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 2008-0017R1 affecting A330 aircraft. France is the State of Design for this aircraft. CASA has amended the equivalent Australian AD to AD/A330/76 Amendment 3 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, 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, serves as the foundational statute for the regulation of civil aviation in Australia. It was introduced to ensure the safety and efficiency of civil aviation in Australia, providing the legal framework within which the Civil Aviation Safety Authority (CASA) operates. The Act enables CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to mandate safety requirements for aircraft and aeronautical products, thereby addressing the need for consistent and stringent airworthiness standards across the aviation industry. This legislative measure was crucial in aligning Australia’s civil aviation practices with international standards, particularly under the Convention on International Civil Aviation, and ensuring the continuing airworthiness of aircraft registered in Australia. The policy objective underpinning this Act is to protect the public and maintain high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the responsibility to the State of Design for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that these directives are assessed and, if necessary, implemented to comply with international standards. Exemptions or exclusions from these directives are not specified in the provided text, but the legislative framework allows for the adaptation of ADs in response to international safety requirements, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of aviation safety in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003 and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations imposed on CASA and other relevant entities by this legislation are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft to the States of Registry. In Australia, CASA, as the national airworthiness authority, must review this information and issue corresponding ADs to mandate the requirements of the State of Design. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must also develop or adopt requirements to ensure the safety of the aircraft within their jurisdiction.
Failure to comply with an AD can lead to serious consequences. Although the specific offences and penalties for breaching ADs are not detailed within the provided text, it is known that non-compliance with ADs can lead to safety risks, and potentially to both civil and criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, but they could include fines and, in severe cases, imprisonment. The importance of adhering to these directives cannot be overstated, as they are integral to maintaining the high safety standards required in civil aviation.
The AD process is also governed by international standards under Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of both the State of Design and the State of Registry. Given these international obligations, CASA's issuance of an AD is typically in direct response to an AD issued by the relevant State of Design. This process ensures that Australian aircraft meet international safety standards, thereby enhancing the overall safety of air navigation.