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-2002-39 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/84, 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 Manager, Airframes 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 framework for civil aviation in Australia, addressing the need for a cohesive set of regulations to govern the safety and efficiency of air navigation within Australian territory. The Act empowers the Governor-General to establish regulations necessary for the safety of air navigation, thereby ensuring that air travel remains secure and orderly. Under this legislative authority, the Civil Aviation Safety Regulations 1998 were formulated, granting the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. This regulatory mechanism aligns with the broader policy objective of maintaining high safety standards in aviation, in accordance with international conventions such as Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design and Registry collaborate to ensure the continuing airworthiness of aircraft. The issuance of Australian ADs, such as AD/CL-600/84 in response to Transport Canada's AD CF-2002-39, underscores the importance of harmonising national regulations with international obligations to ensure a uniform approach to aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in subregulation 39.001(5) and further clarified under section 46A of the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by the State of Registry, which in Australia’s case is CASA. This legislative framework is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring airworthiness on the State of Design, with the State of Registry required to enforce these directives within its jurisdiction. The ADs are designed to address issues identified by the State of Design and subsequently assessed and enforced by CASA to comply with international standards and Australian obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. This broad authority is exercised through the Civil Aviation Safety Regulations 1998, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 allows CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are legally binding and can be challenged in court, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, which considers them legislative instruments.
Under the Civil Aviation Safety Regulations 1998, CASA has an obligation to evaluate ADs issued by the State of Design, particularly when these ADs pertain to aircraft types registered in Australia. The State of Design, such as Transport Canada in this case, is responsible for the ongoing airworthiness of a particular aircraft type and must share pertinent information with States of Registry, including Australia. As the national airworthiness authority, CASA must assess the ADs from the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards and Australian regulations. This process is governed by Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of States of Design and States of Registry.
The obligations extend to ensuring that the ADs issued by CASA are in line with international conventions and standards. For instance, Transport Canada issued AD CF-2002-39 for Bombardier CL-600 model aircraft, and CASA subsequently issued Australian AD/CL-600/84, effective from 30 August 2007. Given the international nature of these directives and their alignment with the Convention on International Civil Aviation, there was no requirement for public consultation in Australia. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
In terms of compliance and consequences, any breach of the provisions stipulated in the ADs can lead to significant legal repercussions. While the specific penalties are not detailed in the provided text, under the Civil Aviation Act 1988, non-compliance with ADs can result in civil or criminal penalties. These can include fines and potential imprisonment, depending on the severity of the breach and the impact on aviation safety. The ADs are thus crucial for maintaining the safety and airworthiness of aircraft operating in Australia.