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.
The Transport Canada has issued AD CF-2007-18 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-600/88, which will become effective on 22 November 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 Best Practice Regulation 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 Branch, 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 governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, to maintain the safety of air navigation as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for issuing such directives under regulation 39.001, and subregulation 39.001(5) clarifies that these directives are legislative instruments subject to disallowance and oversight by the Legislative Instruments Act 2003. The policy objective is to align Australian regulations with international standards set by the Convention on International Civil Aviation, particularly ensuring the continuing airworthiness of aircraft registered in Australia. The issuing of airworthiness directives by the Civil Aviation Safety Authority (CASA) under these regulations addresses the need for a coordinated response to international safety concerns, as seen in the issuance of Australian AD/CL-600/88 in response to Transport Canada’s AD CF-2007-18.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a legislative instrument and serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation. The issuance of ADs is based on the assessment of directives issued by the State of Design, which is responsible for the overall airworthiness of an aircraft type. In the case of the Bombardier CL-600-2B19 model aircraft, the Transport Canada issued an AD, prompting CASA to issue an Australian AD, effective from 22 November 2007. As these directives are made in response to international obligations and are technical in nature, there is no requirement for public consultation or a Regulatory Impact Statement. The ADs are issued by CASA in accordance with the Civil Aviation Act 1988, reflecting Australia's commitment to international safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework through which airworthiness directives (ADs) are issued and enforced within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are primarily on CASA as the national airworthiness authority. CASA must assess any ADs issued by the State of Design of an aircraft type and, if appropriate, issue corresponding Australian ADs to ensure compliance with international standards. The State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of aircraft registered in Australia by adopting or developing the necessary requirements. The State of Design, such as Transport Canada in this case, is responsible for providing the necessary information to ensure the continuing airworthiness of aircraft types it designs. CASA's role is to evaluate and, if necessary, mandate these requirements through Australian ADs.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that failing to comply with ADs can result in severe legal ramifications. Such breaches can compromise the safety of air navigation, potentially leading to civil or criminal penalties. The exact penalties are not specified in the text but generally, under aviation legislation, violations can lead to substantial fines and imprisonment, reflecting the critical nature of maintaining airworthiness standards.