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-600/17 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes. 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, enacted by the Commonwealth Parliament, was established to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety and efficiency. To address the need for stringent oversight and regulation of airworthiness and to align with international standards, the Civil Aviation Safety Regulations 1998 were introduced, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft and to mandate compliance with safety standards. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds responsibility for providing necessary information to maintain airworthiness, while the State of Registry must ensure the application of these requirements within its jurisdiction. CASA, acting on behalf of the Australian government, plays a crucial role in assessing and issuing ADs to uphold these safety standards domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to comply with the directives issued by the State of Design. The issuance and cancellation of such ADs are governed by CASA and must adhere to the stipulated regulatory processes, reflecting the ongoing commitment to aviation safety and the reduction of regulatory burden where appropriate.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for civil aviation safety in Australia, and under section 98, it empowers the Governor-General to make regulations for the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This regulatory mechanism is intended to ensure that all aircraft meet the necessary safety standards. It is important to note that under subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, an AD is classified as a legislative instrument.
The obligations placed on parties and entities by this Act are significant. The State of Design, which is the country where the aircraft was originally designed, holds the primary responsibility for the continuing airworthiness of the aircraft type, including providing necessary information to ensure such airworthiness to States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft operating within Australian jurisdiction adhere to the necessary safety standards.
There are clear consequences for non-compliance with ADs. While the text does not specify offences or penalties directly associated with ADs, failure to comply with airworthiness requirements can lead to severe consequences, including grounding of the aircraft, fines, and potential criminal charges for operators. Furthermore, CASA has the authority to take enforcement actions against non-compliant operators, which could include administrative penalties, legal action, or even revocation of the operator's licence. The legislative framework thus imposes a strict duty on all parties to comply with ADs to ensure the safety of air navigation.