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 issued AD 2007-0011 affecting AIRBUS A330 aircraft. The EASA is the State of Design for this aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A330/23 Amendment 2. The amended AD will become effective on 7 June 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 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, establishes the legislative framework for civil aviation in Australia. It aims to ensure the safety and efficiency of civil aviation, including the regulation of airworthiness standards and safety oversight. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed regulatory requirements for aviation safety, including the issuance of airworthiness directives. The Act empowers the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft registered in Australia. The issuance of these directives is in response to international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for the continuing airworthiness of aircraft to their States of Design and Registry. In the case of Airbus A330 aircraft, the European Union Aviation Safety Agency (EASA) issued an airworthiness directive, prompting CASA to amend the equivalent Australian directive, which took effect on 7 June 2007. This legislative instrument was created to align Australian regulations with international standards and ensure the safe operation of aircraft within Australian jurisdiction.
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) concerning specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in line with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, with the State of Design bearing primary responsibility for the airworthiness of an aircraft type and the State of Registry ensuring the ongoing compliance of individual aircraft. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, assesses the information provided by the State of Design and issues corresponding Australian ADs as necessary. The process does not typically involve public consultation, as it adheres to international agreements and is a direct response to directives from the relevant State of Design, such as the European Aviation Safety Agency (EASA) in the case of AIRBUS A330 aircraft. The issuance of these ADs is managed by CASA's Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988.
Key Provisions
The key operative sections of this legislation pertain to the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are issued to maintain the airworthiness of aircraft in compliance with international standards.
The obligations and requirements imposed by this Act are primarily concerned with the safety and airworthiness of aircraft. The State of Design, in this case, the European Aviation Safety Agency (EASA), has the responsibility to issue ADs for aircraft types under its purview. The State of Registry, represented by CASA in Australia, must assess and, if necessary, issue equivalent ADs to ensure compliance with international airworthiness standards. This includes the duty to review and implement ADs issued by the State of Design. Moreover, CASA must act in accordance with its statutory powers as outlined in subsection 84A(2) of the Act when issuing or amending ADs.
The consequences for non-compliance with the provisions of this Act are significant. Failure to adhere to the requirements set out in an AD can result in serious safety issues and potential legal ramifications. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, non-compliance can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other administrative or judicial penalties. The severity of the penalties depends on the nature and extent of the non-compliance, as well as any resultant safety incidents.