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 issued AD F-2005-077, affecting Airbus A330 series aircraft, in 2005. France is the State of Design for theses types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the requirement for the initial inspection of escape slide wiring. The amended AD, AD/A330/51 Amendment 1, will become effective on 30 June 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 - 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, enacted by the Commonwealth Parliament, provides a legislative framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of air navigation and the continuing airworthiness of aircraft. As part of its regulatory powers, the Governor-General, on the recommendation of the Civil Aviation Safety Authority (CASA), may issue regulations under section 98 of the Act. This includes the issuance of airworthiness directives (ADs), as specified under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective of these regulations is to maintain and enhance aviation safety in line with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO). The authority to issue these ADs is exercised to address specific safety concerns identified by the State of Design, ensuring that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. This legislation applies to entities involved in the design and registry of aircraft, particularly focusing on the continuing airworthiness of aircraft types and individual aircraft. The Act's application extends to all aircraft registered in Australia, thereby implicating both Australian and foreign aircraft operators when they are registered in Australia. The geographic reach of this legislation is national, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority, responsible for issuing ADs in response to international directives. ADs are considered legislative instruments and must comply with the requirements set forth in the Legislative Instruments Act 2003. Any AD issued by CASA is mandated under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This provision is crucial for maintaining the safety standards of aviation equipment within Australia. An AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on CASA and other relevant authorities are significant. CASA must assess information from the State of Design—the entity responsible for the design of the aircraft—and if deemed necessary, issue an Australian AD to enforce the design state’s requirements. This ensures that all aircraft registered in Australia meet international safety standards. The State of Registry is also mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This division of responsibilities is intended to streamline the process of maintaining airworthiness standards globally.
Non-compliance with ADs can lead to serious consequences. Civil and criminal penalties may apply, depending on the severity of the breach. While the specific penalties are not detailed in the provided text, it is clear that breaches of ADs are taken seriously to maintain the highest standards of aviation safety. The ADs themselves are integral to the international cooperation framework under Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design provide necessary information to States of Registry to ensure the continuing airworthiness of aircraft types.
Under the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. When a State of Design, such as France in the case of Airbus A330 series aircraft, issues an AD, CASA must respond by assessing this information and, if necessary, issuing an equivalent Australian AD. This process was exemplified by the issuance of AD/A330/51 Amendment 1, which clarified the requirement for the initial inspection of escape slide wiring, effective from 30 June 2005. Given the international nature of such directives, no public consultation or Regulatory Impact Statement is required under Australian law. Instead, the AD is issued by the relevant authority within CASA, ensuring compliance with the legislative framework.