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-2005-077 affecting Airbus A330 series aeroplanes. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/51, which will become effective on 16 June 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, enacted by the Commonwealth Parliament, is the primary legislation governing civil aviation in Australia. This Act was introduced to ensure the safety and efficiency of civil aviation in Australia and to align Australian aviation regulations with international standards. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs). These ADs are legislative instruments, issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products in accordance with international standards and Australia’s obligations under the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation by ensuring that aircraft and aeronautical products meet specified safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, provides the legislative framework for ensuring the safety of air navigation within Australia. The Act allows the Governor-General to issue regulations under section 98, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. This regulation also designates airworthiness directives as disallowable instruments under the Acts Interpretation Act 1901, and as legislative instruments under the Legislative Instruments Act 2003. The issuance of these directives is critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which provides initial airworthiness information, and the State of Registry, which enforces compliance with these standards within its jurisdiction. In the case of Australian-registered aircraft, CASA must evaluate directives issued by foreign States of Design and, if necessary, issue corresponding Australian airworthiness directives. This process ensures that Australian-registered aircraft meet international safety standards, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that aim to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design, which in this context refers to the country where the aircraft was designed, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the type to the relevant States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
CASA has issued Australian AD/A330/51 in response to the French Directorate General for Civil Aviation (DGAC) issuing AD F-2005-077 for Airbus A330 series aeroplanes, with France being the State of Design for these aircraft types. This Australian AD will become effective on 16 June 2005. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and 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 also determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
For entities and parties governed by this legislation, the primary obligations include adherence to the ADs issued by CASA. This includes complying with the requirements specified in the ADs to ensure the airworthiness of the aircraft. Failure to comply with these requirements can result in serious safety risks and could potentially lead to legal consequences. CASA has the authority to enforce compliance and may take action against non-compliance. In terms of penalties, the Act and associated regulations do not specify maximum penalties for breaches of ADs. However, failure to comply with airworthiness directives can result in severe consequences, including the grounding of aircraft, fines, and potential criminal charges. The severity of the consequences depends on the nature and extent of the breach and the impact on aviation safety.