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 2009-0150 affecting Airbus A330 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/A330/107, which will become effective on
24 September 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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. One of its key provisions allows the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which serve as a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind these regulations is to maintain and enhance the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation and its Annexes, ensuring alignment with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, with particular focus on the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs, and CASA, as Australia’s national airworthiness authority, must assess these directives and issue corresponding Australian ADs if appropriate. This process ensures that the requirements of the State of Design are met within Australia, adhering to international standards.
Key Provisions
The key operative sections of this legislation revolve around the issuance and implementation of airworthiness directives (ADs) as stipulated in section 98 of the Civil Aviation Act 1988 (section 98) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001). The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments, necessitating their review under the Legislative Instruments Act 2003 (section 6). This means that ADs hold legislative force and are subject to disallowance if not properly authorised.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily focus on ensuring the continuing airworthiness of aircraft. The State of Design, in this case, France for Airbus A330 series aeroplanes, has the overarching responsibility for maintaining airworthiness as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The State of Registry, which in this instance is Australia, must develop or adopt the requisite measures to ensure the ongoing airworthiness of the aircraft. The AD issued by CASA, AD/A330/107, will become effective on 24 September 2009, thereby mandating specific compliance requirements for the A330 series aeroplanes registered in Australia.
Failure to comply with the requirements outlined in the ADs may result in significant legal consequences. Although specific offences and penalties are not detailed in the provided text, general provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 imply that non-compliance could lead to enforcement actions by CASA. Such actions might include fines, suspension or revocation of aircraft operating certificates, or other administrative measures designed to enforce adherence to safety regulations. Additionally, serious breaches could potentially lead to criminal charges, depending on the severity and nature of the non-compliance. Given the critical nature of aviation safety, regulatory bodies have stringent measures in place to ensure that all parties adhere to the mandated safety standards.