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 EASA issued AD 2006-0302 affecting AIRBUS A330 aircraft. The EASA is the State of Design for this type. CASA has amended the equivalent Australian AD AD/A330/32 Amendment 3 will become effective on 23 November 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, 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 a comprehensive legal framework for the regulation of civil aviation in Australia, addressing issues related to safety, efficiency, and environmental impact. The Act empowers the Governor-General to make regulations, including those pertaining to the issuance of airworthiness directives (ADs), to ensure the safety of air navigation. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 further elaborate on the issuance of ADs by the Civil Aviation Safety Authority (CASA), which acts as Australia’s national airworthiness authority. In line with international obligations under the Convention on International Civil Aviation, particularly Annex 8, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the individual aircraft's continuing airworthiness. Consequently, when the European Aviation Safety Agency (EASA) issues an AD for an aircraft type registered in Australia, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD. This process ensures alignment with international standards and the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft and are mandated under international obligations, notably Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overall responsibility for continuing airworthiness. In the context of Australia, CASA, as the national airworthiness authority, is required to issue ADs when the State of Design issues such directives against aircraft types registered in Australia. The ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and they are issued without public consultation due to the international obligations and the nature of the directives. For instance, CASA issued Amendment 3 to AD/A330/32 in response to the European Aviation Safety Agency’s AD 2006-0302 affecting AIRBUS A330 aircraft, reflecting Australia’s commitment to international civil aviation standards.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 (regulation 39.001) provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This regulation empowers CASA to issue ADs concerning specific types of aircraft or aeronautical products, ensuring adherence to safety standards and continuing airworthiness. An AD is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901, and is subject to disallowance (subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998). These directives are critical for maintaining safety standards and ensuring that aircraft remain airworthy.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that the State of Design has the responsibility to provide information necessary for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that Australian aircraft meet international safety standards and comply with relevant regulations.
Failure to comply with an AD can result in significant consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 impose strict requirements on aircraft operators and owners to adhere to ADs. Non-compliance can lead to enforcement actions, including fines and potential grounding of the aircraft. The specific penalties for breaches of these regulations are detailed in the Civil Aviation Act 1988, which may include substantial financial penalties and, in severe cases, criminal charges. These measures are in place to ensure that all aircraft maintain their airworthiness and operate safely.
The issuance of ADs is guided by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility of continuing airworthiness on the State of Design and the State of Registry. By adhering to these international obligations, Australia ensures that its aviation safety standards are aligned with global practices. ADs serve as a crucial tool for maintaining these standards, ensuring that all aircraft operate within safe parameters and that any identified issues are promptly addressed.