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-2009-24 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-600/115, 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 was enacted to provide a legislative framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of civil aviation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, a responsibility that falls under the purview of the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is tasked with assessing foreign ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce these requirements. This process ensures compliance with international standards and fosters uniformity in aviation safety practices across jurisdictions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to safety concerns identified by the State of Design, which is the country responsible for the design of the aircraft type. For instance, when Canada, as the State of Design for Bombardier CL600 series aeroplanes, issued AD CF-2009-24, CASA assessed this directive and subsequently issued the Australian AD/CL-600/115 to mandate these safety requirements for aircraft registered in Australia. The process of issuing these directives does not involve public consultation or require a Regulatory Impact Statement, as they are issued in accordance with international obligations and are considered legislative instruments under Australian law.
Key Provisions
The Civil Aviation Act 1988, as amended, provides the legal framework for air safety in Australia. Section 98 of this Act empowers the Governor-General to make regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it functions as a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, acting as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register. This responsibility includes assessing ADs issued by the State of Design—the country where the aircraft was originally designed—and, if deemed necessary, issuing corresponding ADs for Australian aircraft. This ensures that Australian aircraft meet the same safety standards as those set by their country of origin. For instance, CASA has issued Australian AD/CL-600/115 following Transport Canada's AD CF-2009-24 for Bombardier CL600 series aeroplanes, which will become effective on 30 July 2009.
These obligations are derived from Australia’s commitments under the Convention on International Civil Aviation, specifically Annex 8, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case, CASA, must ensure that the aircraft remain airworthy by adopting or developing necessary requirements. When a State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue an Australian AD to enforce these requirements.
Failure to comply with ADs can result in serious consequences. Section 84A of the Civil Aviation Act 1988 outlines that non-compliance with an AD can lead to significant penalties. Civil penalties for failure to comply with ADs can include fines of up to $500,000 for individuals and $2.5 million for corporations. Additionally, criminal penalties can apply, including imprisonment for up to five years for individuals and $1.25 million for corporations, reflecting the serious nature of ensuring air safety. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety in Australia.