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 2007-0247-E 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/A330/70, Amendment 1, which will become effective on 10 September 2007. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety of air navigation in Australia. The Act grants authority to the Governor-General to make regulations, including the issuing of airworthiness directives (ADs), which are integral for maintaining the safety and airworthiness of aircraft in accordance with international standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The Act aims to uphold the safety standards as mandated by the Convention on International Civil Aviation, ensuring that aircraft registered in Australia meet the required airworthiness standards set by the States of Design and Registry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the provisions of the Legislative Instruments Act 2003. The ADs serve to implement the continuing airworthiness requirements as per Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for the aircraft type's continuing airworthiness, and the State of Registry ensuring the individual aircraft's compliance. CASA, acting as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. For instance, following the European Aviation Safety Authority's issuance of AD 2007-0247-E for Airbus A330 model aircraft, CASA issued Australian AD/A330/70, Amendment 1, effective from 10 September 2007. The process for issuing such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as applied to airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998, require the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products to ensure safety. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for air navigation safety, while section 39.001(5) of the Civil Aviation Safety Regulations 1998 mandates that ADs are disallowable instruments, making them legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are critical in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the accompanying regulations on parties such as CASA, States of Design, and States of Registry are significant. The State of Design must issue ADs to ensure the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must assess these ADs and, if necessary, issue equivalent directives to enforce the same safety standards within its jurisdiction. This involves ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO) and adapting them to local regulations. The ADs serve as a direct communication from the regulatory authorities to the aircraft operators and maintenance organisations, mandating specific actions or checks to be performed on the aircraft.
Failure to comply with the requirements set out in the ADs can lead to serious consequences. Civil and criminal penalties may apply for non-compliance. Specifically, section 84A of the Civil Aviation Act 1988 outlines the penalties for non-compliance with airworthiness directives, which may include fines and imprisonment. The exact penalties can vary depending on the severity of the breach and the impact on safety, but they are designed to enforce strict adherence to safety regulations. Given the critical nature of air safety, these provisions and penalties are robust, ensuring that all parties involved prioritise the safety and airworthiness of aircraft.