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.
CASA issued AD/CL-600/9 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and 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, addresses the overarching governance of civil aviation in Australia. This Act provides the legislative framework for ensuring the safety and efficiency of civil aviation activities within the country. One significant aspect of the Act is its provision for the creation of regulations to ensure the safety of air navigation, as illustrated by the Civil Aviation Safety Regulations 1998. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make such regulations in the interests of safety. The Civil Aviation Safety Regulations 1998, in turn, delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective behind these provisions is to ensure that Australian civil aviation maintains high safety standards, both domestically and in alignment with international norms.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). This legislation applies to aircraft operators, manufacturers, and other entities involved in the design, production, and maintenance of aircraft, ensuring that they adhere to safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia, and CASA is mandated to issue corresponding Australian ADs when necessary, reflecting international standards set by the International Civil Aviation Organization (ICAO). The geographic scope of this legislation is national, with CASA acting as Australia’s authority for airworthiness. There are no stated exclusions or exemptions in the context of this particular AD cancellation, which pertains to the Bombardier (Canadair) CL-600 (Challenger) series aeroplanes. The AD cancellation was made without public consultation as it reduces regulatory burden, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in section 98, allows the Governor-General to create regulations for air navigation safety. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and consequently, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the ongoing airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the design of an aircraft, is tasked with providing necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry, which include Australia. CASA, as Australia's national airworthiness authority, must review and, if deemed necessary, issue Australian ADs that mandate the requirements specified by the State of Design. This ensures compliance with international standards and the safety of air navigation.
CASA has issued AD/CL-600/9 in 1983, affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes. Following a review, CASA has decided to cancel this AD, effective from 19 November 2009, as the original unsafe condition no longer exists. No replacement AD is necessary under these circumstances. The cancellation does not require consultation with the Australian public or a Regulatory Impact Statement, as it reduces the regulatory burden.
Issuing airworthiness directives involves specific obligations for CASA, which must ensure that the ADs issued are compliant with international standards and effective in mitigating safety risks. Failure to comply with these directives can result in civil or criminal penalties, depending on the severity of the breach and the impact on aviation safety. The specific consequences and penalties for non-compliance are determined by the regulations governing civil aviation and may include fines or other sanctions for individuals or entities that do not adhere to the ADs.