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-2008-30 affecting Bombardier CL-600 2B19 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/83 Amendment 1, which will become effective on 14 November 2008. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes& Structures in the Airworthiness Engineering Group, 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, ensuring the safety, efficiency, and orderly development of the aviation industry. This Act was designed to address the need for a cohesive and structured approach to aviation safety, operations, and oversight. The Civil Aviation Safety Regulations 1998 further detail the specific requirements and procedures under the Act, including the issuance of airworthiness directives. The Civil Aviation Safety Authority (CASA) is the body responsible for implementing these regulations and ensuring compliance with both domestic and international standards. The overarching policy objective of the Act and its regulations is to maintain and enhance the safety of air navigation and the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provide authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products as outlined in regulation 39.001. Each AD is a legislative instrument as per the Legislative Instruments Act 2003. The regulations are influenced by international standards, specifically Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs that mandate the requirements of the State of Design. For example, in response to Transport Canada’s AD CF-2008-30 for Bombardier CL-600 2B19 model aircraft, CASA issued Australian AD/CL-600/83 Amendment 1. This AD was issued without public consultation due to its alignment with international obligations and was deemed not to require a Regulatory Impact Statement. The AD was promulgated by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue 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 in the interest of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically permits CASA to issue ADs for types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This was exemplified in the case of the Bombardier CL-600 2B19 model aircraft, where Transport Canada issued AD CF-2008-30, leading CASA to issue Australian AD/CL-600/83 Amendment 1, effective from 14 November 2008.
The issuing of these ADs is governed by Australia’s obligations under the Convention on International Civil Aviation and in response to ADs from relevant States of Design. As such, there is no requirement for public consultation on these directives. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes and Structures in the Airworthiness Engineering Group at CASA issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
For entities and individuals governed by these provisions, compliance with ADs is mandatory. Failure to adhere to the requirements set forth in an AD can result in severe consequences. Under section 98A of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can be substantial, with maximum penalties varying depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with airworthiness directives.