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 EASA issued AD 2007-0188R1, affecting Airbus A330 aircraft, in 2007. Europe is the State of Design for Airbus A330 aircraft types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/A330/76 Amendment 1, will become effective on 26 July 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 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 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. Under section 98, the Governor-General is empowered to make regulations for the Act’s purposes, particularly focusing on the safety of air navigation. In 1998, the Civil Aviation Safety Regulations were established to provide further detail and mechanisms for ensuring safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001. The 1998 Regulations also establish that airworthiness directives are legislative instruments subject to disallowance and review processes. The Act aims to harmonise Australian civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under the Convention on International Civil Aviation. The objective is to maintain a consistent approach to airworthiness and safety, ensuring that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to ensure the safety of air navigation. The ADs are typically issued in response to obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. Consequently, when the European Union's aviation authority (EASA) issues an AD for a specific aircraft type, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. This regulatory mechanism ensures that all aircraft registered in Australia meet international safety standards. The ADs do not require consultation with the Australian public or a Regulatory Impact Statement as they are issued in direct response to international obligations. These directives are crucial in maintaining the safety and airworthiness of aircraft operating within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) as stipulated in section 98 and regulation 39.001 respectively. According to these provisions, the Governor-General, through the Civil Aviation Safety Authority (CASA), is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This process is governed under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003. Essentially, ADs serve as a critical mechanism for maintaining the airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily concern the State of Design and the State of Registry. The State of Design, in this context Europe for Airbus A330 aircraft, has the overarching responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. This obligation extends to disseminating ADs to the appropriate States of Registry. For Australia, the State of Registry, CASA must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft registered in Australia meet international safety standards.
In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for breach in this context. However, non-compliance with ADs can lead to significant safety risks, potentially resulting in severe penalties under other sections of the Act or related regulations. Failure to adhere to ADs could compromise the airworthiness of an aircraft, leading to potential accidents or incidents, and might also result in legal action under broader aviation safety laws. The issuance and compliance with ADs are thus critical to maintaining the safety and integrity of air navigation in Australia.