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-2008-01 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for this aeroplane CASA has assessed this AD and has issued Australian AD/CL600/99, which will become effective on 3 July 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 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, provides a framework for ensuring the safety of air navigation within the country. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and one of these regulations is the requirement for the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, which were also made under the authority of the Civil Aviation Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments and, as such, are subject to disallowance by the Parliament. The policy objective behind these regulations is to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. This approach ensures that aircraft meet necessary safety standards and that Australia fulfills its international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, 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 legislative instruments and are made in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design for an aircraft type has the overarching responsibility for its continuing airworthiness. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia, and when a State of Design issues an AD, CASA may issue a corresponding Australian AD. For instance, following an AD issued by Transport Canada for Bombardier CL600 series aeroplanes, CASA has issued Australian AD/CL600/99 to be effective from 3 July 2008. Given that these directives are a response to international obligations and are not subject to public consultation, they do not require a Regulatory Impact Statement. The AD in question was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under subregulation 39.001(5) and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This process ensures that ADs are meticulously crafted to align with the overarching goal of maintaining aviation safety as per Annex 8 to the Convention on International Civil Aviation.
The obligations under the Act and associated regulations require the State of Design to take primary responsibility for the continuing airworthiness of aircraft types and provide necessary information to States of Registry. For Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. This is illustrated in the case of the Bombardier CL600 series aeroplanes, where Canada, as the State of Design, issued AD CF-2008-01, which CASA assessed and subsequently issued as Australian AD/CL600/99, effective from 3 July 2008.
Given that ADs are issued under Australia's international obligations and in response to directives from the State of Design, there is no requirement for public consultation as per regulatory standards. Furthermore, the Office of Best Practice Regulation has determined that these ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that safety measures are swiftly implemented without undue delays. The ADs are authorised under subsection 84A(2) of the Act and are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA.
The Civil Aviation Safety Regulations 1998 and associated legislative instruments do not explicitly outline specific offences, penalties, or consequences for breaches of ADs within the text provided. However, non-compliance with ADs can lead to severe civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA enforces these regulations rigorously to ensure that all stakeholders adhere to the mandated safety standards.