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 R1-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 2, which will become effective on 12 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 Parliament of Australia, addresses the overarching need for the regulation of civil aviation to ensure safety and efficiency within the national airspace. This legislation grants the Governor-General the authority to issue regulations conducive to air navigation safety, as per section 98. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products, as specified in regulation 39.001. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve to maintain the continuing airworthiness of aircraft and are essential for harmonising Australia’s aviation safety standards with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that Australian civil aviation practices align with international safety standards, thereby safeguarding the public and facilitating smooth international air travel.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for the regulation of airworthiness directives (ADs) within Australia, ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to enforce continuing airworthiness requirements, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. Specifically, CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design for aircraft types registered in Australia by evaluating and, if necessary, issuing corresponding Australian ADs. For instance, in response to the European Aviation Safety Authority's AD 2007-0247 R1-E for Airbus A330 model aircraft, CASA issued Australian AD/A330/70, Amendment 2, effective from 12 September 2007. This process ensures that Australian aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outline the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations primarily rest on CASA, which acts as Australia's national airworthiness authority. CASA is mandated to assess information from the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. If an AD is issued by the State of Design, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to ensure compliance with international safety standards. Additionally, the State of Registry must implement the requirements of the AD to maintain the continuing airworthiness of the individual aircraft registered in Australia.
Failure to comply with an airworthiness directive can result in significant consequences. The Civil Aviation Act 1988 includes provisions that outline offences and penalties for non-compliance. While the specific offences and penalties are not detailed in the provided text, it is understood that breaches of ADs can lead to civil or criminal penalties. Such penalties may include fines or imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties are usually stipulated in other sections of the Act or related legislation, but the overarching aim is to ensure that all stakeholders adhere to the safety requirements to prevent any risk to the public.
Given the international nature of aviation, ADs issued by CASA are often in response to directives from other States of Design, such as the European Aviation Safety Authority (EASA). In the case of EASA's AD 2007-0247 R1-E for Airbus A330 model aircraft, CASA has assessed and issued an Australian AD/A330/70, Amendment 2. This process underscores the collaborative approach to maintaining air safety standards globally. However, because these directives are issued under international obligations and in response to foreign ADs, there is no requirement for public consultation, as determined by the Office of Best Practice Regulation. This AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.