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 first Airbus Industrie A330 aircraft registered in Australia was registered in 2002. ADs issued in France, the State of Design for the A330, prior to 2002 were not mandated in Australia. In 2009 an aircraft manufactured in 2000 was registered in Australia. CASA has identified twenty-eight ADs issued in France but not mandated in Australia that might be relevant to the A330 aircraft manufactured in 2000. CASA has decided to issue Australian AD/A330/112 to mandate these twenty-eight French ADs. AD/A330/112 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, enacted by the Australian Parliament, provides a legislative framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations that are in the interests of the safety of air navigation, thereby addressing the need for a robust legal structure to govern civil aviation activities. Under this legislative authority, the Civil Aviation Safety Regulations 1998 were formulated, which include provisions for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are instrumental in ensuring that aircraft and aeronautical products meet necessary safety standards, and they are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to harmonise Australia's approach to airworthiness with international standards, as outlined in the Convention on International Civil Aviation, thereby enhancing safety and regulatory alignment with other contracting states.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, and these directives are legislative instruments as per the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry, which in Australia's case is CASA. When an aircraft type registered in Australia is subject to an AD from its State of Design, CASA is mandated to evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The issuance of ADs, such as AD/A330/112 for the Airbus A330, is driven by international obligations under the Convention on International Civil Aviation and is made without public consultation as it directly responds to ADs from the aircraft’s State of Design.
Key Provisions
The key operative sections of this legislation revolve around the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Governor-General has the authority to make regulations to ensure the safety of air navigation, while CASA can issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments and thus legislative instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by this Act primarily concern the continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing this information and, if deemed necessary, issuing an Australian AD to enforce the requirements from the State of Design. This is particularly relevant for aircraft like the Airbus Industrie A330, where CASA has to ensure compliance with ADs issued by the State of Design, France, and mandate them in Australia.
Failure to comply with ADs can lead to serious legal consequences. While the specific penalties are not detailed in the provided text, non-compliance with ADs generally results in civil or criminal penalties, which could include fines or imprisonment, depending on the severity of the breach and the specific regulations involved. It is important for operators and owners of affected aircraft to adhere to these directives to avoid any legal repercussions.
It is noteworthy that this AD was issued under specific international obligations and in response to directives from the State of Design, which exempted it from public consultation and the requirement for a Regulatory Impact Statement. This AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Act, ensuring that the directive is issued within the legal framework provided by the Civil Aviation Act 1988.