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 Aviation Safety Authority (EASA) has issued AD 2007-0222R1 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/77, Amendment 1, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 Commonwealth Parliament, governs the regulation of civil aviation in Australia. It provides a framework for ensuring the safety and efficiency of civil aviation within the country, including the issuance of airworthiness directives to address safety issues. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the regulatory mechanisms for maintaining airworthiness standards. The introduction of this legislation addresses the need to ensure that aircraft operating in Australian airspace meet stringent safety standards, consistent with international obligations under the Convention on International Civil Aviation. This is achieved through the issuance of airworthiness directives, which are legislative instruments designed to mandate specific safety measures and compliance requirements for aircraft types registered in Australia. The Civil Aviation (Safety) Act empowers the Civil Aviation Safety Authority (CASA) to issue such directives in response to safety concerns identified by the aircraft's State of Design or other international regulatory bodies.
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. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This authority is exercised under the broader scope of the Civil Aviation Act 1988, which aims to ensure the safety of air navigation. The ADs are issued to ensure the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for providing necessary information to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is mandated to issue Australian ADs in response to ADs from States of Design, such as the European Aviation Safety Authority (EASA) for Airbus A330 models. This legislative framework extends its application nationally, covering all aircraft registered in Australia and ensuring compliance with international standards for aviation safety.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to create regulations that pertain to the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument as defined under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These airworthiness directives are crucial as they form the basis for ensuring the ongoing airworthiness of aircraft types, a responsibility ultimately falling on the State of Design as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these directives are multifaceted and significant. Firstly, the State of Design is mandated to provide any necessary information to ensure the continuing airworthiness of an aircraft type. This includes ensuring that any issued ADs are adequately communicated to the appropriate States of Registry. In the context of Australia, CASA, as the national airworthiness authority, is required to assess these directives from foreign entities like the European Aviation Safety Authority (EASA) and, if deemed necessary, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards. The State of Registry, in this case, CASA, must develop or adopt the necessary requirements to maintain the airworthiness of aircraft registered in Australia.
Failure to comply with the obligations and requirements set out in these airworthiness directives can lead to significant consequences. Although specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can result in severe penalties. These may include civil penalties for non-compliance with regulatory requirements, as well as criminal penalties for more severe breaches that endanger safety. The exact penalties can vary based on the severity and impact of the non-compliance, but the overarching principle is that adherence to these directives is mandatory to ensure the safety and airworthiness of aircraft.