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 2008-0161 affecting Airbus A330 model 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, which will become effective on 23 October 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 Acting 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, provides the legislative foundation for regulating civil aviation in the country, focusing on the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are critical in maintaining the continuing airworthiness of aircraft and are aligned with international standards set forth by the Convention on International Civil Aviation, specifically through Annex 8. The ADs issued by CASA, such as AD/A330/92 in response to EASA's AD 2008-0161 for Airbus A330 models, ensure that Australian aviation practices comply with international safety standards. Given the nature of these directives, they are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Importantly, because these directives are responses to international obligations and are technical in nature, they do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered in the country. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The issuance of ADs is a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with the International Civil Aviation Organization’s (ICAO) Annex 8, which mandates the State of Design to provide necessary information to ensure the airworthiness of aircraft types, and the State of Registry to enforce these requirements. The ADs apply to aircraft registered in Australia and are designed to meet international standards, ensuring harmonisation with other ICAO Contracting States. For example, CASA issued AD/A330/92 in response to an AD by the European Aviation Safety Authority, reflecting Australia’s commitment to international safety standards. Given the nature of ADs and their alignment with international conventions, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA officials in accordance with the Civil Aviation Act, ensuring compliance with international and domestic aviation safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) that govern the continuing airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that promote safety in air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are multi-faceted. Firstly, the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation. Secondly, States of Registry are responsible for developing or adopting requirements to maintain the airworthiness of aircraft registered within their jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This obligation was demonstrated in the issuance of AD/A330/92 following the EASA’s AD 2008-0161 for Airbus A330 model aircraft.
The Act and Regulations do not require consultation with the Australian public for ADs issued due to international obligations and in response to directives from the State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The process for issuing such directives includes the AD being made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, as per subsection 84A(2) of the Act.
The Act and Regulations also detail the civil and criminal consequences for breaches of ADs. Non-compliance with an AD can result in significant penalties, which may include fines and imprisonment. The exact penalties are not specified in the given text but generally, the severity of the penalty would depend on the nature and extent of the breach. Civil Aviation Orders may provide further details on the specific penalties for non-compliance with ADs, but these are not covered in the provided excerpt.