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 2006-0129 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/13, Amendment 4, which will become effective on 21 December 2006. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. One significant component of this Act is its provision for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made by the Civil Aviation Safety Authority (CASA) to mandate specific safety requirements for aircraft or aeronautical products. The objective of these regulations is to align with Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types, which is the responsibility of the State of Design. CASA, as Australia's national airworthiness authority, ensures compliance with these international standards by issuing corresponding ADs when necessary. The process for creating these directives does not typically involve public consultation, and they are not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. Specifically, under regulation 39.001, CASA has the authority to issue these directives when required, and subregulation 39.001(5) stipulates that such directives are disallowable instruments under the Acts Interpretation Act 1901, classifying them as legislative instruments. The ADs are typically issued in response to the directives issued by the State of Design or as a result of Australia's obligations under international conventions. For instance, CASA issued AD/A330/13, Amendment 4, following the evaluation of an AD issued by the European Aviation Safety Authority (EASA) concerning Airbus A330 aircraft. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory authority is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations that are in the interests of air navigation safety. Furthermore, subregulation 39.001(5) stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In compliance with the requirements set forth by the Civil Aviation (Safety) Regulations 1998, the State of Registry, in this case, CASA, must ensure the continuing airworthiness of the aircraft types registered in Australia. This obligation stems from Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overarching responsibility for the airworthiness of an aircraft type. When the State of Design, such as France for Airbus A330 aircraft, issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the ADs issued by CASA may result in severe consequences. Non-compliance with an AD can be considered a breach of the Civil Aviation (Safety) Regulations 1998, potentially leading to both civil and criminal penalties. Civil penalties can include fines and other sanctions imposed by CASA, while criminal penalties can involve imprisonment, depending on the severity and frequency of the breach. These penalties are designed to enforce adherence to safety regulations and protect public safety in air navigation.
The AD in question, AD/A330/13, Amendment 4, has been issued in response to AD 2006-0129 from the European Aviation Safety Authority (EASA). Given that it is issued under Australia's obligations to the Convention on International Civil Aviation and in response to a directive from the relevant State of Design, no public consultation has been required. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive adheres to the established legislative framework.