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-2004-01R1 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-600/78, 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 a legislative framework for civil aviation in Australia, addressing the need for comprehensive regulation to ensure safety and efficiency in the industry. This Act grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, which among other provisions, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs are considered legislative instruments, subject to disallowance and review as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching goal of these regulations is to ensure that aircraft within Australia's jurisdiction maintain airworthiness standards that align with international conventions, particularly those set forth by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation (Airworthiness) Instrument 2007 No. 1, issued under the Civil Aviation Act 1988, applies to the continuing airworthiness of aircraft registered in Australia, specifically mandating compliance with airworthiness directives as required by the Civil Aviation Safety Regulations 1998. This legislation ensures that aircraft in Australia conform to safety standards set by the State of Design and adopted by the Australian Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. The geographic reach of this Act is national, as it pertains to aircraft registered in Australia and operates within the Australian jurisdiction. However, it also aligns with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed by foreign states. The Act does not extend to public consultation or require a Regulatory Impact Statement, as it is issued in response to international obligations and assessments conducted by CASA. The AD is a legislative instrument made under the authority of the Act and was issued by CASA to ensure the safety of aircraft in Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance as stipulated in section 46A of that Act. Consequently, they must be assessed and approved in accordance with the Legislative Instruments Act 2003.
The obligations imposed by these regulations are twofold. Firstly, the State of Design, in this case Canada for Bombardier CL600-2B19 aircraft, bears the responsibility of ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. Secondly, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design, CASA is obligated to assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The consequences for non-compliance with ADs are significant. Failure to adhere to the mandated requirements can result in severe penalties. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue ADs, and non-compliance with these directives can lead to enforcement actions. Such actions may include fines and other legal consequences, although the specific penalties are not detailed in the provided text. The issuing of ADs without public consultation aligns with the understanding that these directives are critical to maintaining airworthiness and safety standards, thereby justifying the expedited regulatory process.
The AD in question, AD/CL-600/78, is a direct response to Transport Canada’s AD CF-2004-01R1, and it reflects Australia’s commitment to international safety standards as outlined in the Convention on International Civil Aviation. The AD was issued by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA. This regulatory action was taken in accordance with the legislative framework, ensuring that Australian-registered aircraft meet international safety requirements without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.