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-2009-27 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 600/116, which will become effective on 27 August 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, including the safety and efficiency of air navigation. It grants the Governor-General the authority to make regulations under section 98, which are instrumental in ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory framework, specifically through regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance, as stipulated under section 46A of the Acts Interpretation Act 1901. The objective of these regulations is to ensure compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the safety of air navigation in Australia. Specifically, regulation 39.001 of these Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This regulatory approach ensures compliance with international obligations while maintaining the highest safety standards for air navigation within Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a mechanism to ensure the continued airworthiness of aircraft, aligning with international standards and the overarching responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Each AD is a legislative instrument that must be assessed and, if necessary, mirrored by CASA to mandate compliance for aircraft registered in Australia.
The obligations imposed by these regulations require CASA to rigorously evaluate any ADs issued by the State of Design, such as the AD CF-2009-27 from Transport Canada concerning Bombardier CL600 series aeroplanes. CASA must determine the relevance and necessity of these directives for aircraft within the Australian Register. Once assessed, CASA issues corresponding Australian ADs, such as AD/CL 600/116, which enforces compliance with the identified safety requirements. This process ensures that Australian-registered aircraft meet both national and international safety standards, thus fulfilling the State of Registry's responsibility for the continuing airworthiness of its aircraft.
Breaching the requirements set out in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to severe penalties. Operators who fail to adhere to the mandated safety measures can face substantial fines and potential criminal charges. The specific penalties for violations are not detailed in the provided text, but they are typically severe, reflecting the critical importance of maintaining airworthiness standards to ensure public safety. The enforcement of these regulations underscores the commitment to high safety standards within the aviation industry.