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 F-2005-166R1 affecting Airbus A330 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/53, Amendment 1, which will become effective on 10 November 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 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation, with the overarching objective of protecting public safety in civil aviation. In line with this objective, the Act empowers the Governor-General to make regulations that support the Act's aims, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to issue such directives for specified types of aircraft or aeronautical products. In line with the Convention on International Civil Aviation, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to mandate the requirements of the State of Design. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and in this case, they are issued in response to an AD from the relevant State of Design, thus not requiring consultation of the Australian public or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) within Australia, ensuring adherence to international safety standards. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to maintain the safety of air navigation. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered in Australia, with CASA acting as the national airworthiness authority responsible for ensuring the continuing airworthiness of these aircraft in compliance with international standards set forth in Annex 8 of the Convention on International Civil Aviation. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate and, if necessary, issue an Australian AD to enforce the requirements. The ADs are issued without public consultation due to Australia’s international obligations and are not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Regulation 39.001(5) specifies that an AD is a disallowable instrument, thereby classifying it as a legislative instrument under the Legislative Instruments Act 2003. This legal context allows the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft types registered in Australia, in alignment with international standards set out in Annex 8 to the Convention on International Civil Aviation. Specifically, ADs are issued in response to safety concerns identified by the State of Design and are a critical tool for maintaining the safety of air navigation.
The Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other entities involved in the issuance and compliance with ADs. CASA must assess the information provided by the State of Design and determine whether an Australian AD is necessary. When an AD is issued by CASA, it mandates compliance with specific safety requirements to ensure that the aircraft remain airworthy. Additionally, the State of Registry is responsible for ensuring that the aircraft under its jurisdiction meet these requirements. This includes implementing the ADs issued by CASA and ensuring that any necessary modifications or inspections are carried out in a timely manner.
Non-compliance with the requirements outlined in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, violations of ADs can be prosecuted as offences, potentially leading to criminal penalties. For instance, section 17 of the Act specifies that failure to comply with an AD can result in fines and imprisonment. The severity of these penalties reflects the importance of adhering to airworthiness directives to maintain safety standards in aviation. Moreover, in addition to criminal sanctions, non-compliance may also lead to civil penalties or administrative actions taken by CASA to enforce adherence to the ADs.
The Civil Aviation Safety Regulations 1998 also establish that ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This decision is based on the understanding that ADs are issued in response to urgent safety concerns identified by the State of Design and are a necessary measure to ensure the safety of air navigation. The AD in question, AD/A330/53, Amendment 1, was issued by CASA on behalf of the Governor-General, following the assessment of the French DGAC's AD F-2005-166R1. This AD, which becomes effective on 10 November 2005, replaces previous directives and mandates specific safety measures for the Airbus A330 model aircraft registered in Australia.