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.
The TCCA has issued AD CF-2006-21R1 affecting Bombardier CL-604 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/69, Amendment 1, which will become effective on 27 October 2006. 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, 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, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation to ensure safety and efficiency. The Act empowers the Governor-General to create regulations for air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, stipulating that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for aircraft types and aeronautical products. This legislative framework is designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that aircraft maintain their airworthiness across different jurisdictions. The Civil Aviation Safety Regulations mandate that CASA must issue corresponding ADs when the State of Design, such as Canada in the case of Bombardier CL-604 model aircraft, issues directives to ensure compliance with international safety standards. This legislative process underscores Australia's commitment to international civil aviation agreements while maintaining stringent safety protocols domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and are legislative instruments, disallowable under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. ADs are typically issued in response to continuing airworthiness concerns identified by the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is obligated to assess such directives and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. This ensures that aircraft registered in Australia meet international safety standards. Exemptions from consultation and Regulatory Impact Statements apply to ADs, as they are responses to international mandates rather than domestic policy initiatives.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments as defined under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901. They play a pivotal role in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, with CASA acting as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information provided and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the safety standards set forth by ICAO Contracting States.
The ADs issued under these regulations are integral in ensuring that the State of Registry, in this case Australia, maintains the continuing airworthiness of individual aircraft. The State of Registry must establish or adopt requirements to uphold the airworthiness of aircraft within its jurisdiction. Consequently, when Canada, the State of Design for Bombardier CL-604 model aircraft, issued AD CF-2006-21R1, CASA evaluated the directive and issued Australian AD/CL-600/69, Amendment 1, effective from 27 October 2006.
Failure to comply with ADs can lead to significant consequences. Although this particular AD was issued without public consultation due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the State of Design, non-compliance with these directives can result in severe penalties. CASA can take enforcement actions against operators who do not adhere to the ADs, which can include fines, suspension, or revocation of aircraft certificates of airworthiness. The specific penalties depend on the severity of the non-compliance and are intended to ensure the highest standards of safety in air navigation.