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-2005-071 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/45, Amendment 1, which will become effective on 7 July 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 - 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 for the regulation of civil aviation in Australia, addressing the need for comprehensive and cohesive legal frameworks to ensure the safety and efficiency of civil aviation operations. The Act was enacted by the Australian Parliament and is intended to support the overarching objective of ensuring the safety of air navigation. The Civil Aviation Regulations 1998 were subsequently introduced to provide further detail and operational guidelines in line with the Act. One of the mechanisms provided by the Act and Regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure that aircraft and aeronautical products maintain their airworthiness. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft with the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with issuing ADs in response to those issued by the State of Design, ensuring that Australian aircraft comply with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to make regulations in the interest of air navigation safety, with regulation 39.001 specifically authorising CASA to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is governed by Annex 8 to the Convention on International Civil Aviation, which stipulates the State of Design's responsibility for the continuing airworthiness of an aircraft type, and the State of Registry's obligation to ensure the ongoing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements. In this instance, CASA has issued Australian AD/A330/45, Amendment 1, in response to the French DGAC's AD F-2005-071 concerning Airbus A330 model aircraft. This AD, issued under Australia’s obligations to the Convention on International Civil Aviation, does not require public consultation or a Regulatory Impact Statement, and it has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). According to section 98 of the Act, the Governor-General can make regulations for the purposes of the Act, which includes the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs are significant. The State of Design, which in this case is France for Airbus A330 model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards. In accordance with Annex 8 of the Convention on International Civil Aviation, States of Registry, such as Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD, such as AD F-2005-071 by the French DGAC, CASA must assess the information and, if necessary, issue a corresponding Australian AD, in this instance AD/A330/45, Amendment 1, to mandate the same requirements.
Failure to comply with the ADs can lead to severe consequences. If an operator fails to adhere to the ADs, CASA can take enforcement action, which may include grounding the aircraft, imposing fines, or taking other regulatory measures to ensure compliance. Additionally, there could be criminal penalties for non-compliance, as the ADs are backed by the full force of the Civil Aviation Act 1988. Although the maximum penalties are not specified in the text, they could range from fines to imprisonment, depending on the severity of the breach and the specific provisions of the Act.
It is also important to note that ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement. This is because ADs are considered a necessary measure to ensure the safety and airworthiness of aircraft, and their issuance is directly tied to international obligations and safety standards. The AD in question was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued within the proper legal framework and authority.