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 has issued AD 2008-0160 affecting Airbus A330 series aeroplanes. France is the State of Design for the A330 series aircraft. CASA has assessed this AD and has issued Australian AD/A330/93 which will become effective on 20 November 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 Regulatory Review 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing the legislative framework necessary for the regulation of civil aviation activities. In line with this objective, the Governor-General is authorised to make regulations under section 98 of the Act, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain and ensure the safety of aircraft types and aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are made in accordance with the obligations Australia has under the Convention on International Civil Aviation. CASA issues these directives to address specific safety issues identified by the State of Design or in response to international ADs, ensuring compliance with international standards and Australian regulations. The ADs are developed and issued by CASA without the need for public consultation, as they are based on international obligations and assessments of safety risks.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, with such directives being legislative instruments under the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft registered in Australia and align with international obligations under Annex 8 to the Convention on International Civil Aviation. This international framework mandates that the State of Design, such as France for the Airbus A330 series, provides necessary information for continuing airworthiness, which CASA then assesses and, if necessary, adopts as an Australian AD. This process ensures compliance with both national and international safety standards. Notably, this regulatory process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by CASA under the authority granted by the Act, specifically under subsection 84A(2), reflecting the legislative and regulatory commitment to maintaining high safety standards in civil aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, allow the Governor-General to make regulations for the Act, with a focus on the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives impose obligations on the parties involved, particularly the State of Design and the State of Registry. The State of Design, in this case France for the Airbus A330 series, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, here Australia, is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, such as AD 2008-0160 for the Airbus A330 series, CASA must assess this information and, if necessary, issue an Australian AD, such as AD/A330/93, to enforce the requirements set forth by the State of Design.
Breaches of the provisions under these airworthiness directives can lead to serious consequences. Although the specific penalties are not detailed in the provided text, ADs are legally binding, and failure to comply can result in civil or criminal penalties. The exact nature of these penalties would typically be outlined in other sections of the Civil Aviation Act 1988 or related regulations, but they can include fines, imprisonment, or other enforcement actions to ensure compliance with air safety standards. The text indicates that no public consultation or Regulatory Impact Statement was required for this particular AD, given its basis in international obligations and the nature of the directive issued by the State of Design.