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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/A330/106 affecting Airbus Industrie A330 series aeroplanes. The EASA issued AD 2010-0021 on 9 February 2010 which supersedes the requirements of AD/A330/106 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these aircraft. The cancellation will become effective on 23 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs), in the interest of the safety of air navigation. This legislative instrument is an example of such regulation, specifically addressing the continuing airworthiness of aircraft by mandating compliance with directives issued by the State of Design. The Civil Aviation Safety Regulations 1998 further detail the process, empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and review processes under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The policy objective is to align Australian aviation safety standards with international norms, as stipulated by the International Civil Aviation Organization (ICAO) and reflected in Annex 8 of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation in Australia. These ADs are legislative instruments, issued in accordance with section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The State of Registry for an individual aircraft, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and must issue corresponding ADs when the State of Design issues relevant directives. This regulatory framework extends to all aircraft types registered in Australia and their manufacturers or operators, ensuring compliance with international standards set by ICAO under Annex 8 to the Convention on International Civil Aviation. The application of these regulations is not restricted by geographic or jurisdictional boundaries within Australia, covering both domestic and international operations as necessary. Notably, ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issue of airworthiness directives (ADs) are found in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) may issue ADs for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. The State of Design is responsible for providing information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry, while the State of Registry is responsible for the continuing airworthiness of an individual aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In terms of obligations and requirements, the State of Design must provide any information necessary to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Annex 8 also outlines the responsibilities of the State of Registry regarding the continuing airworthiness of an individual aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD may result in a number of civil and criminal consequences, including fines and imprisonment. The maximum penalties for breach of an AD are not explicitly stated in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, under section 94(1) of the Act, an AD is made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA. It is therefore likely that failure to comply with an AD may result in fines and imprisonment under the relevant sections of the Act and Regulations. Additionally, CASA may take enforcement action against any person or entity that fails to comply with an AD, including the imposition of fines or the revocation of an aircraft's certificate of airworthiness.