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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/A330/39 Amdt 1 affecting Airbus A330 series aeroplanes. The EASA issued AD 2009-0255 on 1 December 2009 which supersedes the requirements of AD/A330/39 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these aeroplanes. The cancellation will become effective on 15 December 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) 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, aiming to ensure the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to make regulations that promote the safety of air navigation. One of the key mechanisms under this authority is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are critical for maintaining the continuing airworthiness of aircraft. In line with international standards set by the International Civil Aviation Organization (ICAO), the State of Design holds responsibility for the airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, when necessary, issue Australian ADs to enforce the requirements of the State of Design. This legislative framework ensures that Australian aviation remains compliant with international safety standards and that the safety of air navigation is continuously upheld.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, serving as legislative instruments under the Acts Interpretation Act 1901. These directives are integral to ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type's airworthiness, necessitating the provision of necessary information to States of Registry. In the context of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, in the case of Airbus A330 series aeroplanes, CASA issued AD/A330/39 Amdt 1, which was subsequently superseded by EASA's AD 2009-0255, leading to the cancellation of CASA's directive. The AD cancellation process does not require consultation with the Australian public, and a Regulatory Impact Statement is deemed unnecessary by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are intended to ensure the continuing airworthiness of the aircraft, and they are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case CASA, is then responsible for ensuring the continuing airworthiness of individual aircraft within their jurisdiction.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian ADs to mandate the requirements of any State of Design ADs that affect aircraft on the Australian Register. For example, CASA issued AD/A330/39 Amdt 1 for Airbus A330 series aeroplanes, but this was superseded by the European Aviation Safety Agency's (EASA) AD 2009-0255 on 1 December 2009. This cancellation of the Australian AD became effective on 15 December 2009. It is also important to note that no consultation with the Australian public was required for this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
In terms of consequences for breach, the specific Civil Aviation Safety Regulations 1998 do not detail particular offences or penalties related to non-compliance with ADs. However, under the broader Civil Aviation Act 1988, non-compliance with airworthiness requirements can result in significant civil or criminal penalties. For instance, failure to comply with ADs can lead to fines or imprisonment, depending on the severity of the non-compliance and the potential risk to safety. The precise penalties are determined by the courts, taking into account the circumstances of each case, but can include substantial fines and imprisonment terms for serious breaches.