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-2005-003 affecting AIRBUS A330 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/47, which will become effective on 14 April 2005.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and aircraft operations. This Act empowers the Governor-General to create regulations that support the overarching goal of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, granting the Civil Aviation Safety Authority (CASA) the authority to issue such directives for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards, as stipulated by the Convention on International Civil Aviation. CASA, acting under the Civil Aviation Act, assumes the responsibility of issuing Australian airworthiness directives when necessary, thereby fulfilling Australia's international obligations and ensuring the safe operation of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and its accompanying regulations, including the Civil Aviation Safety Regulations 1998, provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs aligns with the obligations of Australia as a signatory to the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which in Australia is CASA, must then ensure the continuing airworthiness of aircraft by developing or adopting relevant requirements, including those outlined in ADs issued by the State of Design. This process ensures that Australian-registered aircraft comply with international standards and maintain airworthiness. The ADs issued by CASA, such as AD/A330/47 for the AIRBUS A330, are issued without public consultation due to their international obligations and the specific nature of their issuance in response to ADs from the aircraft's State of Design.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legislative framework for civil aviation in Australia, while the Civil Aviation Regulations 1998 detail the specific procedures and requirements for implementing the Act. Section 98 of the Act authorises the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a disallowable instrument and, as such, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register. When the State of Design, which in this case is France for the AIRBUS A330, issues an AD, CASA must assess the information provided and, if appropriate, issue an Australian AD to mandate the requirements. This process is governed by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires it to provide necessary information to the States of Registry. Australia, as a State of Registry, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory.
The obligations of CASA under these regulations are to carefully evaluate the AD issued by the State of Design, determine its applicability to aircraft on the Australian Register, and, if necessary, issue a corresponding Australian AD. This ensures compliance with international standards and the safety requirements set forth by the Convention on International Civil Aviation. The authority to issue ADs is exercised by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaches of the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 can lead to civil or criminal consequences. While the specific penalties are not detailed in the text, general provisions of the Act and Regulations may include fines and imprisonment for serious violations. However, the specific penalties for non-compliance with ADs are not explicitly stated in the provided text, and further examination of the Act and Regulations would be necessary to determine the exact consequences for failure to adhere to the issued ADs.