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 2008-0161R1 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/A330/92, Amendment 1, which will become effective on 7 May 2009. 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 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 Group, 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, governs the regulation of civil aviation and aims to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to further detail the requirements for maintaining airworthiness of aircraft. The Act empowers the issuance of airworthiness directives (ADs) to address specific safety concerns with aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft types and are issued by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. This legislative framework is designed to align with international standards set forth by the Convention on International Civil Aviation, ensuring that Australia meets its obligations to ensure the safety of air navigation both domestically and internationally. The policy objective is to mandate the requirements of the State of Design when issuing Australian ADs, ensuring that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, establish the framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and maintaining the continuing airworthiness of aircraft registered in Australia. Such directives are legislative instruments subject to disallowance and are crafted in accordance with Australia's international obligations under the Convention on International Civil Aviation. This regulatory process does not require public consultation or a Regulatory Impact Statement, as the ADs are a response to international safety directives issued by the State of Design. CASA's role is to assess these international directives and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures within the Australian aviation sector.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations in the interest of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) further specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act and its regulations on parties, particularly CASA, include the responsibility to assess ADs issued by the State of Design and to issue corresponding Australian ADs where necessary. This ensures the continuing airworthiness of aircraft registered in Australia. The State of Design, such as France for Airbus A330 series aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case CASA, must then develop or adopt appropriate requirements to maintain the airworthiness of the aircraft.
Non-compliance with airworthiness directives can result in serious consequences. Although specific offences and penalties are not detailed in the provided text, violations of airworthiness regulations generally attract substantial penalties. These can include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the relevant legislation. The effectiveness of ADs in ensuring the safety of air navigation underscores the critical nature of adherence to these regulations.
CASA, as the national airworthiness authority, must act promptly in issuing and enforcing ADs to prevent any potential safety risks. The AD issued in response to EASA’s AD 2008-0161R1, effective from 7 May 2009, exemplifies the coordinated international effort required to maintain airworthiness standards. While this AD does not necessitate public consultation or a Regulatory Impact Statement, it remains a crucial instrument in the regulatory framework governing aviation safety in Australia.