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 DGAC has issued AD F-2005-195 affecting Airbus Model A330 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/22, Amendment 1, which will become effective on 31 January 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, New Technologies and Systems , 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, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation to ensure safety and efficiency. The Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to implement measures necessary for air navigation safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for issuing airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. An airworthiness directive is a legislative instrument, issued by CASA to mandate requirements from the State of Design to ensure continuing airworthiness of aircraft registered in Australia. In line with international obligations under the Convention on International Civil Aviation, CASA issues these directives to harmonise with international standards and practices, thereby ensuring the safe operation of aircraft in Australian airspace. This legislative approach ensures that Australian civil aviation practices are aligned with global safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the authority for the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, ensuring the ongoing safety of air navigation within Australia. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to maintain airworthiness standards. An AD becomes a legislative instrument under the Legislative Instruments Act 2003, thereby requiring compliance as per the Acts Interpretation Act 1901. The ADs are integral to the continuing airworthiness requirements outlined in Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the airworthiness of aircraft types on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design by assessing the information and, if necessary, issuing an Australian AD to enforce the requirements for aircraft registered in Australia. This process ensures that all aircraft in Australia adhere to internationally recognised safety standards, as exemplified by AD/A330/22, Amendment 1, issued in response to a French AD affecting Airbus A330 aircraft.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003.
Obligations under these regulations primarily rest on CASA and the State of Registry of the aircraft. CASA, as Australia’s national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and to issue corresponding Australian ADs if necessary to maintain the continuing airworthiness of aircraft registered in Australia. The State of Registry must ensure that the aircraft it registers maintains its airworthiness in accordance with the requirements set forth by CASA or by the State of Design through the issued ADs. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide the necessary information to the States of Registry to help them ensure airworthiness.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act includes provisions for both civil and criminal penalties. For civil penalties, subsection 84A(3) stipulates that CASA can impose penalties for non-compliance. The maximum penalty for individuals is generally outlined in the regulations and can include significant fines. For corporations, the penalties can be even more severe, sometimes reaching hundreds of thousands of dollars depending on the severity and frequency of the offence. Additionally, criminal liability can be imposed, leading to prosecution that may result in imprisonment, particularly if the non-compliance has led to serious safety incidents or fatalities.