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 2009-0195 affecting Airbus A330 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/108 which will become effective on 7 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 Best Practice Regulation 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 Commonwealth Parliament, serves as the primary legislation governing civil aviation safety in Australia. Its purpose is to ensure the safety of air navigation and to establish a robust regulatory framework for civil aviation activities. Under this Act, the Civil Aviation Safety Regulations 1998 were created to further detail the safety requirements for aircraft and aeronautical products. One of the significant tools provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to maintain the airworthiness of aircraft. The Civil Aviation Act 1988 and its subsidiary regulations are integral in fulfilling Australia’s commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed within Australia or other contracting states.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003. The ADs are critical for ensuring the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for Airbus A330 series aircraft, has the primary responsibility for issuing ADs, while the State of Registry, in this case CASA, must assess and potentially issue corresponding Australian ADs. This regulatory framework ensures that all aircraft on the Australian Register meet necessary safety standards, aligning with international obligations and conventions. The issuance of such directives does not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies this process, ensuring that ADs are recognised as official instruments for maintaining airworthiness.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to actively assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This process ensures that the continuing airworthiness of aircraft registered in Australia aligns with international standards. Specifically, under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to maintain airworthiness, and the State of Registry must implement or adopt the appropriate requirements. CASA’s role involves evaluating ADs from the State of Design, such as those from the European Aviation Safety Authority (EASA) on behalf of France for Airbus A330 series aircraft, and subsequently issuing an Australian AD, such as AD/A330/108, to enforce these requirements domestically.
Failing to comply with ADs can result in severe consequences. Non-compliance with an AD may lead to the grounding of an aircraft or the prohibition of its operation, which could incur significant penalties. The Civil Aviation Safety Regulations 1998 outline various offences and penalties for breaches, including fines and imprisonment, although the specific penalties are not detailed in the text provided. Such regulations underscore the importance of adhering to ADs to maintain safety standards in civil aviation. Additionally, as ADs are issued to fulfil international obligations and in response to directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement, streamlining the process while maintaining stringent safety protocols.