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.
The EASA has issued AD 2009-0064 affecting Airbus A330 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/A330/100, which will become effective on 7 May 2009.
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 Parliament of Australia, serves as the primary legislation governing civil aviation in Australia. It provides the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft within Australian airspace. The Act empowers the Governor-General to make regulations, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The problem or gap this Act addresses is the need for a cohesive and enforceable framework to maintain the safety and airworthiness standards of aircraft operating in Australian airspace, in line with international obligations under the Convention on International Civil Aviation. The policy objective is to ensure the safety of air navigation and the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. The issuing of ADs aligns with international standards set by the International Civil Aviation Organization (ICAO), specifically Annex 8, which mandates the State of Design to maintain continuing airworthiness information. The State of Registry, in this case CASA, is responsible for ensuring the aircraft's compliance with these directives. For instance, following an AD issued by the European Aviation Safety Agency (EASA) concerning Airbus A330 series aeroplanes, CASA assessed the directive and issued its own AD, which will take effect from 7 May 2009. This regulatory process adheres to Australia's obligations under the Convention on International Civil Aviation, thereby obviating the need for public consultation and a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments (section 6 of the Legislative Instruments Act 2003).
Under these regulations, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must then assess this information and, if appropriate, issue an Australian AD to enforce the requirements. This process ensures that the continuing airworthiness of aircraft is maintained according to international standards.
The obligations imposed by these provisions include the responsibility of CASA to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. This ensures compliance with international standards and the maintenance of airworthiness of aircraft registered in Australia. Furthermore, the State of Design, in this case France, must provide information to CASA regarding the airworthiness of Airbus A330 series aeroplanes, which CASA must then evaluate and act upon accordingly.
Breaching the requirements set out in these regulations can lead to significant civil and criminal consequences. While specific penalties are not detailed in the provided text, it is known that failure to comply with ADs can result in serious safety risks, including potential grounding of aircraft. The maximum penalties for non-compliance can include substantial fines and imprisonment, reflecting the critical nature of air safety regulations. The adherence to these directives is paramount to maintaining the high safety standards required in civil aviation.