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-600/2 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 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 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 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations that serve the interests of safety, including the issuance of airworthiness directives (ADs). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to maintain airworthiness standards. The Civil Aviation Act 1988 was designed to address the need for a robust regulatory framework that aligns with international standards, ensuring that Australian civil aviation practices meet global safety benchmarks. The Act reflects a policy objective to maintain high safety standards in civil aviation, thereby protecting the public and enhancing the reliability of air travel within and beyond Australian borders.
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 types of aircraft or aeronautical products. This authority is granted under regulation 39.001 of the Regulations, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding ADs to mandate the safety requirements for aircraft registered in Australia. In the case of AD/CL-600/2 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes, CASA has determined that the directive can be cancelled as the unsafe condition it addressed no longer exists, effective from 19 November 2009. This cancellation results from CASA’s assessment and does not require public consultation or a Regulatory Impact Statement, reflecting a reduction in regulatory burden.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 permit the Governor-General to make regulations for the safety of air navigation, as per section 98 (1). Regulation 39.001 allows 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 as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. These regulations are in line with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on parties include CASA’s duty to assess and potentially issue Australian ADs when a State of Design issues an AD. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry must develop or adopt requirements to ensure the same. This regulatory framework ensures that aircraft maintain their airworthiness standards and comply with international conventions.
Breaching the provisions of the Civil Aviation Safety Regulations 1998, such as failing to comply with an airworthiness directive, can result in various consequences. While specific offences and penalties are not detailed in the text, non-compliance with ADs can lead to serious safety issues, including the potential for aircraft accidents or incidents. The regulatory authority, CASA, may take enforcement actions against non-compliant entities, which could include fines, penalties, or other corrective measures to ensure compliance and safety.
The Civil Aviation Act 1988 and its associated regulations ensure that airworthiness directives are issued and managed to maintain high safety standards in the aviation industry. CASA’s role in issuing, reviewing, and cancelling ADs reflects a commitment to safety and compliance, ensuring that the risks associated with aircraft operation are minimised. The interplay between the State of Design and the State of Registry further reinforces a collaborative approach to maintaining airworthiness across different jurisdictions.