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-2006-16R1 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for these aeroplanes CASA has assessed this AD and has issued Australian AD/CL-600/86, 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 the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, including airworthiness directives, for the purposes of the Act and to uphold the safety standards in air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific types of aircraft or aeronautical products. This legislative framework is designed to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia meets its obligations in maintaining the continuing airworthiness of aircraft. The issuance of airworthiness directives, as outlined in the regulations, is a critical tool for CASA to mandate safety requirements and ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These directives are issued under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998 to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that mandate compliance with airworthiness standards for specific types of aircraft or aeronautical products, and they are issued in response to directives from the State of Design or based on CASA’s assessment of the necessity for such measures. ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. They extend to all aircraft registered in Australia and are issued in accordance with the legislative framework, with the AD being made by an authorised official on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Such directives are essential for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations on parties such as aircraft manufacturers, operators, and CASA are significant. The State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure continuing airworthiness. This information is typically conveyed through ADs. The State of Registry, which is the country where an aircraft is registered, must also ensure the continuing airworthiness of the aircraft by adopting or developing appropriate requirements. CASA, as Australia’s national airworthiness authority, must review ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements. For instance, following the issuance of AD CF-2006-16R1 by Transport Canada for Bombardier CL600 series aeroplanes, CASA issued Australian AD/CL-600/86.
Failure to comply with the requirements set out in an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 stipulate that non-compliance with an AD can lead to significant penalties. These can include both civil and criminal penalties, depending on the severity of the breach. Under the Civil Aviation Act 1988, civil penalties can be imposed for non-compliance with ADs, with maximum fines that can vary significantly depending on the nature of the offence. Criminal penalties may also be applicable, and in severe cases, can result in imprisonment. It is crucial for all parties involved to adhere strictly to the directives to avoid these potential repercussions.