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-2004-024, affecting Airbus A330 model aircraft, in 2004. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the reference to the A330 Maintenance Planning Document. The amended AD, AD/A330/31 Amendment 1, will become effective on 16 February 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, Airframes 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 a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation within the nation. The Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate compliance with airworthiness standards and are essential for maintaining the safety of aircraft in Australia. In accordance with international obligations under the Convention on International Civil Aviation, Australia's national airworthiness authority, CASA, issues ADs to ensure the continuing airworthiness of aircraft registered in Australia, particularly when corresponding directives are issued by the aircraft's State of Design. This ensures that Australian civil aviation practices align with international safety standards and requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate actions to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. For instance, following the issuance of AD F-2004-024 by the French DGAC for Airbus A330 model aircraft, CASA updated the relevant Australian AD to align with the new reference to the A330 Maintenance Planning Document. This process does not require public consultation as it is governed by international obligations and in response to directives from the relevant State of Design. The AD is issued under the authority of the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 under consideration here include section 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This regulatory power is exercised under the broader authority granted by section 98 of the Civil Aviation Act 1988, which allows for regulations to be made for the purposes of the Act, specifically in the interests of the safety of air navigation. Section 39.001(5) further clarifies that such ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions on the parties and entities governed include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to appropriate States of Registry, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess any issued ADs from the State of Design and, if deemed appropriate, issue an Australian AD to mandate the requirements. This ensures that the continuing airworthiness of aircraft on the Australian Register is maintained according to international standards. The recent amendment to the Australian AD concerning the Airbus A330 model aircraft is a practical example of this process, where CASA has updated the reference to the A330 Maintenance Planning Document in response to an AD issued by the French DGAC.
The legislation does not explicitly detail specific offences, penalties, or consequences for breaches of ADs. However, the overarching framework of the Civil Aviation Act 1988 and associated regulations would imply that non-compliance with an issued AD could result in serious safety concerns and potential enforcement actions by CASA. While the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for breaches, the broader civil and criminal enforcement mechanisms available under the Civil Aviation Act 1988 could be invoked, potentially leading to fines or other sanctions. The importance of adhering to ADs cannot be overstated, given their role in maintaining the safety and airworthiness of aircraft.