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-2007-34 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-600/94, which will become effective on 13 March 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 activities within Australia, providing a legislative framework that ensures the safety and efficiency of air navigation. This Act empowers the Governor-General to establish regulations that align with the interests of aviation safety. As a part of its regulatory framework, the Act authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products, in accordance with the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and are issued by CASA to comply with Australia’s obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that the continuing airworthiness of aircraft registered in Australia is maintained at the highest safety standards, in alignment with international best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of the safety of air navigation, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as defined under the Legislative Instruments Act 2003, and serve to mandate compliance with safety requirements. The State of Design of an aircraft bears the overall responsibility for its continuing airworthiness, while the State of Registry must ensure the aircraft meets the necessary safety standards. In the case of an AD issued by a State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the required safety measures. This process is governed by international obligations under Annex 8 to the Convention on International Civil Aviation and does not typically involve public consultation or the need for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the framework under which airworthiness directives (ADs) can be issued to ensure the safety of aircraft in Australia. Under section 98 of this Act, the Governor-General can make regulations that pertain to the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. It is important to note that these ADs are legislative instruments, as specified in section 46A of the Acts Interpretation Act 1901, and are thus subject to disallowance. Furthermore, under subregulation 39.001(5), ADs are also legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on CASA and other entities are significant and centred around ensuring the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue ADs based on assessments of information provided by the State of Design, which is the country responsible for the design of the aircraft. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft within its jurisdiction. For instance, when Transport Canada issued AD CF-2007-34 for Bombardier CL-600-2B19 model aircraft, CASA assessed the information and issued Australian AD/CL-600/94. This process ensures that all aircraft in Australia meet the required safety standards.
The Civil Aviation Act 1988 and associated regulations do not mandate public consultation for ADs issued in response to international obligations or those issued by the relevant State of Design, as was the case with AD/CL-600/94. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing necessary safety directives. The AD/CL-600/94 was 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, which allows for the issuance of ADs based on safety assessments.
Failure to comply with ADs can lead to serious consequences. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, general aviation laws and regulations in Australia provide for substantial penalties. Non-compliance can result in civil penalties, such as fines, and criminal charges, which may include imprisonment. The severity of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation and the public.