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-2009-37 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-600/123, which will become effective on 16 October 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, 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 Parliament of Australia, establishes a framework for ensuring the safety and efficiency of civil aviation within Australia. This Act grants the Governor-General the authority to create regulations that safeguard air navigation, with a focus on maintaining high safety standards. Under this legislative umbrella, 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 are integral in ensuring that aircraft maintain their airworthiness, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The primary objective of this regulatory approach is to uphold the safety and efficiency of civil aviation in alignment with Australia's international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments that CASA issues to ensure the continuing airworthiness of aircraft registered in Australia. This regulatory framework is designed to maintain the safety of air navigation in Australia, aligning with the international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued in response to directives from the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, and from the State of Registry, which is responsible for the individual aircraft's airworthiness within Australia. For instance, when Transport Canada issues an AD affecting Bombardier CL-600-2B19 model aircraft, CASA, as the national airworthiness authority, assesses and subsequently issues an Australian AD to enforce the necessary requirements. This process is mandated by international obligations under the Convention on International Civil Aviation, and as such, it does not necessitate public consultation or a Regulatory Impact Statement. The ADs are issued under the authority of the Manager, Initial Airworthiness, within CASA's Airworthiness and Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This provision aligns with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, in this case, Canada, holds the overarching responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure airworthiness to States of Registry, including Australia.
In practice, the State of Registry is responsible for the ongoing airworthiness of individual aircraft registered within its jurisdiction. Thus, CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements. For instance, following Transport Canada's issuance of AD CF-2009-37 concerning Bombardier CL-600-2B19 model aircraft, CASA evaluated the directive and issued Australian AD/CL-600/123, which took effect on 16 October 2009. This process ensures that Australian-registered aircraft meet international safety standards.
CASA's obligation under these regulations includes assessing ADs from the States of Design, issuing Australian ADs as necessary, and ensuring compliance by the operators of affected aircraft. This includes notifying relevant aircraft operators of the ADs and ensuring that required actions are taken within specified timelines. Additionally, CASA must maintain records of all ADs and the responses to those directives. Failure to comply with an AD can result in serious safety risks and legal consequences, as these directives are crucial for maintaining the airworthiness of aircraft.
The Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for ADs issued under international obligations, as they are based on international agreements and safety standards. However, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. Non-compliance with ADs can lead to severe consequences, including potential grounding of non-compliant aircraft, fines, and other enforcement actions under the Civil Aviation Act 1988. The maximum penalties for breaches of ADs can be substantial, reflecting the critical importance of airworthiness to aviation safety.