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-2003-09 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/73, 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 Manager, Airframes 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 Australian Parliament, is designed to regulate civil aviation and ensure the safety of air navigation within Australia. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft types. Under the Convention on International Civil Aviation, the State of Design, such as Canada in this case, holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to maintain airworthiness. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue a corresponding Australian AD. In this instance, CASA issued Australian AD/CL-600/73 in response to Transport Canada’s AD CF-2003-09 for Bombardier CL-600 model aircraft, effective from 2 August 2007. This AD was made without public consultation and without the need for a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia and ensures that these aircraft meet the continuing airworthiness standards as stipulated by the relevant State of Design, which holds the overall responsibility for the type of aircraft. CASA, as Australia's national airworthiness authority, has the duty to assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these safety requirements. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, while these ADs are issued pursuant to international obligations under the Convention on International Civil Aviation and in response to ADs from the State of Design, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design, as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the State of Registry to ensure that the aircraft type remains airworthy. In Australia, CASA, as the national airworthiness authority, assesses any ADs issued by the State of Design and, if deemed necessary, issues corresponding Australian ADs. This ensures that the continuing airworthiness requirements of the aircraft are properly mandated and enforced within Australia.
The obligations placed on parties and entities governed by this legislation include ensuring compliance with the ADs issued by CASA. The State of Design is obligated to issue ADs to address any safety issues identified with their aircraft types, while the State of Registry, in this case CASA, must assess these ADs and implement corresponding measures where necessary. For aircraft operators and owners, compliance with these directives is mandatory to maintain the airworthiness of their aircraft. Failure to adhere to the ADs could result in severe consequences, including potential grounding of the aircraft, and could lead to enforcement actions by CASA.
The legislation also outlines the consequences for non-compliance with ADs. Any breach of the requirements set forth in an AD may result in civil or criminal penalties. The exact nature and severity of these penalties depend on the specific circumstances of the breach. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions, which may include fines and other sanctions. The maximum penalties for non-compliance can be substantial, reflecting the critical importance of adhering to airworthiness directives to maintain the safety of air navigation.