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-1999-32R3 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/35, Amendment 2, which will become effective on 30 August 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing various aspects of aviation safety, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further elaborate on the requirements for ADs, allowing the Civil Aviation Safety Authority (CASA) to issue them for kinds of aircraft or aeronautical products. The problem this legislation addresses is ensuring the continuing airworthiness of aircraft registered in Australia, in line with international standards and obligations under the Convention on International Civil Aviation. The enactment of these regulations was overseen by the Australian Parliament, with the policy objective of enhancing aviation safety through standardised and internationally recognised airworthiness directives. This legislative instrument is made under the authority conferred by section 98 of the Civil Aviation Act 1988, and it reflects Australia's commitment to maintaining high standards of airworthiness in accordance with international conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuing of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft on the Australian Register. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8. The State of Design, responsible for the initial airworthiness of an aircraft type, issues ADs, and the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft on the Australian Register. These ADs do not require public consultation or a Regulatory Impact Statement, as they are direct responses to ADs issued by the State of Design. This regulatory framework ensures that ADs issued by CASA align with international standards and obligations, maintaining safety and compliance across the aviation industry.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). The Governor-General is empowered to make regulations in the interest of air navigation safety (section 98). CASA has the authority to issue ADs for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (subregulation 39.001(5)). The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure ongoing airworthiness (Annex 8, Convention on International Civil Aviation).
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific obligations on parties governed by these regulations. The State of Design must issue continuing airworthiness information, such as ADs, to ensure the safety of aircraft types. The State of Registry, such as CASA in Australia, must assess and implement these ADs, ensuring they align with international standards and requirements. When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements. This process ensures that all aircraft registered in Australia meet the necessary safety standards.
The Civil Aviation Safety Regulations 1998 do not explicitly state specific offences, penalties, or consequences for breaches of ADs; however, general aviation laws and regulations may apply. Non-compliance with ADs can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the specific circumstances. The exact penalties are not specified in the regulations but are determined under broader aviation safety laws. The ADs are crucial in maintaining the airworthiness of aircraft, and failure to adhere to these directives can result in significant legal and safety repercussions for the parties involved.