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 French DGAC issued AD F-2005-004, affecting Airbus A330 type aircraft. France is the State of Design for this aeroplane type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A330/30 Amendment 4. The amended AD will become effective on 24 November 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 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, to maintain airworthiness standards and ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The policy objective behind these regulations is to ensure that Australian civil aviation standards align with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation in Australia, with a particular focus on the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, with responsibility for issuing and enforcing these directives falling on the State of Design and State of Registry respectively, as outlined in Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA must issue equivalent ADs in response to directives from the State of Design, ensuring alignment with international standards. This legislative framework applies to all aircraft types and aeronautical products registered in Australia, with the specific ADs tailored to address identified safety issues for particular aircraft types, as exemplified by the amendment of the Australian AD for Airbus A330 aircraft in response to a directive from the French DGAC.
Key Provisions
The main operative sections of this legislation focus on the authority and process for issuing airworthiness directives (ADs) as outlined in section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to these provisions, the Governor-General can make regulations for the safety of air navigation, and CASA (Civil Aviation Safety Authority) has the authority to issue ADs for certain types of aircraft or aeronautical products. The AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This directive is specifically about AD F-2005-004 issued by the French DGAC concerning Airbus A330 type aircraft, and CASA's subsequent amendment to AD/A330/30 Amendment 4, which will become effective on 24 November 2005.
The obligations and requirements imposed by this legislation on the parties it governs include ensuring the continuing airworthiness of aircraft types. The State of Design has the overall responsibility for continuing airworthiness, and must provide necessary information to the States of Registry. In this case, the State of Design is France, and the State of Registry is Australia. CASA, as Australia’s national airworthiness authority, must assess the AD issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no consultation of the Australian public has taken place for this AD.
In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly state any specific penalties for non-compliance with the ADs. However, non-compliance with airworthiness directives can lead to serious safety risks, and could potentially result in civil or criminal penalties under other sections of the Civil Aviation Act 1988 or related regulations. It is important for the parties governed by this legislation to adhere to the airworthiness requirements to ensure the safety of air navigation.