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 2007-0284 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/A330/82, which will become effective on 17 January 2008.
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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments issued to mandate safety requirements for specific aircraft types or aeronautical products. The Civil Aviation (Safety) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs, which are subject to disallowance under the Acts Interpretation Act 1901 and considered legislative instruments under the Legislative Instruments Act 2003. Australia’s adherence to the Convention on International Civil Aviation, particularly Annex 8, obligates the State of Registry to ensure the continuing airworthiness of aircraft, often through the adoption of ADs issued by the State of Design. In this context, CASA assesses foreign ADs, such as EASA's AD 2007-0284 for Airbus A330 aircraft, and issues corresponding Australian ADs as necessary, ensuring compliance with international standards without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, provide a framework for ensuring the safety of air navigation within Australia. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003. The issuance of ADs is driven by the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, acting on behalf of Australia, assesses airworthiness directives issued by the State of Design and, when necessary, issues corresponding Australian ADs to enforce the required safety measures. This process is exemplified by CASA’s issuance of Australian AD/A330/82 in response to EASA’s AD 2007-0284 for Airbus A330 model aircraft, which is effective from 17 January 2008. Given that these directives are issued pursuant to Australia’s international obligations and in response to directives from the relevant State of Design, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations that serve the interests of air navigation safety. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, which means it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The Act and its regulations impose certain obligations on the parties involved. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the ongoing airworthiness of that aircraft type. This includes providing necessary information to the States of Registry to maintain airworthiness. Each State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in their jurisdiction. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must review the information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. Specifically, section 31 of the Act stipulates that any person who contravenes a regulation or an AD is subject to a civil penalty. The maximum penalty for an individual is a fine of up to $22,200, while for a body corporate, the fine can be as high as $222,000. In addition to financial penalties, non-compliance can also lead to criminal charges, resulting in imprisonment for up to two years. These provisions are designed to ensure that all stakeholders adhere to the safety standards mandated by the Act and its regulations.