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 EASA issued 2007-0008 affecting AIRBUS A330 aircraft. The EASA is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/A330/54 Amendment 1 which will become effective on 7 June 2007. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms introduced under this Act is the ability of the Governor-General to make regulations that enhance the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The process of issuing an AD is a response to Australia’s obligations under international conventions and the need to maintain uniformity and safety standards in the aviation industry. This approach ensures that the national airworthiness authority, CASA, can effectively implement directives from the State of Design, thereby fulfilling Australia’s regulatory responsibilities and maintaining public safety in air travel.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia and mandates the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with these directives being legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A330 aircraft, holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, which in Australia is CASA. When an AD is issued by a foreign State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to enforce the design state's requirements. This process is aligned with international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is further clarified under subregulation 39.001(5) which stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which in this context is the European Aviation Safety Agency (EASA) for the AIRBUS A330 aircraft, holds the overall responsibility for ensuring the continuing airworthiness of the aircraft type. This responsibility includes providing any necessary information to the appropriate States of Registry to maintain airworthiness standards. The State of Registry, which is Australia in this case, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements of the State of Design.
Given that the AD in question is issued in response to an AD raised by the EASA, and due to Australia's obligations under the Convention on International Civil Aviation, no consultation of the Australian public has taken place. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
In terms of compliance, any breach of the requirements set out in an AD could result in significant consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, it is known that failure to adhere to airworthiness directives can lead to severe civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the non-compliance and the impact on aviation safety. The exact penalties would be in line with the Civil Aviation Act 1988 and any other applicable laws.