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-2002-30R1 affecting Bombardier CL600-2B19 aircraft. Canada is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/CL-600/72, 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 Parliament of Australia, provides the legislative framework for civil aviation in the country, addressing issues related to the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby maintaining the continuing airworthiness of aircraft registered in Australia. This regulatory mechanism is essential to fulfil Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires States of Registry to ensure the safety of aircraft within their jurisdiction. The issuance of ADs by CASA, in response to directives from the State of Design, is a critical component of this regulatory framework, ensuring that Australian aviation practices align with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia. Specifically, section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular 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 ADs are intended to ensure the continuing airworthiness of aircraft in accordance with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. Consequently, when a State of Design, such as Canada in the case of Bombardier CL600-2B19 aircraft, issues an AD, CASA is obligated to assess this information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian aviation standards align with international safety requirements without necessitating public consultation or a Regulatory Impact Statement. The ADs are issued by CASA under the authority vested in it as Australia’s national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) confirms that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. This means that ADs are formal legal instruments that carry the authority of the Act.
Under these regulations, CASA is obligated to issue ADs when the State of Design—the country where the aircraft is designed—issues a corresponding AD. For example, Transport Canada issued AD CF-2002-30R1 for Bombardier CL600-2B19 aircraft, and CASA subsequently issued Australian AD/CL-600/72. This demonstrates CASA’s role in ensuring that Australian aircraft meet international safety standards. The State of Registry, which in this case is Australia, must ensure the continuing airworthiness of the aircraft and implement the requirements specified in the AD. CASA’s role is to assess the AD from the State of Design and, if necessary, issue an Australian AD to enforce these requirements on Australian-registered aircraft.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they are designed to ensure strict adherence to air safety regulations. In addition to criminal penalties, non-compliance can also lead to civil consequences such as the grounding of aircraft or the suspension of air operator certificates. These measures are intended to maintain the high safety standards required in civil aviation.
Given the international nature of air travel, ADs are crucial for maintaining global air safety standards. They are issued under the authority of Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry. By adhering to these international obligations, CASA ensures that Australian-registered aircraft meet globally recognised safety standards, thereby contributing to the overall safety of international civil aviation.