CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 has issued AD F-2004-117 R1 affecting Airbus A330 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/38, Amendment 1, which will become effective on 4 August 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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 in Australia, with a focus on ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly to enhance the safety of air navigation. One of the critical mechanisms under this Act is the issuance of airworthiness directives, which are implemented under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, in turn, delegate authority to the Civil Aviation Safety Authority (CASA) to issue such directives, ensuring that Australian aviation standards are harmonized with global requirements. This legislative framework addresses the need for a coordinated approach to maintaining aircraft safety and airworthiness, both nationally and internationally, ensuring compliance with obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for particular kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of ADs is critical for ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives issued by other states, such as the French DGAC’s AD F-2004-117 R1 for Airbus A330 models, leading to the issuance of Australian AD/A330/38, Amendment 1. Given the international nature of these directives and the obligations under the Convention on International Civil Aviation, no public consultation is required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations that pertain to the safety of air navigation (section 98). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Consequently, when the State of Design issues an AD, such as the one by the French DGAC for Airbus A330 model aircraft, CASA must assess and, if necessary, issue an Australian AD to enforce these requirements.
Compliance with these airworthiness directives is mandatory for the entities they govern. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft as per Annex 8. CASA, as Australia’s national airworthiness authority, has the responsibility to assess foreign ADs and issue corresponding Australian ADs if appropriate. For example, CASA assessed the French AD F-2004-117 R1 and issued the Australian AD/A330/38, Amendment 1, effective from 4 August 2005. This directive cancels and replaces the previous AD.
Breach of the provisions outlined in these airworthiness directives can lead to severe consequences. While the specific penalties are not detailed in the provided text, non-compliance with ADs generally can result in substantial penalties under civil and criminal law. The precise penalties for non-compliance may be found in other sections of the Civil Aviation Act 1988 and associated regulations, which could include fines, imprisonment, or both. It is imperative for operators and maintenance entities to adhere strictly to these directives to avoid such repercussions.