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-2008-09 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-600/95, which will become effective on
21 February 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, enacted by the Australian Parliament, serves as the foundational statute governing civil aviation in Australia. It provides a legislative framework to ensure the safety, efficiency, and orderly development of civil aviation. The Act addresses the need for comprehensive regulations to manage the complexities of air navigation and aircraft operations, aiming to protect the public and maintain the safety of air travel. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which include provisions for issuing airworthiness directives (ADs) to ensure aircraft remain in a safe condition for operation. ADs are critical instruments that mandate actions to be taken to maintain airworthiness, aligning with international standards set by the International Civil Aviation Organization (ICAO). This legislation ensures that Australia meets its obligations under international conventions, while also maintaining high safety standards domestically.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In response to Transport Canada's AD CF-2008-09 affecting Bombardier CL-600-2B19 model aircraft, CASA has issued Australian AD/CL-600/95, which will take effect on 21 February 2008. Due to the international obligations and the nature of ADs, no public consultation was required, and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs are formal regulatory instruments that must be followed by the relevant parties.
The obligations imposed by these regulations are primarily on CASA as the national airworthiness authority, and on the State of Registry of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information provided and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards and comply with the continuing airworthiness requirements.
In terms of potential breaches and consequences, the legislation does not explicitly state the offences, penalties, or consequences for non-compliance with ADs. However, non-compliance with ADs can lead to serious safety risks, and CASA has the authority to take enforcement actions against operators who fail to comply with airworthiness directives. Such enforcement actions may include grounding of aircraft, fines, and other regulatory penalties. While the specific penalties are not detailed in the legislation provided, it is understood that failing to comply with ADs can result in significant civil and criminal consequences, reflecting the critical importance of adhering to these safety requirements.
The Australian AD/CL-600/95, issued in response to Transport Canada’s AD CF-2008-09, is an example of how ADs are implemented to maintain airworthiness standards. Because this AD is issued in response to international obligations and an AD from the State of Design, no public consultation has taken place. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act, ensuring the directive follows the necessary internal processes and authority.