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 2007-0188-E affecting AIRBUS A330 aircraft. EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/76, which will become effective on 16 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, 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 Commonwealth Parliament, aims to regulate civil aviation and ensure the safety of air navigation within Australia. This legislation provides the framework for the issuance of regulations to promote the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, include provisions for the issuance of airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is responsible for ensuring that these ADs are issued in compliance with international standards and in response to directives from the State of Design, which in this case is the European Aviation Safety Agency (EASA) for Airbus A330 aircraft. The objective of this legislative framework is to ensure that all aircraft operating within Australia meet the necessary safety standards, aligning with international obligations under the Convention on International Civil Aviation.
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 types of aircraft or aeronautical products, as part of its mandate to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. The Civil Aviation Act 1988 facilitates the issuance of these directives to maintain the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A330 aircraft, is responsible for issuing ADs based on their design specifications, while the State of Registry, in this case CASA for Australian-registered aircraft, must assess and implement these directives. Exemptions or exclusions from these regulations are not specified in the text, and the geographic reach applies to all aircraft within Australia's jurisdiction. The ADs extend application through subordinate instruments, ensuring that regulatory requirements are uniformly enforced across the national aviation sector.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to enact regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Obligations under this legislation primarily fall on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs in response to ADs from the State of Design. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and must implement the requirements set out in any ADs issued by CASA. Additionally, under Annex 8 to the Convention on International Civil Aviation, the State of Design has a responsibility to provide necessary information to maintain the airworthiness of an aircraft type.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of the ADs themselves in the provided text. However, failure to comply with an airworthiness directive could lead to significant consequences, such as grounding of the aircraft, which would indirectly result in substantial operational and financial penalties for the aircraft operator. It is worth noting that the issuing of these ADs is mandated by international conventions, and thus, public consultation or a Regulatory Impact Statement is not required for their creation.