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 European Aviation Safety Authority (EASA) has issued AD 2009-0138 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/103, which will become effective on 27 August 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety of air navigation in Australia, with a particular emphasis on the continuing airworthiness of aircraft. Section 98 of this Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of the safety of air navigation. This legislative basis allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as a crucial mechanism for communicating necessary safety information and requirements to ensure that aircraft remain airworthy throughout their operational lives, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest standards of safety in civil aviation, both domestically and in accordance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in accordance with the Civil Aviation Act 1988. This regulatory framework is integral to the continuous airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. ADs serve as the primary mechanism for disseminating continuing airworthiness information, with CASA mandated to issue Australian ADs when necessary to comply with directives from the State of Design, such as the European Aviation Safety Authority (EASA) for the Airbus A330 model. The process of issuing these directives is governed by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which classify ADs as disallowable instruments and legislative instruments, respectively. The issuance of ADs does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is authorised by the Manager Initial Airworthiness within CASA’s Airworthiness and Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and in particular section 98, empowers the Governor-General to create regulations for air navigation safety, which is a fundamental aspect of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that require compliance, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant, particularly for the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with Annex 8.
Failure to comply with these ADs may result in significant legal consequences. Although no public consultation is required for ADs issued under Australia’s obligations to the Convention on International Civil Aviation, and no Regulatory Impact Statement is needed, any breach of these requirements can lead to enforcement actions by CASA. The specific penalties for non-compliance are not detailed in the provided text, but such breaches are likely to be considered serious matters under aviation law, potentially leading to criminal or civil penalties as prescribed by the Civil Aviation Act 1988 and associated regulations. These consequences underscore the importance of adhering to the ADs issued by CASA to ensure the safety and airworthiness of aircraft operating within Australia.