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-2004-13 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-600/79, 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 comprehensive legal framework for the regulation of civil aviation in Australia, with a strong focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of safety, including the issuance of airworthiness directives. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue these directives for specific types of aircraft or aeronautical products, ensuring that Australian aviation standards align with international safety requirements. The policy objective of these regulations is to maintain and enhance the safety of air navigation by mandating specific actions or modifications in response to identified safety issues.
In accordance with international obligations under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures that these international directives are appropriately assessed and implemented in Australia. This process ensures that Australian aircraft meet necessary safety standards and facilitates compliance with international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are crucial in maintaining the continuing airworthiness of aircraft types as per the Convention on International Civil Aviation. The State of Design, such as Canada for Bombardier CL600-2B19 aircraft, holds the primary responsibility for providing necessary information for airworthiness, while the State of Registry, represented by CASA in Australia, must implement these directives to ensure compliance. As these directives are issued in response to international obligations and existing foreign ADs, they are not subject to public consultation or a Regulatory Impact Statement. The ADs are crafted by authorised CASA personnel in line with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and constitutes a legislative instrument under the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry. In turn, the State of Registry is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD, such as the one issued by Transport Canada (AD CF-2004-13) concerning Bombardier CL600-2B19 aircraft, CASA must assess this information. If appropriate, CASA issues an Australian AD to mandate the requirements of the State of Design, as seen with the issuance of Australian AD/CL-600/79, which became effective on 30 August 2007.
The obligations imposed by these provisions require CASA to rigorously evaluate and respond to ADs issued by the State of Design. CASA’s role is critical in ensuring that Australian-registered aircraft meet international safety standards. This process does not require consultation with the Australian public due to the nature of ADs under the Convention on International Civil Aviation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining safety as the paramount concern.
Breaching the requirements of an AD can result in severe consequences. Non-compliance with an AD may lead to enforcement actions under the Civil Aviation Act 1988, potentially resulting in civil or criminal penalties. The maximum penalties for civil contraventions include fines of up to $126,000 for individuals and $630,000 for corporations. Criminal penalties can result in fines of up to $504,000 for individuals and $2.52 million for corporations, alongside potential imprisonment terms. These stringent penalties underscore the importance of adhering to ADs to maintain the highest safety standards in air navigation.