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 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, which will become effective on 13 March 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, enacted by the Australian Parliament, provides the legislative framework for regulating civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. One of the mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, issues these directives to mandate requirements for the continuing airworthiness of aircraft. This process is integral to Australia's compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness and necessitates the provision of necessary information to States of Registry. CASA's issuance of Australian ADs, such as AD/A330/86 in response to EASA's AD 2007-0314, underscores its role in ensuring that Australian aircraft meet international safety standards, without the need for public consultation due to the nature of these directives.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, ensuring compliance with safety standards in the interests of air navigation safety. This legislative framework applies to all entities involved in the operation of aircraft within Australia, including aircraft owners, operators, and manufacturers. The regulations extend nationally and align with international standards set by the International Civil Aviation Organization (ICAO), particularly through Annex 8 which outlines continuing airworthiness responsibilities. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry, in this case CASA, must adopt and enforce the directives to maintain safety standards. The issuance of ADs, such as AD/A330/86 in response to EASA's AD 2007-03-14, is governed by these regulations without the necessity for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are legislative instruments and disallowable under the Acts Interpretation Act 1901, highlighting their formal and binding nature in ensuring aviation safety.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the obligations imposed by Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type. This involves providing necessary information to States of Registry to ensure the continued airworthiness of the aircraft type. The State of Registry, in turn, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations extend to the European Aviation Safety Authority (EASA), which has issued AD 2007-0314 concerning Airbus A330 model aircraft. As France, the State of Design, acts on behalf of EASA, CASA has reviewed this AD and issued Australian AD/A330/86, which will take effect on 13 March 2008. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there has been no public consultation on this AD. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Regarding civil and criminal consequences, the Act and the Regulations do not explicitly detail specific penalties for breaches of ADs. However, non-compliance with ADs can result in significant safety risks and could lead to enforcement actions by CASA, potentially including fines and other regulatory penalties. These consequences are in line with the overarching goal of the Civil Aviation Act 1988 to ensure the safety of air navigation.