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 European Aviation Safety Authority (EASA) has issued AD 2009-0102 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/31, Amendment 4, which will become effective on 30 July 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation and operations. The Act grants the Governor-General the authority to make regulations that align with the Act’s objectives, particularly focusing on the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, being legislative instruments, are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, issues these directives to mandate necessary safety measures, reflecting Australia’s commitment to international civil aviation obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments as outlined in the Legislative Instruments Act 2003, and they serve to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to directives from the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type, and are mandated under Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design on aircraft registered in Australia. For instance, following the European Aviation Safety Authority’s issuance of AD 2009-0102 affecting Airbus A330 model aircraft, CASA issued AD/A330/31, Amendment 4, which became effective on 30 July 2009. This AD, issued under the authority of the Civil Aviation Act 1988, replaces the previous version and is based on international obligations and the assessment by CASA.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The issuance of these ADs is also supported by subregulation 39.001(5), which states that ADs are disallowable instruments under the Acts Interpretation Act 1901, and thus constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, providing necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft under its jurisdiction. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements on the Australian Register.
In fulfilling these obligations, CASA has issued Australian AD/A330/31, Amendment 4, in response to EASA's AD 2009-0102 affecting Airbus A330 model aircraft. This AD will become effective on 30 July 2009 and replaces the previous AD. Given the international nature of these directives and the obligations under the Convention on International Civil Aviation, no consultation of the Australian public has been required. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to serious consequences. Failure to adhere to the mandated requirements can result in the aircraft being deemed unairworthy. CASA has the authority to take enforcement actions against non-compliant aircraft, which may include grounding the aircraft or refusing to issue or renew an airworthiness certificate. The maximum penalties for non-compliance with ADs can be substantial, with potential fines and imprisonment for breaches that result in serious harm or death. These measures are in place to ensure that the safety standards set by the ADs are upheld, thereby protecting the public and maintaining the integrity of the aviation safety framework.