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.
The Civil Aviation Safety Authority or its predecessors issued AD/CL-600/18 affecting Canadair Challenger CL-600 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 6 August 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation, empowers the Governor-General to make regulations conducive to the safety of air navigation. Among these regulations, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. The ADs serve as a legislative instrument, as per the Legislative Instruments Act 2003, and are a common means of ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority, acting on behalf of Australia's obligations under the Convention, has the responsibility to assess and potentially issue ADs to maintain the airworthiness of aircraft within Australia's jurisdiction. This process includes the assessment and cancellation of ADs, such as AD/CL-600/18 affecting Canadair Challenger CL-600 model aircraft, which has been cancelled due to the resolution of the unsafe condition it addressed. The legislative framework ensures that Australia adheres to international standards while managing the airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs are legislative instruments that serve the overarching purpose of ensuring the safety of air navigation. Under subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and they play a crucial role in the international framework of continuing airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with the ongoing airworthiness of individual aircraft. Consequently, when an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, evaluates this information and may issue an Australian AD to enforce the necessary requirements. For example, CASA issued AD/CL-600/18 concerning Canadair Challenger CL-600 model aircraft, which has since been cancelled as the unsafe condition no longer exists. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this specific AD cancellation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Within this framework, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments according to section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both the State of Design and the State of Registry. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. In turn, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements of an AD can lead to severe consequences. In the case of AD/CL-600/18 affecting Canadair Challenger CL-600 model aircraft, CASA assessed the AD and subsequently cancelled it as the unsafe condition it addressed no longer existed. This cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. CASA issued this directive under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988, and the Manager, Systems and New Technologies in the Airworthiness Engineering Group acted on behalf of CASA in this matter. The implications of non-compliance with an AD can include significant penalties or other legal consequences, though the specific penalties are not detailed in the provided text. However, it is clear that adherence to these directives is critical for maintaining air safety standards.