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-2009-33 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-600/122, 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, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation aims to ensure the safety of air navigation by mandating that CASA can issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per the Acts Interpretation Act 1901. The ADs are a response to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design and the State of Registry. The issuance of the AD in question, AD/CL-600/122, is a direct response to Transport Canada's AD CF-2009-33, reflecting Australia's commitment to international aviation safety standards. Given the nature of the directive and its basis in international obligations, no public consultation was conducted, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are crucial for ensuring the safety of air navigation. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is a global practice under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When an AD is issued by a State of Design, such as Canada in the case of Bombardier CL-600 model aircraft, CASA, as Australia’s national airworthiness authority, is required to assess this information and issue a corresponding Australian AD if deemed necessary. The AD CF-2009-33 issued by Canada has been assessed and led to the issuance of the Australian AD/CL-600/122, effective from 19 November 2009. Due to the international obligations under the Convention on International Civil Aviation and the direct response to the State of Design’s AD, no public consultation was conducted, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to issue regulations for the safety of air navigation, which in turn allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (regulation 39.001 of the Civil Aviation Safety Regulations 1998). These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft, and they are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. An example of such an AD is the one issued by CASA in response to Transport Canada's AD CF-2009-33 for Bombardier CL-600 model aircraft, which CASA has adopted as Australian AD/CL-600/122.
The obligations under this Act and its regulations require CASA, as Australia’s national airworthiness authority, to assess and respond to ADs issued by the State of Design, which in this case is Canada. CASA must ensure that the Australian ADs align with international standards set forth by the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry, here Australia, must implement the necessary measures to comply with these directives. CASA's role is to evaluate the ADs issued by the State of Design and, if necessary, mandate the requirements through an Australian AD. This ensures that all aircraft registered in Australia meet the required safety standards.
Failing to comply with an AD can result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, an operator who contravenes an AD may face penalties. These penalties can include fines and, in serious cases, imprisonment. The exact penalties are not specified in the provided text, but it is clear that non-compliance is taken very seriously and can result in significant repercussions for both individuals and corporations. The gravity of these penalties underscores the importance of adhering to the ADs issued by CASA and the State of Design to maintain the safety and integrity of air navigation.