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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/A330/67 Amdt 1 affecting Airbus Industrie A330 series aeroplanes. The EASA issued AD 2010-0024 on 12 February 2010 which supersedes the requirements of AD/A330/67 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these aircraft. The cancellation will become effective on 26 February 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulations governing air navigation and aircraft operations. Under this Act, the Civil Aviation Safety Regulations 1998 were formulated, which include provisions for issuing airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 39.001 of these regulations empowers CASA to mandate specific safety requirements for aircraft types and aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The enactment of this legislation was intended to harmonise Australia’s approach to airworthiness with international standards, ensuring that Australian aircraft meet the necessary safety benchmarks established by the International Civil Aviation Organization (ICAO). This approach helps maintain the safety of air navigation, both domestically and internationally, by aligning Australian practices with those of other ICAO Contracting States.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft and are mandated under Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This ensures that Australian aircraft meet the necessary safety standards. ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Notably, the cancellation of an AD, such as the CASA issued AD/A330/67 Amdt 1 for Airbus Industrie A330 series aeroplanes, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments according to section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation stipulates that the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft.
Entities governed by the Civil Aviation Act and the Civil Aviation Safety Regulations must comply with ADs issued by CASA. These directives outline specific safety requirements and maintenance actions that must be undertaken to maintain the airworthiness of aircraft. CASA is obligated to assess information from State of Design ADs and, if necessary, issue corresponding Australian ADs to enforce the requirements. In cases where ADs are issued by other regulatory authorities, such as the European Aviation Safety Agency (EASA) for aircraft designed by European states, CASA must also evaluate and potentially issue their own ADs to align with international safety standards.
Failure to comply with ADs can lead to serious consequences. Civil penalties can be imposed for non-compliance, and in extreme cases, criminal penalties may apply. The maximum penalties for breaches are outlined in the Civil Aviation Act and can include fines and imprisonment. The specific penalties depend on the nature and severity of the non-compliance. Additionally, non-compliance with ADs can result in the grounding of aircraft, which can have significant operational and financial repercussions for operators.
In the case of Airbus Industrie A330 series aeroplanes, CASA issued AD/A330/67 Amdt 1, but this was superseded and subsequently cancelled by EASA AD 2010-0024 on 12 February 2010. The cancellation became effective on 26 February 2010. It is important to note that while ADs are issued and enforced by regulatory authorities, they do not require public consultation or a Regulatory Impact Statement according to the Office of Best Practice Regulation. The AD cancellation process was conducted by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Act.