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-2007-29 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-600/91, which will become effective on 31 January 2008.
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 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 regulate civil aviation within Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for these purposes, with the objective of maintaining high safety standards in the aviation industry. The Civil Aviation Safety Regulations 1998 further outline the processes and requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are critical for maintaining the airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. CASA issues these directives based on assessments of information provided by the aircraft's State of Design, ensuring that Australian aircraft comply with international safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorized under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued to mandate requirements stemming from international obligations under the Convention on International Civil Aviation, particularly concerning continuing airworthiness. The ADs are legislative instruments that must be assessed by CASA when issued by the State of Design, such as Transport Canada for the Bombardier CL-600-2B19 model aircraft, and subsequently, if necessary, CASA issues its own Australian ADs to enforce these safety requirements. These regulations apply nationally within Australia and align with international standards set by ICAO Contracting States. The scope of these directives is primarily concerned with ensuring that aircraft registered in Australia meet international safety standards, and as such, they do not require public consultation or a Regulatory Impact Statement. CASA issues these directives in accordance with the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations for air navigation safety, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. An AD serves as a critical means for ensuring the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Under this legislative framework, the State of Design, which is the country where an aircraft type is designed, holds primary responsibility for its airworthiness and must furnish necessary information to the State of Registry. The latter, typically the country where the aircraft is registered, is tasked with implementing requirements to ensure the aircraft's ongoing airworthiness. For instance, when Transport Canada issued AD CF-2007-29 concerning Bombardier CL-600-2B19 model aircraft, CASA assessed the directive and issued Australian AD/CL-600/91, which was set to take effect on 31 January 2008. Given that this AD stems from Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required, and the Office of Best Practice Regulation confirmed that a Regulatory Impact Statement was unnecessary.
The issuance of ADs is governed by the Act, specifically under subsection 84A(2), which mandates that such directives be made by authorised personnel within CASA. For example, the AD/CL-600/91 was issued by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA. This ensures that ADs are issued in a manner that adheres to the legislative requirements and maintains the high safety standards expected in civil aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are clear: the State of Design must communicate necessary information to ensure airworthiness, while the State of Registry must implement the requisite measures. Failure to comply with these regulations can lead to serious consequences, although specific penalties are not detailed in the text. However, it is clear that non-compliance with ADs could result in civil or criminal penalties, reflecting the stringent nature of air safety regulations.