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 Canadian TCA has issued AD CF-2007-17R1 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/70, which will become effective on 2 August 2007.
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 Acting 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, serves to regulate civil aviation within Australia with a focus on safety. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998. These ADs are critical in maintaining the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8. When a State of Design, such as Canada for certain aircraft types, issues an AD, Australia's Civil Aviation Safety Authority (CASA) evaluates the directive and may issue its own AD to enforce the required safety measures domestically. This legislative framework ensures that Australian aviation standards are consistent with international obligations and safety practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, confer upon the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for ensuring the safety of air navigation, aligning with the overarching objective of the Civil Aviation Act 1988. Such directives are issued in response to identified safety concerns and are mandated by Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. In the case of the Canadian AD CF-2007-17R1 concerning Bombardier CL-600-2B19 model aircraft, CASA, as Australia's national airworthiness authority, has assessed and subsequently issued Australian AD/CL-600/70, which will be effective from 2 August 2007. This process underscores CASA's role in harmonising international safety standards with domestic regulatory frameworks. Notably, the issuance of these directives is governed by the Legislative Instruments Act 2003, recognising ADs as legislative instruments subject to disallowance. Despite their significant impact, these ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is further delineated in regulation 39.001 of the Civil Aviation Safety Regulations 1998, where it grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the safety standards of aircraft and ensuring they remain airworthy throughout their operational life.
An airworthiness directive, as described in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is also considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This classification underscores the importance and regulatory weight of ADs within the aviation safety framework. The issuing of these directives is guided by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of essential information to the States of Registry.
Under the provisions of Annex 8, the State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must establish or adopt requirements to ensure that the aircraft meet safety standards. When a State of Design issues an AD affecting a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is mandated to review the directive. If deemed necessary, CASA must then issue an Australian AD to enforce the requirements stipulated by the State of Design. For instance, the Canadian Transport Canada Authority (TCA) has issued AD CF-2007-17R1 concerning Bombardier CL-600-2B19 model aircraft, with Canada being the State of Design. Following an assessment, CASA issued Australian AD/CL-600/70, which became effective on 2 August 2007.
The process of issuing an AD, such as AD/CL-600/70, is driven by international obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design. This particular AD did not require consultation with the Australian public, as determined by the Office of Regulatory Review, and it does not necessitate a Regulatory Impact Statement. The AD was made by the Acting Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act, highlighting the structured and regulatory-driven nature of this process.