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-2009-30 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/117, which will become effective on
24 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for regulatory oversight and standards in air navigation and aircraft operations. In the context of maintaining airworthiness, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, essential for ensuring the continuing airworthiness of aircraft, and are mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is responsible for assessing and issuing Australian ADs in response to directives from the State of Design or as a result of international obligations, without the need for public consultation. The policy objective of these regulations is to harmonise Australia’s aviation safety standards with international norms and to uphold the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are regulatory instruments intended to ensure the continuing airworthiness of aircraft. These directives are issued for specific types of aircraft or aeronautical products, and they play a critical role in maintaining the safety standards as outlined in Annex 8 of the Convention on International Civil Aviation. ADs are issued in response to identified safety issues and are a common mechanism used by ICAO Contracting States, including Australia, to ensure that aircraft remain airworthy throughout their operational life. CASA, as the national airworthiness authority, is obligated to issue corresponding Australian ADs when necessary, reflecting the responsibilities of the State of Registry and the State of Design. These directives are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and thus fall within the definition of legislative instruments as per section 6 of the Legislative Instruments Act 2003. Given their international nature and the specific obligations under international aviation conventions, ADs are typically issued without the requirement for a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a regulatory framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are formal legislative instruments, as outlined in subregulation 39.001(5), and must comply with the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and the relevant parties include ensuring the continuing airworthiness of aircraft registered in Australia. According to Annex 8 to the Convention on International Civil Aviation, the State of Design bears primary responsibility for the airworthiness of a specific aircraft type and must share necessary information with the States of Registry to maintain airworthiness. CASA, as Australia's national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. For example, Transport Canada issued AD CF-2009-30 for Bombardier CL-600 model aircraft, prompting CASA to issue Australian AD/CL-600/117, which took effect on 24 September 2009.
Given the international obligations under the Convention on International Civil Aviation and the need to respond to ADs from the State of Design, CASA does not need to consult the Australian public before issuing an AD. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. The Manager Initial Airworthiness in the Airworthiness and Engineering Branch has made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The failure to comply with the requirements set forth in an AD can lead to serious legal consequences. Operators who do not adhere to the mandated requirements can face significant penalties. The exact penalties depend on the severity of the non-compliance and the specific regulations breached, but they can include fines, suspension or revocation of an aircraft's airworthiness certificate, or other administrative actions. In some cases, non-compliance may also result in criminal charges, which can lead to imprisonment, further highlighting the importance of adhering to the directives.