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-2005-41 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-600/76, which will become effective on 30 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 was enacted to provide for the safety and efficiency of civil aviation in Australia, ensuring it is conducted in a manner consistent with international standards. The Act establishes the framework under which the Civil Aviation Safety Regulations 1998 operate, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety measures for aircraft and aeronautical products. This legislative measure addresses the need for consistent and internationally aligned aviation safety regulations, ensuring that Australian civil aviation meets global safety standards. The policy objective is to maintain the safety of air navigation, as per the Act, and to uphold Australia's commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The ADs are issued by CASA under the authority granted by the Act and the Regulations, reflecting the Australian government's commitment to international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft and aeronautical products within Australia, ensuring that these entities meet specific safety standards as mandated by the Civil Aviation Safety Authority (CASA). The Act empowers CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In instances where a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if appropriate, issue a corresponding Australian AD to enforce the necessary requirements. This process ensures that Australian-registered aircraft comply with international safety standards, as illustrated by the issuance of Australian AD/CL-600/76 in response to Canada’s AD CF-2005-41 for Bombardier CL600-2B19 aircraft. The ADs do not require public consultation or a Regulatory Impact Statement, as they are directly related to international obligations and are issued by CASA as Australia’s national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that serve the Act's purposes and the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, a legislative instrument under the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the type of aircraft, has an overarching duty to provide necessary information to ensure the continuing airworthiness of the aircraft type to relevant States of Registry. Typically, ADs are the most common form of continuing airworthiness information issued by ICAO Contracting States. The State of Registry, in this case, CASA in Australia, is then tasked with assessing the information provided by the State of Design and issuing a corresponding AD if necessary. This ensures that all aircraft within the Australian Register meet the required safety standards.
An example of this process in action is evident in the case of Bombardier CL600-2B19 aircraft, where Transport Canada issued AD CF-2005-41. As Canada is the State of Design for these aircraft, CASA assessed the AD and issued Australian AD/CL-600/76, effective from 30 August 2007. Given the nature of these ADs and their basis in international obligations under the Convention on International Civil Aviation, no public consultation was required. Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Act.
Under this framework, there are specific obligations and requirements imposed on the parties involved. CASA, as the national airworthiness authority, must rigorously assess any ADs issued by the State of Design and determine if they need to issue corresponding Australian ADs. For the State of Registry, ensuring the continuing airworthiness of aircraft involves developing or adopting the necessary requirements. For manufacturers and operators, compliance with these ADs is mandatory, ensuring that they address any identified safety issues promptly. Failure to comply with these ADs can lead to serious consequences, including potential grounding of aircraft, fines, and other penalties. The regulations provide a clear pathway for maintaining the highest safety standards in civil aviation.