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-2005-20 affecting Bombardier CL-600 aeroplanes. Canada is the State of Design for this aeroplane. CASA has assessed this AD and has issued Australian AD/CL-600/67, which will become effective on 29 September 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 Manager, New Technologies and Systems, 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 for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations to promote the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the requirements for maintaining the airworthiness of aircraft and aeronautical products. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The enactment of this legislation addressed the need for a structured and internationally compliant framework for ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, as an extension of the Civil Aviation Act 1988, apply to all aircraft registered in Australia and their associated aeronautical products, ensuring compliance with national and international safety standards. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate safety measures for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The ADs serve to address safety concerns raised by the State of Design, such as Canada in the case of Bombardier CL-600 aeroplanes, necessitating CASA to assess and, if appropriate, issue corresponding Australian ADs. Given the international nature of aviation safety and the obligations under the Convention, these directives are issued without public consultation and do not require a Regulatory Impact Statement. CASA issues these ADs on behalf of the Governor-General, ensuring that the safety of air navigation is upheld in accordance with national and international regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The ADs serve to mandate airworthiness requirements on aircraft types and aeronautical products, ensuring that they maintain the necessary safety standards. This is in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and requires them to provide necessary information to the States of Registry. For Australia, CASA acts as the national airworthiness authority and must evaluate and, if necessary, issue corresponding Australian ADs when the State of Design issues an AD affecting aircraft registered in Australia.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place the onus on CASA to assess and implement ADs issued by States of Design, ensuring that the continuing airworthiness of aircraft types and aeronautical products is maintained in accordance with international standards. The State of Registry, which in this context is Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft.
Breaching the requirements set out in an AD can have significant legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, non-compliance with ADs can generally result in enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, or other regulatory sanctions. These measures are intended to enforce compliance with airworthiness standards and ensure the safety of air navigation.