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 2007-0166 affecting AIRBUS A330 aircraft. EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/75, which will become effective on 30 August 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, 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, enacted by the Parliament of Australia, provides the legal framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to ensure that aircraft registered in Australia meet international safety standards as per the Convention on International Civil Aviation, particularly through the coordination with the State of Design and State of Registry to maintain airworthiness. CASA, as Australia's national airworthiness authority, issues Australian ADs in response to directives from the relevant State of Design, such as the European Aviation Safety Agency (EASA), ensuring compliance with international obligations and Australian safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The ADs serve as legislative instruments in line with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft types and are mandated by international standards set out in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A330 aircraft, issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design. This process underscores the international cooperation required to maintain aviation safety standards and ensures that Australian aircraft comply with global safety directives. The ADs are issued under Australia's obligations to the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together provide the authority for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Act empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the ability to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
Under these provisions, CASA, as the national airworthiness authority, has a responsibility to ensure the continuing airworthiness of aircraft on the Australian Register. This includes assessing information provided by the State of Design, such as the European Union Aviation Safety Agency (EASA) in the case of Airbus A330 aircraft, and issuing corresponding ADs where necessary to mandate the requirements of the State of Design. This is particularly important under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry.
The obligations imposed by these regulations require CASA to closely monitor and respond to ADs issued by other States of Design. In the case of AD 2007-0166 issued by EASA, CASA assessed the information and issued Australian AD/A330/75, effective from 30 August 2007. This AD is a direct result of Australia’s international obligations and is issued in response to an AD by the relevant State of Design. Such obligations are critical to maintaining safety standards in accordance with international conventions.
There are no specific offences, penalties, or consequences outlined in the text for breaching these ADs, but it is implied that non-compliance with airworthiness directives could result in significant safety risks, potentially leading to enforcement actions by CASA or other regulatory bodies. Given the critical nature of airworthiness directives, failure to comply with these directives could result in severe civil or criminal penalties, including fines or imprisonment, as typically provided under aviation safety legislation.