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.
EASA has issued AD 2009-0102 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/A330/61. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the original unsafe condition has been corrected by AD/A330/31 Amendment 4.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, establishing the Civil Aviation Safety Authority (CASA) and providing a legal framework for the safety and regulation of civil aviation activities. The Act empowers CASA to issue airworthiness directives (ADs) to ensure the safety of air navigation, as per section 98. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing ADs, such as in regulation 39.001. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The policy objective behind these regulations is to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for ensuring aircraft safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the regulatory framework within which airworthiness directives (ADs) are issued to ensure the safety of aircraft in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, thereby imposing mandatory safety requirements. The ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the obligations of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate foreign ADs, such as those issued by the European Aviation Safety Agency (EASA), and issue corresponding Australian ADs when necessary, or cancel existing ones if they become redundant due to corrective measures by the State of Design. In this specific case, the cancellation of an Australian AD for the Airbus A330 model aircraft reflects CASA's adherence to international standards and obligations under the Convention, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (Act) and the Civil Aviation Safety Regulations 1998 (Regulations) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Regulations allows CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory structure ensures that CASA can respond to safety concerns by mandating necessary actions for the continuing airworthiness of aircraft.
The obligations imposed by these regulations on CASA and the aviation industry are significant. CASA, as Australia’s national airworthiness authority, must carefully assess ADs issued by the State of Design, such as EASA’s AD 2009-0102 for the Airbus A330, to determine their applicability to aircraft registered in Australia. When an AD is issued by the State of Design, CASA must evaluate the information and, if appropriate, issue a corresponding Australian AD to enforce the safety requirements. The State of Registry, in this case, Australia, is responsible for ensuring the continuing airworthiness of the aircraft and must develop or adopt requirements to meet these obligations. These processes are essential for maintaining the safety standards of aircraft operating within Australia.
Failure to comply with the requirements set out in an AD can lead to severe consequences. Under section 84A of the Act, non-compliance with an AD is an offence. This means that operators, manufacturers, or other entities subject to the AD must adhere to the specified safety measures. The penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach. For instance, if an operator fails to address an unsafe condition mandated by an AD, they could face significant legal and financial penalties. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.
In the specific case of the cancellation of Australian AD/A330/61 due to the issuance of EASA’s AD 2009-0102, no public consultation was required as it was in response to an AD from the State of Design, France. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This decision was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. These provisions ensure that CASA can efficiently respond to international safety directives while maintaining the safety and integrity of Australia’s aviation sector.