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-2009-22 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-600/114, 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 is a foundational piece of legislation in Australia, enacted to regulate civil aviation matters with a primary focus on ensuring safety. The Act provides the framework for the regulation of aviation activities, and includes provisions for the issuance of airworthiness directives, which are critical for maintaining the safety standards of aircraft and aeronautical products. In line with the Convention on International Civil Aviation, the Act acknowledges the responsibility of the State of Design for the continuing airworthiness of aircraft types, and mandates that the State of Registry ensures the ongoing compliance with airworthiness requirements. The Civil Aviation Safety Regulations 1998, made under the Act, further detail the processes for issuing airworthiness directives, which are legislative instruments subject to disallowance. The objective of these regulations is to harmonise Australia’s aviation safety practices with international standards, thereby facilitating safe and efficient air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, ensuring compliance with safety standards. These directives, which are legislative instruments, are critical in maintaining the continuing airworthiness of aircraft registered in Australia. The State of Registry, in this case, CASA, has a responsibility to develop or adopt requirements to ensure the ongoing airworthiness of these aircraft. When a State of Design, such as Canada for the Bombardier CL600 series aeroplanes, issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process is integral to meeting Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as binding instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation. The State of Design has the obligation to provide necessary information to ensure the airworthiness of a type of aircraft, while the State of Registry must implement requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Transport Canada issued AD CF-2009-22 for Bombardier CL600 series aeroplanes, with Canada being the State of Design for these aircraft. CASA evaluated this AD and subsequently issued Australian AD/CL-600/114, effective from 30 July 2009. Given the international nature of these obligations and the response to an AD from the relevant State of Design, no public consultation was conducted in Australia regarding this AD. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued 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. This process ensures that all necessary safety measures are implemented to protect the public and maintain the safety of air navigation.