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-2009-13 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CL-600/110, 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 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act provides the legal framework for the issuance of airworthiness directives (ADs), which are essential for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. Under the authority conferred by the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue these directives. The policy objective of these regulations is to align with international standards and practices, ensuring that Australian aircraft meet the necessary safety requirements. The ADs serve as a means for CASA to implement the directives issued by the State of Design, thereby fulfilling Australia's international obligations and ensuring the safe operation of aircraft within the Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, pursuant to section 98 of the Civil Aviation Act 1988. These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they are issued to ensure the continuing airworthiness of aircraft types registered in Australia. The ADs are issued in response to actions taken by the State of Design, such as Transport Canada in the case of Bombardier CL600 series aeroplanes, and are intended to harmonise with international standards set out in Annex 8 to the Convention on International Civil Aviation. Given that these directives arise from international obligations and the assessments are conducted by CASA as Australia's national airworthiness authority, there is no requirement for public consultation or a Regulatory Impact Statement under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issue of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General may make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The primary obligations imposed by the Act and Regulations on parties governed by ADs include ensuring the continuing airworthiness of aircraft types and individual aircraft. The State of Design has the responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry to ensure compliance with airworthiness standards. The State of Registry, in this case CASA, must assess any ADs issued by the State of Design and, if necessary, issue corresponding ADs for Australian-registered aircraft. This process ensures that Australian-registered aircraft meet the same safety standards as those required by the State of Design.
Failure to comply with an airworthiness directive can result in serious legal consequences. Non-compliance with ADs may lead to civil or criminal penalties under the Civil Aviation Act 1988. The Act provides for fines and imprisonment for breaches of airworthiness regulations. For example, section 30 of the Act states that a person who contravenes a regulation can be liable for a fine of up to $21,000 for an individual or $105,000 for a body corporate, and in the case of continued contravention, additional fines can be imposed. Moreover, CASA has the authority to issue compliance orders and can take enforcement actions to ensure adherence to ADs.
The issuance of specific ADs, such as the Australian AD/CL-600/110 in response to Transport Canada's AD CF-2009-13, is made without public consultation due to Australia's obligations under the Convention on International Civil Aviation. This process is overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA, in accordance with subsection 84A(2) of the Act. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, further streamlining the process to address safety issues promptly.