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 2007-0278 affecting Airbus A330 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/69, 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, Systems and New Technologies 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 Commonwealth Parliament, addresses the need for comprehensive regulation to ensure the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their importance in maintaining the continuing airworthiness of aircraft. This regulatory framework aligns with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in ensuring aircraft airworthiness. CASA, as Australia’s national airworthiness authority, issues these directives to mandate safety requirements, as demonstrated in the case of the Airbus A330 model aircraft, where CASA issued AD/A330/69, Amendment 1, in response to an EASA directive, reflecting the necessity for a coordinated international approach to aviation safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia, with specific provisions for the issuance of airworthiness directives (ADs). Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The issuance of ADs is typically in response to requirements set by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type, and mandates that States of Registry adopt measures to ensure compliance. In the case of AD 2007-0278 issued by the European Aviation Safety Authority concerning Airbus A330 aircraft, CASA has issued a corresponding Australian AD to align with international standards and obligations under the Convention on International Civil Aviation. Given the international nature and technical specifics of these directives, they are not subject to public consultation or the need for a Regulatory Impact Statement. The ADs are developed and issued by CASA, reflecting Australia's commitment to international safety standards and obligations.
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 specific types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901, and is thus subject to the provisions of the Legislative Instruments Act 2003. These directives serve as a means to ensure the continuing airworthiness of aircraft types as stipulated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with the overarching responsibility for this aspect. The State of Registry, meanwhile, bears the responsibility for the ongoing airworthiness of individual aircraft.
Under these regulations, when a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) concerning Airbus A330 model aircraft, CASA must review and, if necessary, issue a corresponding Australian AD. This ensures compliance with the international standards set forth by the Convention on International Civil Aviation. The issuance of Australian AD/A330/69, Amendment 1, by CASA is a direct response to EASA's AD 2007-0278 and will become effective on 4 June 2009, replacing the previous directive.
The process of issuing an AD, as in the case of Australian AD/A330/69, Amendment 1, does not involve public consultation due to Australia's international obligations and the directive's origin from the State of Design. Furthermore, the Office of Best Practice Regulation has concluded that such ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Entities governed by these provisions are required to comply with the airworthiness directives issued by CASA, ensuring that all mandated requirements are met to maintain the airworthiness of aircraft. Failure to adhere to these directives can result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for non-compliance with airworthiness regulations can be substantial, reflecting the critical nature of ensuring the safety of air navigation.