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 2007-0125 affecting Airbus A330-200 and A330-300 aircraft. EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/74 which will become effective on 5 July 2007.
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 Acting 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 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that are essential for maintaining the safety of air navigation. One such 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. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, aimed at ensuring the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Act and its regulations address the need for a coordinated approach to aircraft safety, reflecting Australia's obligations under international agreements and the responsibilities of the State of Registry and State of Design in maintaining aircraft airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are applicable to specific kinds of aircraft or aeronautical products. These ADs are designed to ensure the safety of air navigation, and in accordance with subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, they are classified as disallowable instruments under the Acts Interpretation Act 1901. Moreover, as per section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments. This regulatory framework is underpinned by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and furnish necessary information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, assumes the responsibility of ensuring the continuing airworthiness of aircraft registered within its jurisdiction, thereby necessitating the issuance of Australian ADs in response to directives from States of Design, such as the European Aviation Safety Agency (EASA) in the case of Airbus A330-200 and A330-300 aircraft. This legislative process underscores the international obligations and cooperation necessary for maintaining global aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for airworthiness regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are significant for both CASA and aircraft operators. CASA, as Australia's national airworthiness authority, is mandated to assess information from the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards for continuing airworthiness. The State of Design, in this case the European Aviation Safety Agency (EASA) for Airbus A330-200 and A330-300 aircraft, must provide necessary information to ensure the ongoing airworthiness of the aircraft type. The State of Registry, which in this context is Australia, must then ensure that these ADs are implemented to maintain the airworthiness of registered aircraft.
Failure to comply with the ADs issued by CASA can lead to serious consequences. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that non-compliance with an AD can result in penalties. These can include civil penalties, such as fines, and criminal penalties, depending on the severity of the breach and the impact on safety. The maximum penalties for non-compliance can vary, but they are intended to enforce strict adherence to the airworthiness standards set forth by the regulations. CASA's enforcement actions are designed to ensure that aircraft continue to meet the necessary safety standards, thereby protecting the public and maintaining the integrity of the aviation system.
CASA’s process for issuing ADs, as evidenced by AD/A330/74, involves assessing information from the State of Design and issuing corresponding directives without public consultation, as determined by the Office of Regulatory Review. This process ensures that ADs are issued efficiently in response to international safety concerns without unnecessary delays. The AD is issued by the Acting Manager, Airframes, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act, ensuring that the authority and responsibility for such decisions are clearly delineated within CASA’s organisational structure.