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 AD 2006-0259-E affecting Airbus A330. The EASA is the State of Design for this aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A330/57 Amendment 1 which will become effective on 31 August 2006. 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 comprehensive legal framework for the regulation of civil aviation in Australia, with the primary aim of ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations for the safety of air navigation, as well as establishing the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for enforcing airworthiness standards. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory mechanisms, including the issuance of airworthiness directives (ADs) by CASA, which are legislative instruments under the Acts Interpretation Act 1901. These directives ensure that aircraft maintain their airworthiness by complying with necessary safety requirements. Australia's obligations under the Convention on International Civil Aviation mandate that CASA issue ADs in response to directives from the State of Design, ensuring alignment with international safety standards. The issuing of such directives is conducted without public consultation as it pertains to international obligations and industry requests.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under the authority granted by section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having the overarching responsibility for the airworthiness of an aircraft type and the State of Registry ensuring the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must issue Australian ADs in response to directives from the relevant State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A330 aircraft. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument, and thus a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
These ADs are essential instruments for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain the safety and airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft is maintained according to international standards and practices.
Under these regulations, CASA has issued an amended AD for the Airbus A330, identified as AD/A330/57 Amendment 1, following a request from industry. This amendment replaces the previous AD in response to AD 2006-0259-E issued by the European Union Aviation Safety Agency (EASA), which is the State of Design for this aircraft type. The new AD will become effective on 31 August 2006 and reflects Australia's obligations under the Convention on International Civil Aviation. Given that this AD is a direct response to an international requirement and does not involve new public consultation, the Office of Regulatory Review has concluded that it does not necessitate a Regulatory Impact Statement. The AD 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.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities governed by the ADs. CASA is required to assess the information provided by the State of Design and issue an Australian AD if necessary to ensure compliance with airworthiness standards. The State of Registry, which in Australia is CASA, must ensure that the continuing airworthiness of aircraft is maintained. Operators of the affected aircraft must comply with the requirements of the AD, which may include specific maintenance actions, inspections, and operational limitations. Failure to comply with an AD can result in severe civil or criminal consequences, including fines and potential grounding of the aircraft. The maximum penalties for non-compliance can be substantial, reflecting the critical importance of air safety regulations.