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 issued AD 2008-0017 affecting Airbus A330 aircraft. EASA acts on behalf of France which is the State of Design for this aircraft. CASA has amended the equivalent Australian AD to AD/A330/76 Amendment 2 which will become effective on 3 July 2008. 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, Systems 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 to ensure the safety of air navigation, empowers the Governor-General to create regulations that align with the Act's objectives. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as defined under regulation 39.001(5), are legislative instruments subject to disallowance. The legislative process for ADs is governed by the Legislative Instruments Act 2003. The ADs serve as a means for states to communicate continuing airworthiness requirements, with the State of Design bearing the primary responsibility for an aircraft type's ongoing airworthiness as per Annex 8 of the Convention on International Civil Aviation.
The ADs issued by CASA are in response to directives from the State of Design and are mandated by Australia's international obligations. For instance, following the issuance of AD 2008-0017 by the European Aviation Safety Agency (EASA) concerning Airbus A330 aircraft, CASA issued AD/A330/76 Amendment 2, which supersedes previous directives. This amendment reflects Australia's commitment to maintaining international standards and ensuring the safety of aircraft registered within its jurisdiction. Given that these directives are responses to international standards and do not require public consultation, they do not necessitate a Regulatory Impact Statement according to the Office of Best Practice Regulation. The ADs are issued by CASA under the authority granted by section 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these directives is national, applying to all aircraft registered in Australia, regardless of where they are manufactured. The ADs are issued in response to obligations under the Convention on International Civil Aviation, particularly concerning continuing airworthiness, where the State of Design and the State of Registry both have responsibilities. In the case of Airbus A330 aircraft, CASA issues Australian ADs in response to directives from the European Aviation Safety Agency (EASA), which acts on behalf of the State of Design, France. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by CASA in accordance with the Civil Aviation Act 1988 and reflect the obligations and standards set forth by international civil aviation agreements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that safeguard the safety of air navigation. Within the Civil Aviation Safety Regulations 1998, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives play a critical role in maintaining the continuing airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design, which in this context refers to the country where the aircraft type is designed, is responsible for ensuring the ongoing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
In the case of the EASA issuing AD 2008-0017 concerning Airbus A330 aircraft, CASA amended the Australian equivalent AD to AD/A330/76 Amendment 2, which became effective on 3 July 2008. This AD cancels and replaces the previous issue. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and is a response to an AD raised by the relevant State of Design, there has been no consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Offences and penalties related to the non-compliance with airworthiness directives are significant, given their importance to aviation safety. Failure to comply with an AD can lead to severe civil and criminal consequences. Civil penalties can include fines and other sanctions, while criminal penalties may include imprisonment or substantial fines, depending on the severity of the breach and its impact on aviation safety. The maximum penalties are not explicitly stated in the provided text, but they can be found in other sections of the Civil Aviation Act 1988 and related regulations.