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-2009-21 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-600/111, which will become effective on 30 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were established. These regulations, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. This legislative instrument was introduced to address the need for consistent and internationally aligned safety measures across the aviation industry. CASA, as Australia's national airworthiness authority, plays a critical role in implementing these directives to ensure that all aircraft registered in Australia meet the necessary safety standards. The ADs are integral in maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of airworthiness in Australia, including the issuance of airworthiness directives (ADs). These directives are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument subject to disallowance, and it applies to specific types of aircraft or aeronautical products to ensure compliance with safety standards. CASA, as the national airworthiness authority, has the responsibility to issue ADs based on assessments of information from the State of Design and to mandate the requirements of the State of Design when necessary. This process ensures that Australian aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation. Importantly, the issuance of ADs is governed by international conventions, and specific ADs, such as the one issued in response to Transport Canada's AD CF-2009-21, are made without public consultation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) can be issued. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD, as noted in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties and entities governed by this legislation are significant. The State of Design, which is the country responsible for the design of the aircraft, has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry, which are responsible for the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must review any ADs issued by the State of Design and, if deemed necessary, issue a corresponding Australian AD. This ensures that the safety requirements set by the State of Design are mandated in Australia.
In the case of the Bombardier CL600 series aeroplanes, Transport Canada, as the State of Design, issued AD CF-2009-21. CASA has assessed this directive and subsequently issued Australian AD/CL-600/111, which will take effect on 30 July 2009. Given the international nature of this directive and Australia's obligations under the Convention on International Civil Aviation, no public consultation was required, and a Regulatory Impact Statement was not deemed necessary by the Office of Regulatory Review. This AD was issued by the Manager, Systems and New Technologies within CASA’s Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
The consequences for breaches of ADs can be severe. Failure to comply with an AD can result in the aircraft being considered unairworthy, leading to potential criminal and civil penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant fines and imprisonment. The exact penalties depend on the severity of the breach but can include fines up to $216,000 for individuals and substantially higher for corporations, alongside imprisonment terms that can extend to several years. CASA also has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for operators.