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 EASA issued AD 2007-0070 affecting AIRBUS A330 aircraft. The EASA is the State of Design for AIRBUS A330 aircraft. CASA has amended the equivalent Australian AD to AD/A330/9 Amendment 4. The amended AD will become effective on 7 June 2007. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a legal framework for ensuring the safety and efficiency of civil aviation within Australia. In response to the need for harmonising airworthiness standards with international practices and ensuring the safety of air navigation, the Act empowers the Governor-General to make regulations under section 98, which are instrumental in maintaining and improving civil aviation safety. The Civil Aviation Safety Regulations 1998 further detail the regulatory process, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments, as defined under the Legislative Instruments Act 2003, and serve as critical tools for enforcing continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation. The policy objective is to ensure that all aircraft meet stringent safety standards, both domestically and in accordance with international agreements, thereby protecting public safety and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General can enact regulations that are aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, making these directives a legislative instrument under the Legislative Instruments Act 2003. This legislation applies to all aircraft registered in Australia, irrespective of whether they are operating domestically or internationally, and extends to the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the European Union Aviation Safety Agency (EASA) for Airbus A330 aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type, and CASA must issue corresponding ADs in Australia if required. These ADs do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are classified as disallowable instruments under the Acts Interpretation Act 1901 and recognised as legislative instruments under the Legislative Instruments Act 2003, serve as crucial tools for ensuring the ongoing airworthiness of aircraft in compliance with international standards. Specifically, the AD issued for AIRBUS A330 aircraft, known as AD/A330/9 Amendment 4, responds to AD 2007-0070 issued by the European Aviation Safety Agency (EASA), the State of Design for this aircraft type. This Australian AD, effective from 7 June 2007, cancels and replaces previous versions, emphasising CASA's commitment to safety and regulatory alignment with international standards.
The obligations placed on the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, mandate that they provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which for Australian-registered aircraft is CASA, must then evaluate this information and, if necessary, issue a corresponding AD to enforce the design state's requirements. This collaborative approach ensures that all relevant parties are informed and compliant with safety standards, maintaining high levels of safety in civil aviation.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence that can result in substantial penalties. The maximum fines and imprisonment terms are specified within the regulatory framework and can vary depending on the severity and frequency of the breach. These legal repercussions underscore the critical importance of adhering to ADs to ensure the safety and airworthiness of aircraft.
Additionally, CASA has determined that public consultation is not required for ADs such as this, as they are issued under international obligations and in response to directives from the State of Design. The Office of Regulatory Review has also concluded that a Regulatory Impact Statement is not necessary for this AD. This decision reflects the urgent and necessary nature of ADs in maintaining air safety standards and the streamlined process by which they are issued and implemented.