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 issued AD F-2005-067, affecting Airbus A330 aircraft. France is the State of Design for this aeroplane. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A330/20 Amendment 1. The amended AD, AD/A330/20 Amendment 1, will become effective on 4 August 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 - Systems, 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 Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring safety and efficiency within the industry. One significant aspect of this Act is the provision for the issuance of airworthiness directives (ADs), which are crucial for maintaining the continuing airworthiness of aircraft. These ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they are essential in addressing safety concerns identified by the State of Design or State of Registry of an aircraft. The policy objective underpinning these regulations is to harmonise Australia’s aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. By aligning with international standards, Australia ensures that its aviation safety practices are consistent with global benchmarks, thereby protecting passengers and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations for the purposes of the Act, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specified types of aircraft or aeronautical products. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft types and are mandated by Australia's obligations under the Convention on International Civil Aviation, particularly under Annex 8. The State of Registry, which in the case of Australia is CASA, must ensure that ADs issued by the State of Design, such as France in the case of the Airbus A330, are appropriately assessed and, if necessary, adopted as Australian ADs. This ensures that Australian-registered aircraft comply with international safety standards. The issuance of these ADs does not require public consultation as it is a response to international obligations and specific safety concerns, and they do not necessitate a Regulatory Impact Statement according to the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulation is a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to disallowance as per section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to other States of Registry, which must then adopt or develop their own requirements to ensure the ongoing airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue an equivalent Australian AD if necessary. This process ensures that Australian aircraft meet international safety standards.
The obligations of the parties governed by these regulations are clear: the State of Design must issue ADs and provide necessary information to ensure airworthiness, while the State of Registry, in this case CASA, must assess this information and issue Australian ADs as needed. The State of Registry, particularly CASA, must ensure that any ADs issued comply with Australia's obligations under international conventions and domestic legislation. The requirement for CASA to assess and potentially issue Australian ADs ensures that Australian aircraft are subject to the same safety standards as those in other ICAO Contracting States.
Breach of these obligations could lead to significant civil and criminal consequences. Non-compliance with ADs could result in aircraft being deemed unairworthy, leading to grounding and potential fines. Under section 98 of the Civil Aviation Act 1988, non-compliance with regulations can lead to civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations. In severe cases, criminal penalties may apply, with individuals facing imprisonment for up to five years and corporations facing fines of up to $555,000. These penalties underscore the importance of adhering to ADs and the stringent measures in place to enforce compliance.