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 2008-0101 affecting Airbus A330 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/88, which will become effective on 28 August 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, Systems and New Technologies 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 ensure the safety of air navigation and to establish the framework for civil aviation safety regulations in Australia. The Act provides the authority for the Governor-General to make regulations, including airworthiness directives (ADs), under section 98, which are intended to maintain the safety standards of aircraft and aeronautical products. Complementing this, the Civil Aviation Safety Regulations 1998 further elaborate on the regulatory mechanisms, with regulation 39.001 authorising the Civil Aviation Safety Authority (CASA) to issue ADs. These directives are considered legislative instruments and are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act aims to align Australia's aviation safety practices with international standards, as outlined in the Convention on International Civil Aviation, thereby ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, applies to all aircraft, aeronautical products, and related activities within Australian territory, establishing a comprehensive framework for airworthiness and safety regulations. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, with these directives being legislative instruments subject to disallowance and review processes. ADs are typically issued in response to international obligations and directives from the State of Design, such as those from the European Aviation Safety Authority (EASA) for aircraft like the Airbus A330 series. The State of Registry, in this case CASA, has the responsibility to assess and, if necessary, issue corresponding Australian ADs to maintain compliance with international standards and ensure the continuing airworthiness of aircraft registered in Australia. These ADs are issued without public consultation as they are direct responses to international directives and obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of this piece of legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act, specifically focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) explicitly states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act are primarily on CASA, Australia’s national airworthiness authority. CASA must ensure the continuing airworthiness of aircraft on the Australian Register by assessing information provided by the State of Design and issuing appropriate Australian ADs if necessary. This is in line with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type and requiring it to provide necessary information to the States of Registry. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft.
There are no direct offences, penalties, or civil/criminal consequences specified within this particular piece of legislation for breaches of ADs. However, non-compliance with ADs can result in severe safety risks, potentially leading to aircraft being grounded until the necessary actions are taken to ensure compliance. The issuing of an AD by CASA is a regulatory measure aimed at maintaining safety standards and ensuring that any identified issues with aircraft airworthiness are addressed promptly and effectively. The legislation underscores the importance of adhering to these directives to uphold the highest safety standards in air navigation.