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-2009-28 affecting Bombardier CL-600 series aeroplanes. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/119, 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 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 a comprehensive framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This legislation authorises the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation, established under section 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and are integral to maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are designed to ensure that the State of Registry, in this case CASA, adheres to international standards and obligations by issuing corresponding directives when necessary. Given the international nature of aviation and the responsibilities of the State of Design, such as Transport Canada in the case of Bombardier CL-600 series aeroplanes, no public consultation is required for these ADs, and they are deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to maintain safety standards. The ADs are legislative instruments that mandate compliance with the continuing airworthiness of aircraft, which is critical for ensuring safety across the aviation industry. These directives apply to the aircraft registered in Australia and are issued in response to the obligations under the Convention on International Civil Aviation and corresponding ADs issued by the State of Design. Exemptions or exclusions are not detailed in the explanatory statement, and the geographic scope is national, covering all aircraft within Australia’s jurisdiction. Subordinate instruments may extend or restrict the application of the ADs, ensuring that they align with international standards and national safety requirements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998, regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are specifically tailored for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003, as detailed in subregulation 39.001(5). This framework ensures that ADs are both legally binding and integral to maintaining airworthiness standards.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has a stringent obligation to monitor and enforce airworthiness standards. When an AD is issued by a State of Design, such as Canada in the case of the Bombardier CL-600 series aeroplanes, CASA must review and assess the information provided. If deemed necessary, CASA can then issue its own AD, such as the Australian AD/CL-600/119, to ensure compliance with international safety standards. This process underscores CASA’s responsibility to protect the continuing airworthiness of aircraft registered in Australia, aligning with obligations under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations on CASA are significant. CASA must act promptly in assessing ADs issued by States of Design and, where appropriate, issue corresponding ADs for aircraft registered in Australia. This ensures that all aircraft meet the required safety standards and that the continuing airworthiness is maintained in accordance with international conventions. CASA’s role also involves ensuring that these directives are effectively communicated and implemented by aircraft operators and other relevant stakeholders.
Failure to comply with the airworthiness directives can lead to serious consequences. The Act and Regulations provide for both civil and criminal penalties for non-compliance. Civil penalties can include fines, and in severe cases, criminal penalties may apply, including imprisonment. The specific penalties are determined based on the nature and severity of the breach, but the overarching aim is to enforce strict compliance with airworthiness standards to ensure the safety of air navigation. The seriousness of these consequences underscores the importance of adhering to the directives issued by CASA and other national airworthiness authorities.