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 2006-0315 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/A330/67, which will become effective on 21 December 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 Parliament of Australia, serves to regulate the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to create regulations that ensure the safety of air navigation, as demonstrated by the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further facilitate this by allowing the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. These airworthiness directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective is to align with international standards, specifically Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design and the State of Registry collaborate to maintain the airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is tasked with issuing Australian ADs in response to directives from the State of Design, thereby fulfilling Australia's international obligations without the need for public consultation.
Scope and Application
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, aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft's ongoing compliance with airworthiness standards. In the instance of the European Aviation Safety Authority's AD 2006-0315 concerning Airbus A330 model aircraft, CASA has issued Australian AD/A330/67 in response to this directive, effective from 21 December 2006. Given that these ADs are issued in response to international obligations and do not necessitate public consultation or a Regulatory Impact Statement, the process by which they are issued is streamlined and focused on maintaining safety standards in alignment with international civil aviation conventions.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This process is critical to ensuring the continuing airworthiness of aircraft and maintaining safety standards in accordance with international obligations. Under subregulation 39.001(5), an AD is considered a disallowable instrument, and thus a legislative instrument, under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations placed on the State of Design, such as France for Airbus A330 models, are to provide necessary information to ensure the continuing airworthiness of their aircraft types. This includes issuing ADs when required. Conversely, the State of Registry, in this case Australia, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce these requirements.
Failure to comply with an airworthiness directive can result in significant civil and criminal consequences. Although specific penalties are not detailed within the provided text, non-compliance with ADs can generally lead to enforcement actions by CASA, including fines, suspension of airworthiness certificates, and potential criminal charges if the non-compliance results in a safety incident. It is essential that all stakeholders adhere to the ADs to maintain the highest safety standards and avoid legal repercussions.
Additionally, the AD process is designed to align with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation. This ensures a consistent approach to airworthiness management across different countries, thereby enhancing global aviation safety. CASA’s role in assessing and issuing ADs reflects its commitment to these international standards and its responsibility to protect the safety of air navigation within Australia.