CIVIL AVIATION ACT 1988
CIVIL AVIATION 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-2005-06 affecting Bombardier Model CL-601 aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/64, which will become effective on 9 June 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to provide for the safety of air navigation and the regulation of civil aviation within Australia. The Act serves as the legislative foundation for ensuring the safety and efficiency of civil aviation operations. One of its key provisions is the delegation of authority to the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The policy objective of these directives is to mandate safety requirements for aircraft types, in line with international standards set by the International Civil Aviation Organization (ICAO) and the responsibilities of the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act applies to all aircraft registered in Australia and those entering Australian airspace, encompassing both domestic and international flights. This legislation mandates that CASA, as the national airworthiness authority, must ensure the continuing airworthiness of aircraft by issuing ADs that comply with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments and are issued in response to safety concerns identified by the State of Design or in alignment with international agreements. Exemptions or exclusions from these directives are rare and are generally limited to specific circumstances where compliance would be impractical or where alternative safety measures are deemed sufficient. Subordinate instruments may further refine the application of these regulations, ensuring that the ADs are consistently applied across the industry.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, empowers the Governor-General to create regulations for air safety under section 98, and CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. This directive mechanism is designed to ensure the safety and continuing airworthiness of aircraft, particularly in response to safety issues identified by the State of Design, which holds overall responsibility for the airworthiness of an aircraft type. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are considered legislative instruments under the Legislative Instruments Act 2003.
Entities governed by these regulations, particularly CASA as the national airworthiness authority, must adhere to the requirements set forth in these ADs. This includes the responsibility of assessing information from the State of Design and issuing corresponding Australian ADs when necessary. For example, CASA must evaluate the AD issued by Transport Canada for Bombardier Model CL-601 aircraft and, if deemed appropriate, issue an Australian AD to mandate the requirements. This process is a direct response to Australia’s obligations under the Convention on International Civil Aviation, ensuring alignment with international standards and practices.
Failing to comply with the ADs issued under these regulations can lead to serious consequences. The Act and Regulations do not explicitly outline specific offences or penalties for non-compliance with ADs; however, broader civil and criminal penalties may apply for violations of the Civil Aviation Act 1988. Non-compliance can potentially result in significant safety risks, and in severe cases, could lead to legal action under the Act, which includes fines and imprisonment. The importance of adhering to ADs cannot be overstated, as they are critical for maintaining the safety and airworthiness of aircraft operating in Australia.
The AD process is streamlined to ensure efficiency, recognising that public consultation is not always necessary, particularly when the ADs are issued in direct response to international standards or directives. This is evident in the case of AD/CL-600/64, which was issued in response to Transport Canada's AD CF-2005-06 without public consultation, and was deemed not to require a Regulatory Impact Statement by the Office of Regulatory Review. The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This efficient process underscores the importance of adhering to international safety standards and the critical role of ADs in maintaining air safety.