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-2009-36 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/121, which will become effective on
19 November 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, enacted by the Commonwealth Parliament, governs the safety and regulation of civil aviation within Australia. It empowers the Governor-General to create regulations that ensure the safety of air navigation, which is pivotal for maintaining the high standards required in the aviation industry. One significant aspect of this legislation is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate safety requirements for aircraft and aeronautical products, aligning with the international standards set by the Convention on International Civil Aviation. The policy objective is to ensure that Australian aviation remains safe and compliant with global standards, particularly through the adoption and enforcement of ADs issued by other states where the aircraft type is designed, ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the regulatory framework governing the issuance of airworthiness directives (ADs) in Australia. These ADs apply to specific kinds of aircraft or aeronautical products, and their issuance is authorised under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) has the authority to issue such directives to ensure the safety of air navigation, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. This regulatory approach ensures that Australia meets its international commitments by harmonising with practices of other contracting states. ADs are legislative instruments under the Legislative Instruments Act 2003 and do not require public consultation or a Regulatory Impact Statement. The application of these ADs is typically in response to directives issued by the State of Design and mandates the continuing airworthiness of aircraft registered in Australia, overseen by CASA as the national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments that can mandate specific requirements for certain types of aircraft or aeronautical products to ensure ongoing airworthiness. Under section 98 of the Act, the Governor-General can make these regulations to promote safety in air navigation. Specifically, subregulation 39.001(5) stipulates that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, meaning they must be tabled in Parliament for scrutiny. The State of Design, which is the country where the aircraft is designed, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which in the case of Australia is CASA.
Under these regulations, CASA is obligated to evaluate ADs issued by other States of Design and, if deemed necessary, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards. For instance, following an AD issued by Transport Canada for Bombardier CL-600-2B19 model aircraft, CASA has issued Australian AD/CL-600/121, which will come into effect on 19 November 2009. These obligations stem from Australia’s commitment to the Convention on International Civil Aviation and the need to comply with the continuing airworthiness requirements stipulated in Annex 8.
The Act imposes specific requirements on the State of Registry, which includes CASA, to ensure that all aircraft registered in Australia comply with airworthiness directives. This involves rigorous assessment and implementation of ADs issued by other States of Design. Failure to comply with these ADs can result in significant safety risks, potentially leading to enforcement actions. Although ADs do not require a Regulatory Impact Statement or public consultation, they are meticulously drafted and reviewed by CASA to ensure they align with international standards and obligations.
Breach of airworthiness directives can lead to serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with ADs can result in fines and other penalties. The severity of the penalties depends on the nature and extent of the non-compliance. In extreme cases, where non-compliance results in accidents or endangers public safety, the penalties can be more severe, including potential imprisonment. The maximum penalties for these offences are outlined in the relevant sections of the Act, with specific provisions for both administrative and criminal sanctions. It is crucial for all parties governed by these regulations to adhere strictly to the ADs to avoid these serious repercussions.