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 European Aviation Safety Authority (EASA) has issued AD 2007-0281 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/43, Amendment 2, which will become effective on 20 December 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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, was introduced to establish a regulatory framework ensuring the safety and efficiency of civil aviation within the country. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with specific reference to the creation and enforcement of airworthiness directives. The Civil Aviation Safety Regulations 1998 further delineate the processes through which such directives can be issued by the Civil Aviation Safety Authority (CASA). This legislative structure responds to the need for a robust and internationally aligned regulatory approach to aviation safety, reflecting Australia's commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. The policy objective is to ensure that Australian civil aviation standards are harmonized with international practices, thereby maintaining high safety standards in the sector.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These directives serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation and aim to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, such as France for the Airbus A330 model, is responsible for issuing ADs for specific aircraft types, and CASA must subsequently assess and, if necessary, issue corresponding Australian ADs to enforce the requirements domestically. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (s 39.001). These directives serve as legislative instruments, falling under the purview of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901 (s 39.001(5)). This regulatory framework is designed to ensure the safety of air navigation as mandated by the Civil Aviation Act 1988 (s 98).
Compliance with these airworthiness directives is mandatory for the parties and entities governed by the Civil Aviation Safety Regulations 1998. The State of Design, such as France for the Airbus A330 model, is responsible for the ongoing airworthiness of the aircraft type and must provide necessary information to States of Registry, including Australia, to maintain airworthiness (Annex 8 to the Convention on International Civil Aviation). CASA, as the national airworthiness authority for Australia, must then evaluate this information and issue corresponding ADs if appropriate (s 39.001). The State of Registry, in this case, Australia, must ensure that all aircraft registered within its territory comply with these directives.
Failure to comply with the provisions of an AD can result in significant legal and financial consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. The specific penalties for breaching ADs are not detailed in the provided text, but generally, such breaches can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the severity and impact of the non-compliance.
The issuance of the AD in question, AD/A330/43, Amendment 2, by CASA follows a rigorous process to ensure its alignment with international obligations and safety standards. As this AD is a response to an AD issued by the European Aviation Safety Authority (EASA) on behalf of France, no public consultation was required. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This structured approach underscores the importance of adhering to international aviation standards and the stringent measures in place to ensure aircraft safety.