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-2005-164 affecting Airbus A330 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/55, which will become effective on 22 December 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 A/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 Commonwealth Parliament, aims to provide a legal framework for the safety and efficiency of civil aviation in Australia. One of the significant regulatory mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are instrumental in ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international obligations under the Convention on International Civil Aviation. The 1988 Act empowers CASA to issue ADs in response to directives from the State of Design, thereby fulfilling Australia's commitments under international aviation agreements and ensuring that Australian-registered aircraft meet necessary safety standards. This legislative approach underscores the importance of harmonising national regulations with global standards to enhance aviation safety and efficiency.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives for specific types of aircraft or aeronautical products. These directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are issued to comply with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, acting as Australia’s national airworthiness authority, evaluates this information and, when necessary, issues corresponding Australian ADs to enforce the requirements set by the State of Design. The scope of this legislation applies to all aircraft registered in Australia, ensuring that continuing airworthiness is maintained in accordance with international obligations and regulatory standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are tools used to ensure the continuing safety of aircraft in service and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Regulation 39.001(5) aligns with this by stating that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed on CASA by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant. When a State of Design, such as France for the Airbus A330, issues an AD, CASA is required to assess this information. If deemed necessary, CASA must then issue a corresponding Australian AD to mandate the requirements of the foreign AD for aircraft registered in Australia. This process is crucial to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA's role is to maintain the continuing airworthiness of aircraft registered in Australia, ensuring they meet both national and international safety standards.
Breaching the requirements of an AD can have serious legal and operational consequences. Although the Act does not specify civil or criminal penalties for failing to comply with an AD, non-compliance can lead to severe repercussions. The safety of air navigation could be compromised, potentially resulting in accidents or incidents. Additionally, the operator of the aircraft could face legal action, including fines or other enforcement actions by CASA. Ensuring adherence to ADs is therefore critical to maintaining the safety and integrity of the Australian civil aviation system.
Given that ADs are issued under the authority of the Civil Aviation Act 1988 and are aligned with international obligations, they do not require consultation with the Australian public. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that safety directives can be issued promptly and efficiently in response to identified safety concerns. The ADs are made by authorised personnel within CASA, in accordance with subsection 84A(2) of the Act, ensuring that all directives are issued with the necessary authority and oversight.