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-2001-15R1 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-600/42, Amendment 1, 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, enacted to establish and maintain a regulatory framework for civil aviation safety in Australia, was introduced to address the need for a comprehensive legal structure governing the safety of air navigation. The Act empowers the Governor-General to create regulations that promote air navigation safety, with a particular focus on the issuance of airworthiness directives (ADs). These directives, as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types and aeronautical products. This legislative instrument is crucial for aligning Australia’s regulatory practices with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective underpinning this legislation is to enhance the safety of air navigation by ensuring that aircraft meet necessary airworthiness standards, thereby protecting public safety and maintaining the integrity of the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation. These ADs, which are considered legislative instruments under the Acts Interpretation Act 1901, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, in line with obligations under the Convention on International Civil Aviation. When an AD is issued by the State of Design, such as Transport Canada’s AD CF-2001-15R1 for Bombardier CL-600 model aircraft, CASA, as Australia's national airworthiness authority, is mandated to assess the information and, if deemed necessary, issue a corresponding Australian AD. For instance, CASA issued AD/CL-600/42, Amendment 1, in response to the Canadian AD, reflecting Australia’s commitment to international safety standards and ensuring compliance by aircraft registered in Australia. Given that these ADs are issued in response to international obligations and pre-existing directives from the State of Design, they are not subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued. Under section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are formal directives intended to address issues that may affect the safety of aircraft. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under this legislative framework, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This responsibility is aligned with the provisions of Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, Transport Canada has issued an AD affecting Bombardier CL-600 model aircraft, and CASA has assessed this AD, issuing Australian AD/CL-600/42, Amendment 1, which will become effective on 30 August 2007.
The obligations imposed on CASA and other relevant entities include assessing foreign ADs and issuing corresponding Australian ADs when necessary. This ensures that all aircraft registered in Australia comply with the necessary safety standards and requirements. There is no requirement for public consultation on these ADs because they are issued in response to international obligations and requirements set forth by the State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process of issuing these directives. The ADs are 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.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breaches of ADs. However, failing to comply with an AD can result in severe civil and criminal penalties under other sections of the Civil Aviation Act 1988. For instance, section 24 of the Act makes it an offence for a person to operate an aircraft that does not meet the requirements of an AD. This offence can result in substantial fines and imprisonment. Furthermore, under section 94 of the Act, CASA can take enforcement actions, including grounding aircraft that do not comply with ADs, which can have significant operational and financial implications for the operators.