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 French DGAC has issued AD 2006-0315 R1 affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/67, Amendment 1, which will become effective on
4 June 2009. 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, 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, enacted by the Australian Parliament, was introduced to establish a comprehensive regulatory framework ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations, as highlighted in section 98, to cater to the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. Such directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. The policy objective of this regulatory approach is to align Australian civil aviation practices with international standards and obligations, particularly under the Convention on International Civil Aviation, while ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft and aeronautical products to ensure safety in air navigation. These ADs, as legislative instruments, apply to the entities responsible for the continuing airworthiness of aircraft registered in Australia, particularly the State of Registry. This regulation is part of Australia's commitment to international civil aviation standards as outlined in Annex 8 of the Convention on International Civil Aviation. In instances where a State of Design, such as France for the Airbus A330 model, issues an AD, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD to enforce the same safety measures. The issuance of these ADs does not involve public consultation or require a Regulatory Impact Statement, as they are directly in response to international obligations and assessments by CASA. The ADs are issued by authorised CASA personnel in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of this legislation detail the process and authority for issuing airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation primarily concern the continuing airworthiness of aircraft. The State of Design, in this case, France, has the overarching responsibility for the continuing airworthiness of the Airbus A330 model aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. France must provide any necessary information to ensure the airworthiness of this type to the States of Registry, which include Australia. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. In this case, CASA has assessed the French AD 2006-0315 R1 and issued the Australian AD/A330/67, Amendment 1, effective from 4 June 2009.
The legislation also outlines the consequences for breaches of ADs. Although the specific penalties for non-compliance are not detailed in the provided text, it is implied that failure to adhere to ADs could lead to safety risks and potential legal repercussions. In general, non-compliance with ADs can result in serious civil or criminal penalties, including fines and imprisonment, as these directives are critical for maintaining the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The severity of the penalties would depend on the nature and extent of the breach, but the overarching aim is to ensure that all aircraft operate within safe and compliant parameters.