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_2006-21 affecting Bombardier CL-600-2B16 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/69, which will become effective on 6 September 2006.
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 in Australia, ensuring safety and efficiency in the industry. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), to maintain the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of relevant information to the States of Registry. CASA, acting as Australia’s national airworthiness authority, assesses the ADs issued by the State of Design and, if deemed necessary, issues corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to ensure the safety of air navigation as mandated by the Civil Aviation Act 1988. The ADs are typically issued in response to continuing airworthiness information provided by the State of Design, which is the country responsible for the aircraft type. In cases where Australia is the State of Registry, CASA, as the national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. These directives apply to the relevant aircraft or aeronautical products registered in Australia and are designed to comply with international standards set by the Convention on International Civil Aviation. The issuance of these ADs is governed by the obligations under international conventions, and therefore, public consultation is not required. The ADs are issued by CASA under the authority of the Civil Aviation Act 1988 and are not subject to a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act's purposes and the safety of air navigation. The ADs serve as formal notices to aircraft owners and operators of potential safety issues, and they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the safety standards of aircraft. They are issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type according to Annex 8 of the Convention on International Civil Aviation. The State of Registry, on the other hand, has the responsibility for ensuring the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must review and assess any ADs issued by the State of Design. If deemed necessary, CASA will then issue an Australian AD to enforce the required safety measures.
The obligations imposed on the parties governed by the Civil Aviation Safety Regulations 1998 include compliance with the ADs issued by CASA. Aircraft owners and operators must adhere to the directives to ensure that their aircraft meet the required safety standards. Failure to comply with these directives can result in serious safety risks and potential regulatory consequences. CASA's role is to monitor compliance and ensure that all aircraft meet the necessary safety criteria.
In terms of penalties, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for both civil and criminal consequences for non-compliance with ADs. Civil penalties can include fines, while criminal penalties may involve imprisonment, particularly in cases where non-compliance leads to accidents or endangers public safety. The specific penalties are determined by the severity of the breach and are subject to the judicial discretion of the courts. Compliance with ADs is essential to maintain the safety of air navigation and to avoid these potential legal consequences.