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-97-11R2 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-600/85, 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 establish a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a structured and safe governance of air navigation within the country. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight as per the Legislative Instruments Act 2003. The policy objective of these regulations is to uphold the highest standards of air safety by ensuring the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to mandate necessary safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003, and their issuance is in the interests of ensuring the safety of air navigation. ADs are a common form of continuing airworthiness information, issued by most ICAO Contracting States in accordance with Annex 8 to the Convention on International Civil Aviation. In the case of aircraft on the Australian Register, the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to ensure compliance with these ADs. For instance, when Transport Canada issued AD CF-97-11R2 concerning Bombardier CL-600 model aircraft, CASA, as Australia’s national airworthiness authority, assessed the directive and issued Australian AD/CL-600/85, which became effective on 30 August 2007. Given that this AD was issued in response to Australia’s obligations under the Convention on International Civil Aviation and was issued by the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. The legislative nature of these ADs is underscored by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which classifies them as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and further as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This establishes a clear legal framework under which these directives operate.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 extend to ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds overarching responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of necessary information to relevant States of Registry. In the Australian context, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the requisite requirements. For example, in response to AD CF-97-11R2 issued by Transport Canada concerning Bombardier CL-600 model aircraft, CASA has issued Australian AD/CL-600/85, which will take effect on 30 August 2007. This process underscores the collaborative nature of international aviation safety protocols.
The regulatory framework also delineates the consequences of non-compliance. Under the Civil Aviation Act 1988, failure to adhere to the mandates set forth in airworthiness directives can result in significant legal repercussions. The specific offences, penalties, and consequences for non-compliance are not explicitly detailed in the provided text, but they typically include both civil and criminal penalties, depending on the severity and intent behind the breach. In some instances, non-compliance may lead to fines, imprisonment, or both, depending on the jurisdiction and the specifics of the violation. The regulatory oversight and enforcement mechanisms ensure that the safety standards set forth in the legislation are upheld, thereby maintaining the high safety standards expected in civil aviation.