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 EASA has issued AD 2006-0313 affecting Airbus A330 Series aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/68, 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, New Technologies and Systems, 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 was enacted to provide for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective is to align Australian civil aviation practices with international standards and ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, assessing and issuing ADs in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA), to comply with Australia’s obligations under the Convention on International Civil Aviation. The ADs are considered legislative instruments and are issued without public consultation as they respond to international safety mandates.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, particularly concerning the continuing airworthiness of aircraft and aeronautical products. These directives apply to specific types of aircraft or aeronautical products registered in Australia and are mandatory for compliance. The authority to issue ADs stems from the overarching responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD for aircraft types registered in Australia, CASA must assess and, if appropriate, issue corresponding Australian ADs to enforce the requirements. This process ensures alignment with international obligations and standards. ADs, being legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901, and their issuance does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are vital for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry is then required to develop or adopt requirements to ensure the ongoing airworthiness of the aircraft in their jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements for aircraft registered in Australia.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations regarding airworthiness directives. For instance, CASA must assess any ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA), and determine if an Australian AD is needed. When an AD is issued by EASA for Airbus A330 Series aircraft, CASA, as Australia’s national airworthiness authority, must review the directive and, if appropriate, issue a corresponding Australian AD. This ensures that aircraft registered in Australia comply with the continuing airworthiness requirements mandated by the State of Design. Additionally, the State of Registry, which in this case is Australia, must implement and enforce the ADs to ensure the safety and airworthiness of the aircraft operating within its jurisdiction. Compliance with these ADs is critical for maintaining the safety standards required under the Convention on International Civil Aviation.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to civil penalties. The specific penalties may vary depending on the nature and severity of the breach but can include fines and other financial penalties. In more serious cases, persistent non-compliance or deliberate disregard of ADs can result in criminal charges, leading to imprisonment. The exact penalties are not specified in the text, but they are likely to be commensurate with the severity of the breach and the impact on aviation safety. It is important for all parties involved, including aircraft operators, maintenance organisations, and regulatory authorities, to adhere strictly to the ADs to avoid these potential legal and financial repercussions.