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 2007-0009 affecting Airbus A330 aircraft. The EASA is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/A330/37 Amendment 2. 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 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 Australian Parliament, establishes the legislative framework for the safety of air navigation in Australia. This Act enables the Governor-General to make regulations to ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with the Civil Aviation Safety Regulations 1998, CASA is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments that require assessment and possible adoption in Australia. The policy objective of the Act is to ensure the safety of air navigation by mandating compliance with airworthiness directives issued by relevant States of Design and Registry, as required under international conventions. This ensures that Australian aircraft meet international safety standards and facilitates cooperation among contracting states of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation applies to entities involved in the design, manufacturing, and registration of aircraft, as well as operators of these aircraft within Australia. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) and specific to Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that do not require disallowance or a Regulatory Impact Statement. CASA, as Australia's national airworthiness authority, is responsible for issuing these directives when necessary, often in response to directives issued by the State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A330 aircraft. This process ensures that Australian-registered aircraft meet international safety standards, and it extends to all aircraft registered within Australia, regardless of their state of design or registry.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, grants the Governor-General the authority to create regulations necessary for the safety of air navigation. In alignment with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered 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 imposed by the Civil Aviation Safety Regulations 1998 on the entities they govern include adherence to the airworthiness directives issued by CASA. The State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, must provide all necessary information to the States of Registry, ensuring that the aircraft continue to meet safety standards. Conversely, the State of Registry is mandated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
Failure to comply with airworthiness directives can lead to significant civil and criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with ADs; however, breaches can result in enforcement actions by CASA. These actions may include grounding of the aircraft, suspension of airworthiness certificates, or legal proceedings against the aircraft operator or owner. Additionally, persistent non-compliance could lead to criminal charges, with penalties varying depending on the severity and impact of the non-compliance on aviation safety. It is crucial for all stakeholders to adhere to the ADs to maintain the highest standards of aviation safety.