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 UF-2005-053 affecting A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/50, which will become effective on 12 May 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 - 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, addressing the need for comprehensive safety and security measures within the aviation sector. The Act empowers the Governor-General to make regulations for the purposes of ensuring the safety of air navigation, as stipulated under section 98. The Civil Aviation Safety Regulations 1998, as amended, further operationalise this by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The overarching aim of these regulations is to maintain and enhance the safety standards of air navigation in alignment with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type.
Scope and Application
The Civil Aviation Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations in the interest of air navigation safety, which includes the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, serve to ensure the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation, specifically through Annex 8. The State of Design, responsible for an aircraft type's airworthiness, must provide necessary information to States of Registry, who in turn must develop requirements to maintain airworthiness. In the case of ADs issued by the State of Design, such as the French DGAC's AD UF-2005-053 for A330 model aircraft, CASA, as Australia's national airworthiness authority, assesses the information and, if deemed appropriate, issues an Australian AD, such as AD/A330/50, which becomes effective on a specified date. This process occurs without public consultation as it is governed by international obligations and directly responds to ADs from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. These regulations can include the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory framework ensures that specific kinds of aircraft or aeronautical products comply with safety standards. Importantly, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the Civil Aviation Safety Authority (CASA) are significant. CASA must review and, if necessary, issue an Australian AD to ensure compliance with international standards. This is particularly pertinent when a State of Design, such as France for the A330 model, issues an AD. CASA, as Australia's national airworthiness authority, must evaluate this information to determine if an Australian AD is needed. This process ensures that aircraft on the Australian Register meet the continuing airworthiness standards as stipulated under Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil or criminal penalties. The severity of these penalties can include fines or imprisonment, depending on the nature and extent of the breach. The specific penalties are outlined in the Civil Aviation Act 1988, with maximum fines and imprisonment terms varying based on the gravity of the offence. These provisions underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation.
In summary, the Civil Aviation Act 1988 and the associated regulations mandate that CASA issue ADs to ensure aircraft safety. The obligations of CASA include evaluating ADs from States of Design and issuing corresponding Australian ADs when necessary. Non-compliance with these directives can lead to substantial civil and criminal penalties, highlighting the critical role of adherence to these safety measures.