CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC has issued AD F-2005-069 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/13 Amendment 3, which will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards 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, establishes a framework for civil aviation in Australia, ensuring safety and efficiency within the industry. It empowers the Governor-General to create regulations necessary for the safety of air navigation, as demonstrated in the issue of airworthiness directives. Under these provisions, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue such directives for specific aircraft or aeronautical products. This legislative approach aims to uphold the continuing airworthiness of aircraft in line with international standards, specifically as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, when the State of Design issues an airworthiness directive for a type of aircraft registered in Australia, CASA must review and, if necessary, issue a corresponding Australian airworthiness directive to enforce the design state's requirements, thereby fulfilling Australia's obligations under international conventions.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are essential legislative instruments designed to ensure the safety of air navigation. They are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs serve to address continuing airworthiness concerns and are mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation. For instance, following an AD issued by the French DGAC concerning the Airbus A330 model aircraft, CASA has assessed and issued Australian AD/A330/13 Amendment 3 to align with the requirements of the State of Design. This directive becomes effective on 7 July 2005, replacing the previous version. It is pertinent to note that due to the international nature of these directives and the specific obligations under the Convention, no public consultation is required, and a Regulatory Impact Statement is deemed unnecessary by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for the Act, specifically focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and as legislative instruments according to the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to the States of Registry to ensure the aircraft's continued airworthiness.
The obligations under the Act require CASA to evaluate any ADs issued by the State of Design for types of aircraft registered in Australia. If deemed necessary, CASA must issue its own AD to enforce the requirements set forth by the State of Design. This ensures that Australian aircraft meet international safety standards. For instance, following the issuance of AD F-2005-069 by the French DGAC for Airbus A330 models, CASA issued Australian AD/A330/13 Amendment 3, which will become effective on 7 July 2005. This AD cancels and replaces the previous one, reflecting the latest safety requirements.
The Civil Aviation Act 1988 imposes several obligations on parties involved with aircraft. CASA, as Australia’s national airworthiness authority, must rigorously assess ADs from States of Design and, if necessary, issue corresponding Australian ADs. The State of Registry, in this case, CASA, must also ensure compliance with these ADs. Aircraft operators are obligated to adhere to the ADs, making any required modifications or inspections to maintain the aircraft's airworthiness. Failure to comply with these directives can result in severe consequences, including grounding of the aircraft or legal action against the operators.
The Act also outlines potential consequences for non-compliance with airworthiness directives. Breaches of ADs can result in both civil and criminal penalties. For instance, failing to adhere to an AD could lead to fines or imprisonment, as stipulated under various sections of the Civil Aviation Act 1988. Additionally, operators who do not comply with ADs may face sanctions such as suspension or revocation of their air operator’s certificate. These stringent measures are in place to ensure that all aircraft meet the highest safety standards, thereby protecting both passengers and the broader aviation community.