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 2008-0138 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/A330/90, which will become effective on 25 September 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 legal framework for ensuring the safety and efficiency of civil aviation within Australia. This legislation was introduced to address the need for comprehensive regulations to govern the aviation industry, ensuring both national and international safety standards are met. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further delineate the specific requirements and procedures for airworthiness and safety. One significant aspect of these regulations is the issuance of airworthiness directives (ADs), which are critical for maintaining the continuing airworthiness of aircraft as per international conventions such as the Convention on International Civil Aviation. These directives are issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, in response to safety concerns identified by the State of Design or other relevant authorities. The objective of these regulations is to align Australia's aviation safety practices with international standards, ensuring the safe operation of aircraft within and beyond Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) within Australia, ensuring the continuing airworthiness of aircraft registered in the country. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. The ADs align with international obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. CASA must issue an Australian AD if appropriate, when the State of Design issues an AD affecting aircraft registered in Australia. The ADs are issued without public consultation as they respond to international obligations and are not subject to a Regulatory Impact Statement. The issuance of ADs is a critical mechanism for maintaining safety standards in the aviation industry, and CASA issues these directives on behalf of the Australian government in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to establish regulations to ensure air navigation safety, while section 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, necessitating the provision of necessary information to States of Registry. These directives are pivotal for maintaining airworthiness and are typically issued by International Civil Aviation Organization (ICAO) Contracting States.
The State of Registry holds the primary responsibility for an individual aircraft’s continuing airworthiness, mandated by Annex 8, which requires the development or adoption of requisite airworthiness standards. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. In this context, the European Aviation Safety Authority (EASA) has issued AD 2008-0138 for Airbus A330 aircraft, representing the State of Design, France. CASA has reviewed this directive and subsequently issued Australian AD/A330/90, effective from 25 September 2008. Given that this AD is a response to international obligations under the Convention on International Civil Aviation and the issuance of an AD by the relevant State of Design, no public consultation was required. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
In accordance with the Civil Aviation Act 1988, the Manager, Airframes in the Airworthiness Engineering Branch, has issued the AD on behalf of CASA as mandated by subsection 84A(2) of the Act. The obligations imposed by this legislation include CASA’s duty to assess and potentially mandate ADs issued by foreign authorities, ensuring compliance with international standards and maintaining the safety of Australian registered aircraft. Additionally, the State of Registry must ensure the continuing airworthiness of aircraft through the development or adoption of necessary requirements. Failure to comply with these ADs can result in severe consequences. Civil penalties may be imposed for non-compliance with ADs, including fines up to $22,200 for individuals and $111,000 for corporations, as per section 12 of the Civil Aviation Act 1988. Furthermore, criminal penalties can apply, including fines up to $1,110,000 for corporations and imprisonment for up to five years for individuals, as stipulated under section 13 of the same Act. These stringent measures underscore the importance of adhering to airworthiness directives to maintain aviation safety standards.