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.
CASA issued AD/CL-600/13, Amendment 1, affecting Bombardier (Canadair)
CL-600 (Challenger) series aeroplanes in 1988. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on
22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Future Technology and Regulatory Trends of 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 legal framework for the regulation of civil aviation in Australia, with a strong focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations aimed at enhancing aviation safety, and under its authority, the Civil Aviation Safety Regulations 1998 were formulated. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which serve as essential tools for maintaining the continuing airworthiness of aircraft registered in Australia. The policy objective of these regulations is to ensure that aircraft meet the necessary safety standards, thereby protecting public safety and supporting the international obligations of Australia under the Convention on International Civil Aviation.
In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA issued Airworthiness Directive AD/CL-600/13, Amendment 1, for Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1988, aimed at addressing a specific safety concern. After reviewing the directive, CASA determined that the unsafe condition it was intended to rectify no longer exists, leading to the decision to cancel the directive effective 22 October 2009. This cancellation eliminates the regulatory burden without the need for a replacement AD, reflecting CASA's commitment to efficient and effective regulation. The decision to cancel the AD was made by the Manager, Future Technology and Regulatory Trends of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, 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 aim to ensure the safety of air navigation, aligning with the overarching objectives of the Civil Aviation Act 1988. Such directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which must provide necessary information to ensure airworthiness, and the State of Registry, which must adopt or develop requirements to ensure the same. For Australian registered aircraft, CASA must review and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This regulatory framework ensures that safety measures are uniformly applied across the industry, with CASA playing a pivotal role in overseeing compliance. Additionally, under the Acts Interpretation Act 1901, ADs are classified as disallowable instruments, subject to the scrutiny and oversight of the Legislative Instruments Act 2003. This comprehensive approach underscores the importance of international cooperation, as stipulated in Annex 8 to the Convention on International Civil Aviation, in maintaining global air safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. These regulations are instrumental in governing the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure that the aircraft type remains airworthy. Conversely, the State of Registry, which in Australia is CASA, is responsible for the ongoing airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements. This ensures that all aircraft registered in Australia meet the safety standards set forth by international and domestic regulations.
CASA issued AD/CL-600/13, Amendment 1, which affected Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1988. Following a review, CASA has decided to cancel this AD, effective 22 October 2009. The cancellation is due to the original unsafe condition no longer existing, making a replacement AD unnecessary. This cancellation reduces the regulatory burden, and as such, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Future Technology and Regulatory Trends of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of compliance and enforcement, any failure to adhere to the requirements set out in an AD can result in significant consequences. Civil penalties may be imposed for non-compliance, and in severe cases, criminal charges can be brought against individuals or entities that deliberately ignore or fail to comply with the ADs. The specific penalties vary depending on the nature and severity of the breach, but they can include substantial fines and, in the case of criminal offences, imprisonment. The exact penalties are determined by the courts based on the circumstances of each case, but they serve as a strong deterrent against non-compliance with airworthiness directives.