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 DGAC has issued AD F-2005-014 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/4 Amendment 1, which will become effective on 17 March 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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to create regulations in the interests of air navigation safety, as exemplified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia meets its obligations in maintaining the continuing airworthiness of aircraft. This legislative approach is designed to safeguard public safety by mandating compliance with international safety standards through domestic regulation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These ADs, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to address specific types of aircraft or aeronautical products. The ADs serve as a mechanism for enforcing continuing airworthiness requirements as dictated by the State of Design and the State of Registry of an aircraft. When an AD is issued by the State of Design, CASA is obligated to assess its relevance and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. The issuance of these directives is governed by international obligations under the Convention on International Civil Aviation, and they apply to aircraft registered in Australia. Notably, these ADs are not subject to public consultation or regulatory impact assessment, given their technical nature and the urgency of safety concerns they address.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that CASA can issue ADs for specific types of aircraft or aeronautical products. It is essential to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to maintain and ensure the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation.
The obligations placed on parties by these provisions include the State of Design's responsibility to ensure the continuing airworthiness of an aircraft type, and to provide necessary information to the State of Registry. The State of Registry, in this case represented by CASA, must develop or adopt requirements to ensure the airworthiness of aircraft on the Australian Register. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft operating in Australia meet the required safety standards.
Breach of the requirements set forth in these airworthiness directives can lead to serious consequences. While the specific civil or criminal penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in legal action. Such actions could potentially include fines or other penalties as prescribed by the relevant aviation regulations or other applicable laws. Ensuring compliance with ADs is crucial to maintain safety standards in air navigation and to avoid any legal repercussions that may arise from non-compliance.