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-2007-17 affecting Bombardier CL-600-2B19 aeroplanes. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/89 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to address the need for robust regulatory frameworks to ensure the safety of air navigation and civil aviation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, thereby establishing a comprehensive legal basis for aviation safety measures. Complementing the Act are the Civil Aviation Safety Regulations 1998, which provide detailed operational guidelines and mechanisms for maintaining airworthiness standards. Under this regulatory structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives, which are legislative instruments under the Acts Interpretation Act 1901, serve as critical tools for ensuring the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of the State of Registry, issues these directives to align with the obligations of the State of Design, thereby fulfilling Australia’s international commitments and ensuring the safety and reliability of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia. The Act applies to the Governor-General who, under section 98, has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having overarching responsibility and the State of Registry being accountable for individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design. For instance, following Transport Canada's issuance of AD CF-2007-17 for Bombardier CL-600-2B19 aeroplanes, CASA issued Australian AD/CL-600/89, effective from 22 November 2007. This process, mandated by international obligations, does not require public consultation or a Regulatory Impact Statement. The AD is issued by the Manager, Systems in the Airworthiness Engineering Branch of CASA, under the authority granted by subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are sections 98 and 39.001, respectively. Section 98 allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework ensures that safety measures are implemented and enforced in the aviation sector, maintaining high standards of airworthiness and safety.
Under these provisions, CASA has a critical role in ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all aircraft registered in Australia comply with international safety standards, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case Transport Canada, has issued AD CF-2007-17 for Bombardier CL-600-2B19 aeroplanes, which CASA has assessed and subsequently issued as Australian AD/CL-600/89. This directive will become effective on 22 November 2007.
The obligations and requirements imposed by these regulations are primarily on CASA and the States of Registry. CASA must rigorously assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. These ADs are legislative instruments under the Legislative Instruments Act 2003, meaning they carry the force of law. States of Registry are responsible for the ongoing airworthiness of their aircraft and must develop or adopt requirements to ensure compliance with ADs. This regulatory approach ensures a coordinated international effort to maintain the highest safety standards in civil aviation.
Breaching the provisions of these ADs can result in serious consequences. Failure to comply with an AD can lead to the grounding of the aircraft, which in turn can affect flight operations and passenger safety. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance through various means, including fines and other penalties. While the maximum penalties are not explicitly stated in the provided text, they can include substantial fines and, in severe cases, criminal charges. The seriousness of non-compliance underscores the importance of adhering to ADs to ensure the safety and integrity of the aviation industry.