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-2006-19 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-600/77, 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, enacted by the Australian Parliament, aims to provide a comprehensive legislative framework to ensure the safety and efficiency of civil aviation in Australia. One significant aspect of this legislation is the ability for the Governor-General to make regulations that contribute to the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness, with regulation 39.001 authorising the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These directives are essential for ensuring that aircraft maintain their airworthiness in accordance with international standards, particularly as stipulated in Annex 8 to the Convention on International Civil Aviation. The policy objective is to align Australian aviation safety practices with international obligations and standards, ensuring that aircraft registered in Australia meet necessary safety requirements.
Scope and Application
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) in Australia. According to regulation 39.001 of the Civil Aviation Safety Regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. This regulatory process is guided by the overarching responsibility of the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. The AD issued by CASA is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. While ADs are issued in response to international obligations and specific safety concerns identified by the State of Design, they do not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for regulating airworthiness directives (ADs) in Australia, enabling the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments. These ADs serve as a primary means of ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The Act imposes specific obligations on CASA, the national airworthiness authority. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation. Additionally, the State of Registry is responsible for the ongoing airworthiness of individual aircraft, requiring them to develop or adopt requirements to maintain these standards.
Failure to comply with ADs can result in significant legal and financial consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil and criminal penalties. The severity of these penalties can vary but may include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and extent of the violation, but the overarching aim is to ensure strict adherence to air safety regulations.
In summary, the Civil Aviation Act 1988 and associated regulations mandate that CASA issue ADs to maintain the airworthiness of aircraft in Australia. These ADs are issued in response to directives from the State of Design and are integral to meeting international safety standards. The Act places a significant responsibility on CASA to enforce these directives and ensures that both States of Design and Registry adhere to their obligations. Non-compliance can result in severe civil and criminal penalties, reinforcing the critical importance of adhering to these safety measures.