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 issued CF-2008-16R1 affecting Bombardier CL-600-1A11,
CL-600-2A12 and CL-600-2B16 aircraft. Canada is the State of Design for these aircraft types. As a result of the revision to Transport Canada AD CF-2008-16, CASA has amended the equivalent Australian AD to AD/CL-600/98 Amdt 1. The amended AD will become effective on 6 October 2008. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia and its territories. The Act establishes the Civil Aviation Authority (now known as the Australian Civil Aviation Safety Authority, or CASA) as the national authority responsible for the regulation of civil aviation safety and security. In line with the policy objective of maintaining the highest standards of air safety, the Act empowers CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring that aircraft meet the required safety standards. These directives are essential for addressing safety issues and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). This legislation plays a crucial role in managing the continuing airworthiness of aircraft registered in Australia, thereby safeguarding public safety in the skies.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertains to the issuance of airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. The Act and its regulations apply to all aircraft registered in Australia, as well as to any aeronautical products used in Australian airspace. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with these directives being legislative instruments as defined by the Legislative Instruments Act 2003. The ADs serve to mandate specific requirements for the continuing airworthiness of aircraft, ensuring compliance with international standards set out by the International Civil Aviation Organization (ICAO). The scope of these directives extends to both the State of Design, which has the primary responsibility for the airworthiness of an aircraft type, and the State of Registry, which must ensure the ongoing airworthiness of individual aircraft. The application of these ADs is necessitated by Australia’s obligations under the Convention on International Civil Aviation, and they are issued in direct response to equivalent directives from the relevant State of Design. No public consultation is required for these ADs, and they do not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). Section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The Act and the Regulations impose several obligations and requirements on the parties involved. The State of Design, which is the country where the aircraft type is designed, bears the overall responsibility for the continuing airworthiness of the aircraft type, including providing necessary information to the States of Registry. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
Breach of the requirements set out in an AD may lead to several consequences. The Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs. However, the broader Civil Aviation Act 1988 and other aviation regulations may impose sanctions, including fines and potential imprisonment for serious violations that compromise safety. Operators of aircraft failing to comply with an AD could also face operational restrictions or be subject to enforcement actions by CASA, which could include grounding of the aircraft until compliance is achieved. The specific penalties and consequences would depend on the nature and severity of the non-compliance, as well as the provisions of other applicable legislation.