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-1998-14R4 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/CL-600/34, Amendment 2. The cancellation will become effective on 30 August 2007. The new requirement is contained in AD/CL-600/71.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 legislative framework for civil aviation in Australia, ensuring safety, efficiency, and security in the nation’s airspace. This Act empowers the Civil Aviation Safety Authority (CASA) to create regulations, including airworthiness directives, to maintain and enhance aviation safety standards. The Civil Aviation Safety Regulations 1998, which fall under the authority of this Act, mandate that CASA can issue airworthiness directives to ensure the continuing airworthiness of aircraft types and aeronautical products. The objective of these regulations is to align with international safety standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, ensuring that Australia’s aviation safety measures are consistent with global best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can mandate ADs for aircraft registered in Australia, ensuring compliance with international standards for airworthiness as stipulated under Annex 8 to the Convention on International Civil Aviation. These ADs apply to the State of Registry, which in Australia's case is CASA, and must be adhered to by the operators of the affected aircraft to maintain their airworthiness. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and oversight by the Legislative Instruments Act 2003. In the instance of Transport Canada issuing AD CF-1998-14R4 for Bombardier CL-600 model aircraft, CASA has assessed and subsequently cancelled the corresponding Australian AD, with the changes becoming effective on a specified date. The cancellation reflects Australia's commitment to international civil aviation standards and was enacted without public consultation as determined by the Office of Regulatory Review, which also found that a Regulatory Impact Statement was not required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the power to issue ADs for specific types of aircraft or aeronautical products. This regulatory framework ensures that ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to maintain the safety standards required by the Convention on International Civil Aviation.
The Act and Regulations impose specific obligations on the entities involved in the airworthiness of aircraft. The State of Design, which is the country where the aircraft is designed, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the airworthiness of the aircraft type to the 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 aircraft. In Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft meet the necessary safety standards as per the Convention on International Civil Aviation.
The issuance of ADs and the cancellation of existing ADs carry specific implications for compliance and enforcement. Transport Canada's AD CF-1998-14R4, affecting Bombardier CL-600 model aircraft, led to the cancellation of the Australian AD/CL-600/34, Amendment 2, by CASA. This cancellation was made in response to Australia’s obligations under the Convention on International Civil Aviation and was not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Any non-compliance with the ADs can result in significant civil or criminal consequences, including financial penalties and potential criminal charges, as stipulated by the relevant aviation safety regulations.