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 2008-0153 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/A330/91, 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that are crucial for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. This legislative arrangement is designed to ensure that Australia meets its international obligations under the Convention on International Civil Aviation, particularly those related to the continuing airworthiness of aircraft. The policy objective is to maintain high standards of safety in civil aviation by implementing necessary regulatory measures, including the issuance of ADs in response to safety concerns identified by the State of Design or other relevant authorities, such as the European Aviation Safety Agency (EASA).
Scope and Application
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives serve to mandate safety requirements and are integral to ensuring the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, has the responsibility of ensuring that the aircraft meet the necessary safety standards. These ADs are legislative instruments that have been designed to align with international standards and practices, thereby facilitating a cohesive approach to aircraft safety across different jurisdictions. The geographic reach of these directives is national, encompassing all aircraft registered in Australia, and they extend their influence through international agreements and obligations under the Convention on International Civil Aviation. The issuance of ADs does not necessitate public consultation, as determined by the Office of Best Practice Regulation, and they are exempt from the requirement for a Regulatory Impact Statement. The ADs are issued on behalf of CASA by authorised personnel within the Airworthiness Engineering Branch, adhering to the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The main provisions of the Civil Aviation Safety Regulations 1998 (CASR) relevant to airworthiness directives (ADs) are found in regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (CASR 39.001). This regulation is underpinned by the authority granted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (Civil Aviation Act 1988 s 98). Additionally, subregulation 39.001(5) of the CASR stipulates that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions on parties and entities include ensuring that the State of Design provides necessary information to maintain the continuing airworthiness of aircraft types, and that the State of Registry, in this case CASA, assesses and issues appropriate ADs as needed. Specifically, CASA must evaluate any AD issued by the State of Design, such as the European Aviation Safety Authority (EASA) for the Airbus A330 model aircraft, and, if necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft comply with international standards and maintain their airworthiness, as required by Annex 8 to the Convention on International Civil Aviation.
The legislation also outlines the consequences of non-compliance with ADs. While the specific penalties are not detailed in the provided text, breaches of regulations under the Civil Aviation Act 1988 can result in both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment or substantial fines, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined by the relevant courts when adjudicating on cases of non-compliance with ADs.