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-2005-004, affecting A330 aircraft, in 2005. France is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A330/30 Amendment 2. The amended AD, AD/A330/30 Amendment 2, will become effective on 14 April 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of aviation in the country. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to maintain the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). In this context, CASA acts as Australia’s national airworthiness authority, responsible for ensuring compliance with airworthiness directives issued by the State of Design or in response to international obligations, thereby safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, through its regulatory framework as outlined in the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act applies to the Civil Aviation Safety Authority (CASA), which is empowered to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are intended to maintain the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring airworthiness on the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This regulatory mechanism extends nationally and aligns with international standards to ensure uniformity in aviation safety across jurisdictions.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the Act, specifically focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation outlines the State of Design's responsibility for an aircraft type's continuing airworthiness, which includes providing necessary information to States of Registry to maintain airworthiness. The State of Registry must develop or adopt requirements to ensure an aircraft's continuing airworthiness. When a State of Design, such as France, issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by the Act and its regulations require the State of Design to issue ADs to ensure the continuing airworthiness of aircraft types. These ADs must be communicated to the States of Registry, including Australia, which then must assess and, if appropriate, implement equivalent ADs. CASA’s role includes the evaluation of foreign ADs and the issuance of corresponding Australian ADs. The State of Registry must ensure that all aircraft meet the continuing airworthiness standards set forth by the ADs. This involves conducting necessary inspections, maintenance, and modifications to comply with the ADs, ensuring that the aircraft remain safe for operation.
Breach of an AD can result in significant consequences. Failure to comply with an AD can lead to the aircraft being considered unairworthy, which could result in the aircraft being grounded. Under section 13 of the Civil Aviation Act 1988, the Minister may issue a certificate of airworthiness, and failure to adhere to the conditions set forth in an AD could lead to the revocation of this certificate. The penalties for non-compliance can include fines and imprisonment. The Civil Aviation Regulations 1998 outline that the maximum penalty for non-compliance with an AD may include fines up to $12,600 for individuals and $63,000 for corporations, in addition to potential imprisonment terms. These strict measures are in place to enforce compliance and maintain the highest standards of aviation safety.