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-2005-171 affecting Airbus A330 model aircraft. France is the State of Design for this model. CASA has assessed this AD and has issued Australian AD/A330/54, which will become effective on 18 October 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 for the regulation of aviation safety and to establish the Civil Aviation Safety Authority (CASA). This Act addresses the need for a robust legislative framework to ensure the safety of civil aviation in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to maintain and enhance the safety of air navigation and operations through stringent regulatory measures. Pursuant to the Act, CASA has the authority to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments issued to mandate compliance with safety standards. These directives ensure that aircraft remain in a condition that allows for safe operation, reflecting Australia's obligations under international conventions such as the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments that align with Australia’s obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case, CASA as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design, such as France for the Airbus A330 model, issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process does not require consultation with the Australian public nor a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is issued under the authority of the Civil Aviation Act 1988 and is a mechanism to uphold international safety standards and maintain the airworthiness of aircraft operating within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily centred around ensuring the continuing airworthiness of aircraft. As per Annex 8 of the Convention on International Civil Aviation, the State of Design, in this case, France, has the overarching responsibility for the continuing airworthiness of the aircraft type. The State of Design is obligated to provide necessary information to ensure that the aircraft type meets continuing airworthiness standards. The State of Registry, in this instance CASA, must assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that the Australian Register maintains the required safety standards in accordance with international obligations.
Failure to comply with the ADs can result in significant consequences. Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance, but non-compliance with ADs can lead to severe civil and criminal consequences under the Civil Aviation Act 1988. Civil penalties can include fines, while criminal penalties can result in imprisonment, reflecting the critical nature of airworthiness directives in maintaining aviation safety. CASA, as the national airworthiness authority, enforces these regulations rigorously to uphold safety standards.
In this particular instance, the French Directorate General for Civil Aviation (DGAC) issued AD UF-2005-171 for the Airbus A330 model aircraft. As France is the State of Design, CASA reviewed and issued Australian AD/A330/54, effective from 18 October 2005. This AD is a direct response to international obligations and does not require public consultation or a Regulatory Impact Statement. It was made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.