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 European Aviation Safety Authority (EASA) has issued AD 2007-0215 affecting Airbus A330 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/57, Amendment 2, which will become effective on 27 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia, including ensuring the safety of air navigation. This Act allows the Governor-General to create regulations to safeguard the interests of civil aviation safety, with regulation 39.001 empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 provide further detail, stating that ADs are a common form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. When a State of Design issues an AD, CASA must assess the information and issue an Australian AD if necessary to meet the continuing airworthiness requirements of the aircraft.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia, and it applies to all aircraft registered in Australia and their operations. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft and aeronautical products. These ADs serve as legislative instruments, as they are disallowable under the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under the Convention on International Civil Aviation and in coordination with the State of Design, which holds primary responsibility for the airworthiness of aircraft types. For example, CASA issued Australian AD/A330/57, Amendment 2, in response to an AD issued by the European Aviation Safety Authority (EASA) for the Airbus A330 series aircraft. This particular AD was made without public consultation, as it is a response to international obligations and was determined by the Office of Best Practice Regulation not to require a Regulatory Impact Statement. The ADs apply to all aircraft within their scope, mandating compliance with specified safety standards to ensure the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Regulations specifically enables CASA to issue ADs for certain aircraft types or aeronautical products. This regulatory mechanism ensures that the safety standards set forth by the State of Design and adopted by the State of Registry are met.
Under the Convention on International Civil Aviation and its Annex 8, the State of Design, in this case France, has the responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. This ensures that all aircraft on the Australian Register meet the necessary safety standards.
The obligations imposed by the ADs include adherence to the specified requirements for maintenance, repair, and operational procedures. The ADs are designed to address identified safety issues and ensure that any identified defects or potential hazards are rectified in a timely manner. The ADs also require the aircraft operator to notify CASA of compliance with the directive and to maintain records of such compliance.
Failure to comply with an AD can result in significant consequences. Civil penalties can be imposed for non-compliance, including fines of up to $1,110,000 for corporations and $222,000 for individuals, as outlined in section 102 of the Civil Aviation Act 1988. Criminal penalties may also apply, with offences potentially resulting in imprisonment for up to five years. These penalties underscore the importance of adhering to the ADs to maintain the safety and airworthiness of aircraft in Australia.