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.
CASA issued AD/CL-600/11 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Future Technology and Regulatory Trends of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, focusing on safety and regulation. This Act empowers the Governor-General to create regulations, including airworthiness directives, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further operationalise these provisions by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft or aeronautical products. These directives, as legislative instruments, serve as a mechanism to maintain the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA’s role as Australia’s national airworthiness authority involves assessing and, if necessary, implementing these directives to align with the safety mandates of the aircraft’s State of Design.
In 2009, CASA decided to cancel an existing airworthiness directive, AD/CL-600/11, concerning Bombardier (Canadair) CL-600 series aeroplanes, due to the resolution of the initial unsafe condition. This cancellation, effective from 22 October 2009, reflects a reduction in regulatory burden without necessitating a replacement directive. The decision to cancel the directive was made by the Manager, Future Technology and Regulatory Trends of CASA’s Standards Development and Future Technology Division, in accordance with the Act. Notably, no public consultation was required for this action as it did not warrant a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and its subordinate regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs serve as legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs stems from section 98 of the Civil Aviation Act 1988, enabling CASA to implement necessary measures for the safety of air navigation. The application of these regulations extends to all aircraft registered in Australia, regardless of their State of Design, with CASA responsible for ensuring the ongoing airworthiness of such aircraft in alignment with international standards set by the International Civil Aviation Organization (ICAO). The jurisdictional reach of these provisions is national, applying across all states and territories of Australia. There are no exclusions or exemptions specified within the text concerning the issuance of ADs, though the process for cancelling an AD, as demonstrated by the cancellation of AD/CL-600/11, may occur without public consultation if it results in a reduction of the regulatory burden.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for the Act, and regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory structure is intended to align with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by these provisions on CASA and other entities are significant. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements. This process ensures that the continuing airworthiness of aircraft is maintained according to international standards. The State of Registry, in this case CASA, must also ensure that individual aircraft on the Australian Register meet the necessary airworthiness standards. Furthermore, the State of Design must provide all necessary information to support the continuing airworthiness of aircraft types, ensuring that safety standards are consistently upheld across all jurisdictions.
Breaches of the requirements set forth in these regulations can result in various civil or criminal consequences. While the specific offences and penalties are not detailed in the provided text, the issuance of ADs is a regulatory measure designed to prevent unsafe conditions from affecting aircraft operations. Non-compliance with an AD could potentially lead to enforcement actions by CASA, which might include fines, suspension, or revocation of an aircraft’s airworthiness certificate. The severity of penalties would depend on the nature and extent of the non-compliance, as well as any resulting safety risks. The overarching aim is to enforce adherence to safety standards and to protect the public from the dangers associated with non-compliant aircraft operations.