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-2007-23 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-600/90, which will become effective on 20 December 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 Acting 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 was enacted to establish a regulatory framework ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations that safeguard the safety of air navigation. The Act addresses the need for a cohesive and authoritative legislative basis for civil aviation, which was lacking in prior regulatory arrangements. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain airworthiness standards. This legislative mechanism was introduced to align Australia's aviation safety practices with international standards set by the International Civil Aviation Organization (ICAO), particularly concerning continuing airworthiness. The policy objective is to ensure that Australian aircraft meet stringent safety standards, thereby protecting public safety and facilitating international air travel.
Scope and Application
The Civil Aviation Act 1988, coupled with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Under regulation 39.001, CASA has the authority to issue ADs concerning specific types of aircraft or aeronautical products, with these directives being legislative instruments subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly those of the State of Design and State of Registry. In the instance of Transport Canada issuing AD CF-2007-23 for Bombardier CL 600-2B19 aeroplanes, CASA has issued a corresponding Australian AD/CL-600/90, effective from 20 December 2007. These directives are made without public consultation and without the need for a Regulatory Impact Statement, reflecting their technical nature and the urgency often required in aviation safety measures.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that is globally governed under Annex 8 to the Convention on International Civil Aviation.
The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide all necessary information to ensure the continuing airworthiness of that type to the States of Registry. These States of Registry, in turn, are obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdictions. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, is required to evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. This process is exemplified by AD CF-2007-23 issued by Transport Canada concerning Bombardier CL 600-2B19 aeroplanes, which CASA has assessed and translated into Australian AD/CL-600/90.
The obligations imposed by these regulations are multifaceted and demand rigorous compliance from both CASA and the States of Registry. CASA must meticulously assess foreign ADs and, if necessary, issue corresponding Australian ADs to ensure the safety standards are upheld. Similarly, States of Registry must implement and enforce the airworthiness requirements stipulated in these directives. These obligations are integral to maintaining the safety and reliability of aircraft operating within Australia’s airspace. The absence of public consultation on such ADs is justified by their international regulatory nature and the imperative to swiftly address safety issues as mandated by the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also outline the potential consequences for non-compliance with ADs. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the provided text, it is clear that such non-compliance could lead to significant ramifications. These may include administrative, civil, or even criminal penalties, as the overarching aim is to ensure the highest standards of safety in air navigation. The regulatory framework, thus, imposes a strict liability regime, wherein adherence to ADs is not merely a recommendation but a mandatory requirement to safeguard public safety.