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, the Civil Aviation Safety Authority (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 DGAC of France issued AD 1999-046-091(B) affecting Airbus A330 aircraft. France is the State of Design for the Airbus A330. AD 1999-046-091(B) was issued in 1999 at a time when no Airbus A330 aircraft was registered in Australia. There are now eleven Airbus A330 aircraft registered in Australia that are potentially affected by the French AD. CASA has decided to issue Australian AD/A330/110 to mandate the French AD. AD/A330/110 will become effective on 30 April 2010.
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, 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 legal framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring compliance with international standards and the maintenance of aircraft safety. The issuing of these directives is a legislative instrument under the Legislative Instruments Act 2003, aligning with the obligations set forth in the Convention on International Civil Aviation. The policy objective behind this legislation is to harmonise Australian civil aviation safety regulations with international standards, ensuring the continuing airworthiness of aircraft registered in Australia and protecting public safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they serve to mandate requirements for ensuring the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, which in Australia is represented by CASA, has the responsibility of ensuring that aircraft meet the necessary airworthiness standards. In this context, CASA assesses and, when appropriate, issues Australian ADs to enforce the requirements of ADs issued by the aircraft's State of Design. The application of these regulations is not limited to Australian-registered aircraft but also extends to those registered in Australia that are affected by ADs issued by other ICAO Contracting States.
Key Provisions
Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations for the Act's purposes, particularly in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. As per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry to ensure such airworthiness. ADs are the most common form of continuing airworthiness information, issued by most ICAO Contracting States. The State of Registry, on the other hand, must establish or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When a State of Design issues an AD affecting a type of aircraft on the Australian Register, CASA, as the national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The Director General of Civil Aviation of France issued AD 1999-046-091(B) concerning Airbus A330 aircraft. France is the State of Design for the Airbus A330, and the AD was issued in 1999 when no Airbus A330 aircraft was registered in Australia. However, there are now eleven Airbus A330 aircraft registered in Australia that are potentially affected by the French AD. CASA has decided to issue Australian AD/A330/110 to enforce the French AD, which will become effective on 30 April 2010.
As the AD is issued due to Australia's obligations under the Convention on International Civil Aviation and 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA to assess ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. Failure to comply with these ADs could result in the aircraft being considered unairworthy, which could lead to severe safety consequences and legal liabilities. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, failure to adhere to the regulations could result in enforcement actions, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges in cases of gross negligence or wilful misconduct.