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 2006-0196 affecting Airbus A330 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/59, 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 ensure the safety and efficiency of civil aviation in Australia. It grants the Governor-General the authority to make regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design is responsible for issuing ADs for aircraft types, while the State of Registry, in this case the Civil Aviation Safety Authority (CASA), must ensure that Australian-registered aircraft comply with these directives. The recent issuance of AD/A330/59 by CASA for Airbus A330 aircraft follows a similar directive by the European Aviation Safety Agency (EASA) and reflects Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 are made, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003 and are intended to ensure the safety of air navigation. The authority to issue ADs is rooted in section 98 of the Civil Aviation Act 1988, empowering CASA to mandate compliance with continuing airworthiness requirements. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, which in Australia is CASA, must implement or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register. Consequently, when a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD for a type of aircraft registered in Australia, CASA is obligated to assess this information and issue a corresponding Australian AD if appropriate. This process ensures that Australian aircraft comply with international safety standards. Notably, ADs such as AD 2006-0196 from EASA concerning Airbus A330 model aircraft are issued under Australia's obligations under the Convention on International Civil Aviation and do not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which in this case is the European Aviation Safety Agency (EASA), has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. For Australia, CASA, as the national airworthiness authority, must assess the information provided by EASA and, if deemed necessary, issue an Australian AD. This ensures that the continuing airworthiness requirements set by the State of Design are appropriately enforced within Australia.
In the context of the Airbus A330 model aircraft, the EASA has issued AD 2006-0196, which CASA has assessed and subsequently issued as Australian AD/A330/59. This Australian AD will become effective on 31 August 2006, mandating specific requirements for the continuing airworthiness of Airbus A330 aircraft registered in Australia. Given the international nature of this directive, no public consultation was required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is unnecessary. The AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
There are potential consequences for non-compliance with these ADs. While the specific civil or criminal penalties are not detailed in the provided text, it is understood that failure to adhere to the mandated airworthiness requirements can result in significant legal repercussions. The precise penalties would depend on the nature and severity of the non-compliance, but they could include fines, suspension of airworthiness certificates, or other regulatory actions to ensure compliance with safety standards.