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 has issued AD 2006-0191 affecting Airbus A330 aircraft. EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/58, which will become effective on 31 August 2006.
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 framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety. One such regulation, established under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools for maintaining the continuing airworthiness of aircraft and ensuring compliance with international aviation standards. CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and, when necessary, issue corresponding ADs to enforce compliance. This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of States of Design and Registry for aircraft airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. This regulatory framework mandates CASA to assess and, when necessary, implement ADs issued by the State of Design, in this case, the European Union Aviation Safety Agency (EASA) for Airbus A330 aircraft. This process ensures that Australian-registered aircraft meet international safety standards as stipulated by the Convention on International Civil Aviation. The scope of the AD is confined to the specific types of aircraft identified by EASA and mandates that Australian AD/A330/58 becomes effective on 31 August 2006. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting the technical nature of the regulatory instrument and its alignment with international obligations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) (section 98, Civil Aviation Act 1988; regulation 39.001, Civil Aviation Safety Regulations 1998). An AD is a legislative instrument that is issued to ensure the continuing airworthiness of aircraft types, following the issuing authority's assessment of information provided by the aircraft's State of Design. This is in line with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and State of Registry in maintaining the airworthiness of aircraft. In the case of Airbus A330 aircraft, the European Aviation Safety Agency (EASA) is the State of Design, and CASA, as Australia’s national airworthiness authority, has assessed the AD issued by EASA and subsequently issued its own AD for Australian-registered aircraft of this type (AD/A330/58).
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other parties include ensuring the continuing airworthiness of aircraft registered in Australia. CASA must assess information provided by the State of Design and, if appropriate, issue an AD to mandate the requirements of the State of Design for Australian-registered aircraft. This process is carried out in accordance with subsection 84A(2) of the Act and involves the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office (regulation 39.001(5), Civil Aviation Safety Regulations 1998). The ADs are issued without public consultation as they are mandated by international agreements and are in response to ADs raised by the relevant State of Design.
Failure to comply with an AD issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various civil and criminal consequences. Civil penalties may include fines, while criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with airworthiness directives. The specific penalties are determined in accordance with the relevant provisions of the Civil Aviation Act 1988 and other applicable legislation. CASA is responsible for enforcing compliance with ADs and ensuring that the safety standards set out in these regulations are met.