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 2007-0314 R1 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/A330/86, Amendment 1, 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, enacted by the Australian Parliament, addresses various aspects of civil aviation safety, with the overarching goal of ensuring the safety of air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations to achieve these safety objectives. The Civil Aviation Safety Regulations 1998, made under this Act, further detail the regulatory framework, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate safety requirements for aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. This particular AD, issued by CASA in response to an AD from the European Aviation Safety Authority concerning Airbus A330 model aircraft, ensures compliance with international safety obligations and replaces a previous directive, reflecting ongoing efforts to maintain safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, with the primary objective of ensuring the safety of air navigation. This legislation applies to all aircraft registered in Australia, their operators, and relevant entities responsible for maintaining the airworthiness of these aircraft. Geographically, the legislation has a national reach, operating within the framework of Australia's obligations under the Convention on International Civil Aviation, as well as adhering to international standards set by bodies such as the European Aviation Safety Authority (EASA). The ADs are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, in response to directives from the State of Design or based on CASA's own assessments. These directives mandate specific actions or modifications to aircraft to ensure compliance with safety standards. Importantly, ADs are considered legislative instruments and are subject to disallowance procedures under the Acts Interpretation Act 1901. Exemptions or exclusions from the application of these ADs are not specified in the provided text, implying that the directives apply broadly to all relevant aircraft within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interest of the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs impose obligations on the parties and entities they govern, primarily focusing on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft was originally designed, has the responsibility to provide necessary information to maintain airworthiness, as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure that individual aircraft maintain their airworthiness. In Australia, CASA, as the national airworthiness authority, must assess ADs issued by States of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements of the original AD.
Failure to comply with ADs can result in various consequences. The Act and Regulations do not explicitly outline specific offences or penalties for non-compliance with ADs. However, non-compliance with ADs can lead to safety risks, which could result in enforcement actions by CASA. These actions might include administrative penalties, grounding of aircraft, or other regulatory measures intended to ensure compliance and maintain safety standards. The exact penalties or consequences for non-compliance would depend on the specific circumstances and the discretion of CASA in enforcing the regulations.