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-2009-23 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-600/113, 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 by the Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring safety and national security. One of the key provisions of this Act is the authority it grants the Governor-General to make regulations under section 98 for the purposes of the Act and in the interests of the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and must adhere to the Legislative Instruments Act 2003. The policy objective behind these provisions is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This ensures that Australia’s regulatory framework is consistent with global practices, maintaining high safety standards for civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in the interests of air navigation safety, as stipulated in section 98 of the Act. The issuance of ADs is a legislative instrument under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and these directives are considered disallowable instruments in accordance with section 46A of the Acts Interpretation Act 1901. The application of these regulations extends nationally and aligns with the international obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is responsible for the individual aircraft's airworthiness. In practice, when a State of Design, such as Canada in the case of Bombardier CL600 series aeroplanes, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements. These Australian ADs are issued without public consultation due to their alignment with international obligations, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) empowers the Governor-General to create regulations for air navigation safety, and allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue these ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. An example of this is the Australian AD/CL-600/113 issued by CASA in response to Transport Canada’s AD CF-2009-23 for Bombardier CL600 series aeroplanes.
Obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the State of Design’s responsibility to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Failure to comply with an AD may result in civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties. The specific penalties are not detailed in the provided text but can be severe, potentially including fines and imprisonment, depending on the nature and severity of the non-compliance. It is also worth noting that no public consultation is required for ADs issued under these circumstances, and they do not need a Regulatory Impact Statement, as determined by the Office of Regulatory Review.