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-2009-18 affecting Bombardier (Canadair)
CL-600 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/108, which will become effective on 2 July 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. It empowers the Governor-General to make regulations to achieve these purposes, with a particular focus on the safety of air navigation. This Act is supported by the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with continuing airworthiness standards, ensuring that aircraft meet safety requirements throughout their operational life.
The issuance of ADs is guided by international standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. When such a State issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue a corresponding Australian AD. This process was followed for the Canadian-designed Bombardier (Canadair) CL-600 model aircraft, where CASA issued Australian AD/CL-600/108 in response to Transport Canada’s AD CF-2009-18, effective from 2 July 2009. Given the international obligations and the nature of the directive, no public consultation was necessary, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under the authority of section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments and must comply with the provisions of the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, assesses the information from the State of Design and issues Australian ADs to mandate the required safety measures. For instance, in response to Transport Canada's AD CF-2009-18 concerning Bombardier (Canadair) CL-600 model aircraft, CASA issued Australian AD/CL-600/108, effective from 2 July 2009. Given the international obligations and the specific regulatory response to State of Design directives, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the framework under which the Governor-General can issue regulations that contribute to the safety of air navigation, with section 98 being particularly pertinent here. Under this section, the Civil Aviation Safety Regulations 1998 were enacted, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are a legislative instrument as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they must adhere to the requirements set forth in the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 place a significant responsibility on CASA as Australia's national airworthiness authority. When an AD is issued by the State of Design—in this case, Canada for the Bombardier (Canadair) CL-600 model aircraft—CASA must assess the information provided and, if appropriate, issue a corresponding Australian AD. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry, which for Australian-registered aircraft is CASA, must ensure that it develops or adopts requirements that maintain the continuing airworthiness of aircraft, in line with international standards.
The issuance of ADs such as AD/CL-600/108, which becomes effective on 2 July 2009, involves specific procedural and regulatory considerations. Given the international obligations under the Convention on International Civil Aviation and the fact that the AD responds to an AD raised by the relevant State of Design, there is no requirement for public consultation in Australia. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining regulatory oversight. The Manager, Systems and New Technologies in the Airworthiness Engineering Group, acting on behalf of CASA, has made this AD in accordance with subsection 84A(2) of the Act, ensuring compliance with all necessary legislative requirements.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance may lead to both civil and criminal penalties. Civil penalties can include fines up to a specified maximum amount, depending on the severity and frequency of the offence. Criminal penalties may also apply, with the potential for imprisonment, reflecting the seriousness of endangering public safety in aviation. It is imperative that all parties governed by these regulations strictly adhere to the directives to avoid these penalties and ensure the continued safety of air navigation.