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 issued AD CF-2011-39, affecting Bombardier CL-600 aircraft, in 2011. Canada is the State of Design for this type. AD CF-2011-39 supersedes Transport Canada AD CF-2002-41. CASA has amended the corresponding Australian AD, AD/CL-600/71 Amdt 1 to remove AD CF-2002-41 from the list in table 1. The amended AD, AD/CL-600/71 Amendment 2, will become effective on 14 November 2011. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational piece of legislation for civil aviation in Australia. It was introduced to establish a comprehensive legal framework for ensuring the safety and efficiency of civil aviation within the country. The Act grants the Governor-General the authority to make regulations that support the Act and enhance air navigation safety. The Civil Aviation Safety Regulations 1998, derived from this Act, further delineate specific requirements and processes, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to ensure that aircraft registered in Australia meet the necessary safety standards and comply with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives (ADs) which apply to all aircraft or aeronautical products registered in Australia, ensuring compliance with international standards for safety. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to maintain airworthiness and safety in accordance with Annex 8 to the Convention on International Civil Aviation. ADs are considered legislative instruments and are issued to address safety concerns identified by the State of Design, with CASA acting on this information to safeguard the continuing airworthiness of aircraft registered in Australia. The ADs are issued without public consultation due to their international regulatory obligations and do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised to ensure the continuing safety of air navigation, as per section 98 of the Civil Aviation Act 1988. An AD, as stated in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs are a common method used to communicate continuing airworthiness information and are issued by most ICAO Contracting States, including Australia.
The obligations imposed by these ADs fall primarily on the State of Registry, which in the context of Australia, is CASA. CASA is responsible for ensuring that the aircraft registered within Australia comply with the continuing airworthiness requirements outlined in the ADs. When an AD is issued by a State of Design, such as Transport Canada's AD CF-2011-39 for Bombardier CL-600 aircraft, CASA must review this information and, if necessary, issue a corresponding Australian AD. This process was followed with the amendment of AD/CL-600/71 Amdt 1 to AD/CL-600/71 Amendment 2, which will become effective on 14 November 2011. This amendment aligns with the international requirements and ensures that Australian-registered aircraft meet the safety standards set forth by the State of Design.
Breach of the requirements outlined in an AD can lead to serious consequences, both civil and criminal. Failure to comply with an AD can result in the grounding of affected aircraft, which could have significant operational and financial implications for the operators. Moreover, non-compliance can lead to enforcement actions by CASA, which may include fines, legal proceedings, and other regulatory sanctions. The maximum penalties for such breaches are not explicitly detailed in the provided text but are likely to be substantial, reflecting the critical nature of air safety regulations.
Given that these ADs are issued in accordance with Australia’s international obligations under the Convention on International Civil Aviation, and because they respond to directives from the relevant State of Design, no public consultation is required. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that safety measures can be implemented promptly without undue administrative burden.