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 EASA has issued AD 2006-0133 affecting Airbus A330 model aircraft. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/13, Amendment 5, which will become effective on 5 July 2007. 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 Acting 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 comprehensive legal framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), to ensure the safety of air navigation as stipulated in section 98. The Civil Aviation Safety Regulations 1998 further elaborate on this by granting the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. The policy objective underpinning these provisions is to harmonise Australia's aviation safety regulations with international standards, particularly those set by the International Civil Aviation Organization (ICAO), to ensure the continuing airworthiness of aircraft and the safety of air navigation. The ADs serve as a critical tool in fulfilling these objectives, enabling CASA to mandate requirements derived from ADs issued by States of Design, such as the European Aviation Safety Agency (EASA), which have identified safety issues with specific aircraft types.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, in line with the Civil Aviation Act 1988. These ADs are legislative instruments and are designed to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, including Australia, where CASA assesses and issues corresponding ADs to enforce these requirements. This specific AD, AD/A330/13, Amendment 5, is issued in response to AD 2006-0133 by the European Aviation Safety Agency (EASA) concerning Airbus A330 model aircraft, with EASA being the State of Design. The AD will become effective on 5 July 2007 and replaces the previous version, reflecting Australia's commitment to international safety standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a legislative instrument under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, in this case the European Aviation Safety Agency (EASA), has the responsibility to issue ADs for aircraft types, and CASA must then assess and, if appropriate, issue corresponding Australian ADs. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of both the State of Design and the State of Registry for ensuring the continuing airworthiness of aircraft.
The obligations imposed by these regulations on CASA and the State of Registry include the assessment and implementation of ADs issued by the State of Design. CASA must review the ADs issued by EASA and, if they determine that the ADs are necessary for the safety of Australian-registered aircraft, they must issue equivalent Australian ADs. These ADs must be complied with by aircraft operators and other relevant parties. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes implementing the requirements set out in ADs.
Breach of the requirements outlined in ADs can lead to significant consequences. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA. Civil penalties for non-compliance can include fines, and in severe cases, criminal charges may be pursued. The maximum penalties for breaches of the Civil Aviation Act 1988 can include substantial fines and imprisonment. Additionally, aircraft operators who fail to comply with ADs may face operational restrictions, grounding of their aircraft, and potential legal liability in the event of an incident or accident. The seriousness of these consequences underscores the importance of strict adherence to ADs for the maintenance of aviation safety.