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-2008-35 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/107, which will become effective on
12 March 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 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate and ensure the safety of air navigation within Australia. It provides the legislative framework for the creation and enforcement of aviation regulations, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Act aims to uphold Australia's obligations under the Convention on International Civil Aviation and to ensure the continuing airworthiness of aircraft registered within Australia. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs in response to assessments of airworthiness information provided by the State of Design or other international regulatory bodies. These directives are issued to address identified safety issues or to mandate specific requirements necessary to maintain the airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, which are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) playing a central role in ensuring the continuing airworthiness of aircraft registered in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act, and in this case, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry ensures the individual aircraft’s airworthiness. In this instance, as Australia is bound by international civil aviation conventions, CASA issues Australian ADs in response to ADs issued by the relevant State of Design, such as the Canadian AD CF-2008-35 for Bombardier CL-600-2B19 model aircraft. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and are typically issued by the State of Design, with the State of Registry responsible for enforcing these directives for individual aircraft.
The obligations imposed by these regulations require CASA to assess airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This is especially crucial when an AD is issued by another country, such as Canada in the case of Bombardier CL-600-2B19 model aircraft, to ensure compliance with international civil aviation standards. CASA's role includes evaluating the necessity of an Australian AD based on the information provided by the State of Design and implementing it to maintain air safety standards in Australia. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with the airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in various penalties, including fines and potential criminal charges. The specific penalties are not detailed in the provided text, but typically, such breaches can attract substantial financial penalties, imprisonment, or both, depending on the severity of the non-compliance and the impact on public safety. CASA enforces these regulations rigorously to uphold the safety and integrity of the Australian aviation industry.