convention on International Civil Aviation. An AD is considered a disallowable instrument and thus a legislative instrument under section 46A of the Acts Interpretation Act 1901. The ADs issued by CASA are a response to the continuing airworthiness requirements stipulated by the State of Design and serve to enforce the necessary safety measures. This regulatory approach ensures that all aircraft types registered in Australia comply with internationally recognised safety standards, reflecting Australia's commitment to the global aviation community.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that are intended to ensure the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. This regulatory framework ensures that the necessary measures are taken to maintain the airworthiness of aircraft and aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities include ensuring that the State of Design provides necessary information to maintain the continuing airworthiness of an aircraft type. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for this. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design.
In the event of a breach of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, various offences and penalties may apply. For instance, non-compliance with an AD could lead to significant safety risks, resulting in both civil and criminal consequences. Although the specific maximum penalties are not detailed in the provided text, it is reasonable to infer that violations of these regulations could incur substantial fines, imprisonment, or both, depending on the severity of the breach. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives issued under the legislative framework.