CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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-2005-150 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/52 which will become effective on 12 August 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments, are essential for maintaining the continuing airworthiness of aircraft types and products as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in this regulatory process by issuing Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international obligations and maintaining safety standards within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the authority for the Civil Aviation Safety Administration (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901. These directives apply to specific kinds of aircraft or aeronautical products to ensure compliance with airworthiness standards as outlined in the Civil Aviation Act 1988. ADs are crucial for maintaining the continuing airworthiness of aircraft, and are mandated by the State of Design, with the State of Registry responsible for implementing these directives. The geographic reach of these regulations is national, as CASA, Australia's national airworthiness authority, assesses and issues these directives in accordance with international obligations under the Convention on International Civil Aviation. Any ADs issued by CASA are designed to align with directives from the relevant State of Design, ensuring that Australian aircraft meet international safety standards. Notably, these directives do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific design-related safety concerns.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (Regulation 39.001). These ADs are considered legislative instruments (Subregulation 39.001(5)) and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make these regulations to ensure the safety of air navigation. ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft types, a responsibility that primarily lies with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation.
Entities governed by the Civil Aviation Safety Regulations 1998, particularly CASA, are tasked with assessing foreign ADs and issuing corresponding Australian ADs when necessary. For example, following the issuance of AD UF-2005-150 by the French Directorate General for Civil Aviation (DGAC) concerning Airbus A330 aircraft, CASA assessed this directive and issued Australian AD/A330/52, which became effective on 12 August 2005. This process ensures that Australian-registered aircraft comply with international safety standards. Furthermore, the State of Registry for individual aircraft holds the responsibility for ensuring the continuing airworthiness of each aircraft, which involves developing or adopting appropriate requirements as per Annex 8.
Given that these ADs are issued in response to international obligations and the specific directives of the State of Design, they are not subject to public consultation or a Regulatory Impact Statement. Instead, they are issued by authorised personnel within CASA, such as the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, under subsection 84A(2) of the Civil Aviation Act 1988. This streamlined process allows for timely compliance with international safety standards without unnecessary delays.
For any breach of the regulations governing ADs, including failure to comply with the mandated requirements, there can be significant legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, such breaches typically incur civil or criminal penalties under the broader framework of the Civil Aviation Act 1988 and associated regulations. These penalties can include fines, imprisonment, or other enforcement actions deemed appropriate by the relevant authorities. It is crucial for entities and individuals governed by these regulations to adhere strictly to the issued ADs to avoid these potential repercussions.