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 F-2004-084 affecting Airbus A330 aircraft. The EASA is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/A330/34 Amendment 1. The amended AD will become effective on 2 August 2007. 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 Acting 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, enacted by the Parliament of Australia, addresses the regulation of civil aviation in the country, focusing on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, such as those concerning the safety of aircraft and aeronautical products. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. The introduction of these directives under section 98 of the Civil Aviation Act 1988 is intended to uphold Australia’s obligations under international conventions, specifically Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information for continuing airworthiness. Consequently, CASA is tasked with assessing and implementing such directives, ensuring compliance with international standards and the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This Act applies to all aircraft registered in Australia and any aeronautical products used within the country, ensuring compliance with international standards for safety and airworthiness. The ADs, as legislative instruments, are issued under the authority of the Governor-General, in accordance with section 98 of the Act, and mandate requirements necessary for the continued safe operation of specific aircraft types. The State of Design, which in this case is the European Aviation Safety Agency (EASA) for Airbus A330 aircraft, holds the primary responsibility for issuing ADs, with CASA as Australia’s national airworthiness authority, obligated to assess and implement these directives for aircraft registered in Australia. The jurisdictional reach of this legislation is national, aligning with Australia’s commitments under the Convention on International Civil Aviation, particularly Annex 8, which governs the continuing airworthiness of aircraft types. The ADs are not subject to public consultation or a Regulatory Impact Statement as they are directly responsive to international obligations and safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations, respectively. These ADs are legislative instruments that pertain to the kinds of aircraft or aeronautical products necessary for the safety of air navigation. Specifically, an AD can be issued by the Civil Aviation Safety Authority (CASA) to mandate requirements for the continuing airworthiness of specific types of aircraft registered in Australia. Such directives are crucial as they ensure that aircraft maintain the necessary safety standards set forth by the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on parties and entities governed by this legislation are substantial. The State of Design, such as the European Aviation Safety Agency (EASA) in the context of Airbus A330 aircraft, must provide information necessary for ensuring the continuing airworthiness of the aircraft type. The State of Registry, in this case, CASA acting on behalf of Australia, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the necessary requirements. This process ensures that aircraft registered in Australia comply with internationally recognised safety standards and that any identified safety issues are addressed promptly.
In terms of consequences for non-compliance, breaches of airworthiness directives can lead to serious civil and criminal penalties. While the specific provisions regarding penalties are not detailed in the provided text, it is generally understood that failure to comply with ADs can result in severe consequences, including fines and imprisonment. The exact penalties would depend on the severity of the breach and would be determined in accordance with the relevant legislative provisions. It is imperative for operators and owners of affected aircraft to adhere to the mandated requirements to avoid such penalties and ensure the safety of air navigation.