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-2005-004R1, affecting A330 aircraft, in 2005. France 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/A330/30 Amendment 3. The amended AD, AD/A330/30 Amendment 3, will become effective on 7 July 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 regulate civil aviation in Australia and to ensure the safety and efficiency of air navigation. The Act provides the framework for the issuance of regulations that govern various aspects of civil aviation, including airworthiness directives (ADs). The Civil Aviation Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are legislative instruments that must comply with the Legislative Instruments Act 2003. The policy objective of the Act, as reflected in its regulations, is to maintain high standards of safety and air navigation in Australia, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The issuing of ADs is crucial for fulfilling Australia's obligations under international conventions, such as the Convention on International Civil Aviation, and for ensuring that the safety requirements set by the State of Design for a particular aircraft type are met in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) which are legislative instruments used to ensure the continuing airworthiness of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are issued in accordance with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. The ADs serve as the most common form of continuing airworthiness information and are issued by most ICAO Contracting States. The ADs are issued by CASA as Australia’s national airworthiness authority, following an assessment of information provided by the relevant State of Design. Notably, these directives are considered disallowable instruments and are exempt from certain consultation requirements as they pertain to international obligations and industry requests rather than domestic public consultation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001 respectively, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The State of Design, such as France for A330 aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, the State of Registry, such as Australia in the case of registered A330 aircraft, must ensure the aircraft's continuing airworthiness by developing or adopting appropriate requirements. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. For instance, following the issuance of AD F-2005-004R1 by the French DGAC in 2005, CASA amended the Australian AD to AD/A330/30 Amendment 3, which became effective on 7 July 2005.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia's national airworthiness authority, meticulously assess any ADs issued by the State of Design and ensure that the necessary measures are implemented to maintain the airworthiness of aircraft registered in Australia. This involves reviewing the information provided by the State of Design, determining the applicability of the AD to Australian-registered aircraft, and issuing an Australian AD if deemed necessary. Furthermore, CASA must ensure that the ADs are consistent with international standards and obligations under the Convention on International Civil Aviation. The amended Australian AD, AD/A330/30 Amendment 3, must be implemented by the operators of A330 aircraft registered in Australia to maintain the required safety standards.
Failure to comply with an AD or the amended Australian AD may result in significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict requirements on aircraft operators to adhere to the ADs. Non-compliance may lead to enforcement actions by CASA, including fines and other administrative penalties. The maximum penalties for contravening ADs can be substantial, reflecting the critical importance of airworthiness regulations in ensuring public safety. For example, under the Civil Aviation Act 1988, operators found in breach of an AD may face fines up to $22,200 for a corporation and $4,440 for an individual, with additional penalties for repeat offences. These provisions underscore the necessity for compliance with ADs to uphold the highest safety standards in aviation.