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.
EASA has issued AD 2009-0202-E affecting Airbus A330 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/109 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, 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 was enacted to provide a legislative framework for civil aviation safety and regulation in Australia. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to address safety issues related to aircraft or aeronautical products. In line with international obligations under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for an aircraft type's continuing airworthiness, and ADs serve as a crucial mechanism for disseminating necessary information. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design.
This legislative approach ensures that Australia meets its international obligations while maintaining stringent safety standards for aircraft registered within its territory. The ADs issued under this framework are critical in maintaining the safety and airworthiness of aircraft, and their issuance is a direct response to international directives and domestic safety requirements. As such, these regulations do not require public consultation or a Regulatory Impact Statement, reflecting the urgent and internationally coordinated nature of aviation safety measures. The ADs are created by authorised personnel within CASA, ensuring compliance with the legislative provisions outlined in the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under section 98 of the former and regulation 39.001 of the latter, with the Australian Civil Aviation Safety Authority (CASA) having the authority to issue these directives. An AD is a legislative instrument subject to disallowance and review under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. The legislation applies to the State of Registry of an aircraft, which is responsible for ensuring the continuing airworthiness of individual aircraft, and the State of Design, which holds overall responsibility for the airworthiness of an aircraft type. In Australia, CASA acts on behalf of the State of Registry, ensuring compliance with international obligations under the Convention on International Civil Aviation. ADs are issued in response to continuing airworthiness concerns identified by the State of Design, and no public consultation is required as they are based on international obligations and assessments. The ADs themselves are issued by CASA, specifically by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations that ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft and are commonly used by International Civil Aviation Organization (ICAO) Contracting States, including Australia.
The obligations under this Act and the associated regulations primarily fall on CASA as the national airworthiness authority. When the State of Design, such as France for Airbus A330 series aircraft, issues an AD, CASA is responsible for assessing the information provided and issuing an Australian AD if necessary. This ensures that all aircraft registered in Australia comply with international standards and Australian requirements. The State of Registry, in this case, CASA, must ensure that the continuing airworthiness of the aircraft is maintained by implementing the AD requirements.
Failure to comply with an AD can result in significant legal consequences. The Civil Aviation Act 1988 and associated regulations impose strict requirements on aircraft operators and owners to adhere to ADs. Non-compliance can lead to enforcement actions, including the suspension or revocation of the aircraft’s certificate of airworthiness. This could result in the aircraft being grounded until the required actions are taken. Additionally, civil penalties may apply, and in severe cases, criminal charges could be brought against individuals responsible for the non-compliance. The maximum penalties for such breaches can include substantial fines and imprisonment, depending on the severity of the violation and the specific provisions of the Act.