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 2006-0107 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/60, which will become effective on 28 September 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, Airframes 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, serves to regulate civil aviation in Australia and ensure the safety of air navigation. It provides the legislative framework for the Civil Aviation Safety Regulations 1998, which were made under section 98 of the Act and are aimed at maintaining and enhancing aviation safety. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. This mechanism was introduced to address the need for consistent and internationally aligned standards in ensuring the continuing airworthiness of aircraft, particularly in response to directives issued by the State of Design of an aircraft type, such as the Airbus A330 model in this instance. The issuance of such ADs is mandated by Australia’s obligations under the Convention on International Civil Aviation and ensures compliance with international standards, thereby safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In response to such international directives, CASA, as Australia's national airworthiness authority, assesses the necessity and appropriateness of issuing an Australian AD. For instance, in response to EASA's AD 2006-0107 concerning Airbus A330 model aircraft, CASA issued Australian AD/A330/60, which will become effective on 28 September 2006. Given the international obligations and the direct response to State of Design directives, these ADs are issued without public consultation and do not require a Regulatory Impact Statement. This AD applies to the entities and individuals responsible for the operation and maintenance of affected aircraft within Australia, ensuring compliance with national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, specifically section 98 and regulation 39.001, establish the framework for the issuance of airworthiness directives (ADs). Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA, as the national airworthiness authority, to assess any ADs issued by the State of Design that pertain to aircraft types registered in Australia. This involves ensuring that the ADs are appropriate and necessary for maintaining the continuing airworthiness of the aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must implement the ADs to ensure that the aircraft meet the necessary safety standards.
In the case of the Airbus A330 model aircraft, the European Aviation Safety Authority (EASA) issued AD 2006-0107. As the State of Design for the Airbus A330, France, via EASA, issued this AD. CASA, acting as Australia's State of Registry, has reviewed the directive and issued Australian AD/A330/60, effective from 28 September 2006. This process ensures that the Australian civil aviation system aligns with international standards and obligations under the Convention on International Civil Aviation.
There are no public consultations or Regulatory Impact Statements required for these ADs because they are issued in response to international obligations and the issuing State of Design's ADs. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, has made this AD in accordance with subsection 84A(2) of the Act. Failure to comply with the ADs can result in civil or criminal penalties, depending on the severity of the non-compliance and the specific regulations governing the situation.