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 2008-0026 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 2, which will become effective on 10 April 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, 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 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation and to fulfil Australia’s obligations under the Convention on International Civil Aviation. The Act provides the framework for the Civil Aviation Safety Authority (CASA) to issue regulations and directives necessary for maintaining airworthiness and safety standards. The problem or gap addressed by this legislation includes the need for a structured and authoritative approach to managing the airworthiness of aircraft registered in Australia, in line with international standards and obligations. Enacted by the Australian Parliament, the policy objective of the Civil Aviation Act 1988 is to ensure the safety and efficiency of civil aviation, protecting the public from aviation risks. The Act empowers CASA to issue airworthiness directives in response to directives issued by the State of Design, ensuring that Australian-registered aircraft meet continuing airworthiness standards as required by international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, considered legislative instruments, are essential for maintaining the safety standards of air navigation. The regulations mandate that CASA, as Australia's national airworthiness authority, assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation and Annex 8, which stipulates the State of Design’s responsibility for the continuing airworthiness of an aircraft type. For instance, in response to EASA's AD 2008-0026 concerning Airbus A330 model aircraft, CASA issued Australian AD/A330/77, Amendment 2, effective from 10 April 2008. This AD, issued under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, replaces the previous directive and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Under section 98, the Governor-General has the authority to create regulations in the interest of air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties involved are quite specific. The State of Design, such as France for the Airbus A330, holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply any necessary information to ensure this. The State of Registry, in this case CASA for Australia, is tasked with assessing the information provided by the State of Design and, if necessary, issuing an AD to enforce the requirements within its jurisdiction. This ensures that all aircraft registered in Australia comply with international standards for airworthiness.
The consequences of non-compliance with the ADs are significant and can result in both civil and criminal penalties. While the specific offences and penalties are not detailed in the provided text, it is clear that failing to adhere to an AD could result in legal action. The severity of these consequences can vary, but in general, non-compliance with safety regulations can lead to fines, suspension of aircraft operation certificates, or even imprisonment, depending on the nature and extent of the breach. These measures underscore the importance of adhering to ADs to maintain safety standards in aviation.