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 issued AD CF-2007-10R1, affecting Bombardier CL600-2B19 aircraft. Canada is the State of Design for these aircraft. As a result, CASA has amended the equivalent Australian AD to AD/CL-600/87 Amendment 1. The amended AD will become effective on 23 October 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, 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 legislative framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Governor-General is empowered to make regulations for these purposes. One such regulation, outlined in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuing of these directives is intended to address the gap in maintaining the safety and airworthiness of aircraft in accordance with international standards, particularly as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that require no consultation of the Australian public as they respond to international obligations and directives from the State of Design. The ADs are developed by CASA, which acts as Australia’s national airworthiness authority, to ensure compliance with both domestic and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, pertains to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Under section 98 of the Act, the Governor-General is empowered to create regulations in the interests of air navigation safety, with regulation 39.001 specifically enabling CASA to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments as defined under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, in accordance with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case CASA, must then assess this information and issue an Australian AD if appropriate. The ADs are applied nationally and align with international standards set by the International Civil Aviation Organization (ICAO). Notably, these directives do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation within Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. According to subregulation 39.001(5), ADs are disallowable instruments under the Acts Interpretation Act 1901, highlighting their legal standing.
The obligations imposed by the Act and the Regulations require CASA to assess any airworthiness directives issued by the State of Design and to subsequently issue corresponding Australian ADs if deemed necessary. This process ensures that Australian aircraft comply with international standards and continue to meet airworthiness criteria. Annex 8 to the Convention on International Civil Aviation places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with the requirements set forth in an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes a regulation can be subject to fines and penalties as specified by the Act. The precise nature and severity of these penalties depend on the specific breach and the regulatory framework in place. Additionally, non-compliance with ADs can result in the grounding of aircraft, which poses a serious safety risk and can lead to enforcement actions by CASA. The issuing of ADs under the Convention on International Civil Aviation underscores the international commitment to aviation safety and the need for consistent regulatory measures across jurisdictions.