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 French DGAC has issued AD F-2003-425 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/105, 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. The Act grants the Governor-General the authority to create regulations that safeguard air navigation, and one such regulation is the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are integral to maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) assumes the responsibility of issuing these directives, particularly when responding to ADs issued by the aircraft's State of Design, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. The absence of public consultation and the non-requirement of a Regulatory Impact Statement for these directives underscore their alignment with international regulatory frameworks and the paramount importance of safety in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue these directives under regulation 39.001. These directives apply to specific types of aircraft or aeronautical products to ensure safety in air navigation. They are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they fall under the disallowable instruments category as stipulated in section 46A of the Acts Interpretation Act 1901. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. In cases where an AD is issued by the State of Design, CASA is mandated to assess and, if appropriate, issue an Australian AD. The issuance of ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act, focusing on the safety of air navigation. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument as defined under the Legislative Instruments Act 2003 (section 6) and is subject to disallowance under the Acts Interpretation Act 1901 (section 46A).
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring the continuing airworthiness of aircraft. The State of Design, which is France for Airbus A330 model aircraft, has the responsibility to provide necessary information to maintain airworthiness. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce these requirements. In this case, CASA has issued AD/A330/105, which mandates compliance with the French AD F-2003-425.
The ADs are integral to the Convention on International Civil Aviation and are issued by most ICAO Contracting States, including France. CASA has determined that Australian AD/A330/105, issued in response to the French AD F-2003-425, does not require consultation with the Australian public or a Regulatory Impact Statement, as it stems from Australia's obligations under international conventions. The Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, has made this AD in accordance with section 84A(2) of the Act.
Breaches of these regulations or failure to comply with the ADs can lead to severe consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with ADs can generally result in civil or criminal penalties, including fines and potential grounding of the aircraft. The maximum penalties can vary depending on the severity and frequency of the non-compliance, as well as the risk posed to aviation safety.