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 Emergency AD 2008-0203-E affecting Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/95, 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 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 was enacted to establish a regulatory framework for the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, as well as the continuing airworthiness of aircraft. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are instrumental in maintaining the safety standards required by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to issue Australian ADs in response to directives from the State of Design, thereby ensuring that Australian-registered aircraft meet international safety standards. This legislative framework ensures that Australia’s civil aviation sector adheres to globally recognised safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products, aimed at ensuring the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that align with the Act's objectives, with the safety of air navigation being paramount. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The application of these directives is international in scope, reflecting Australia’s commitments under the Convention on International Civil Aviation, and they are issued in response to directives from the State of Design, such as France in the case of the Airbus A330 model aircraft. CASA, as the national airworthiness authority, assesses and, when necessary, issues Australian ADs to enforce the requirements set by the State of Design. This process ensures compliance with international standards and obligations, thereby maintaining the safety and airworthiness of aircraft registered in Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, relevant to the issuance of airworthiness directives (ADs), are sections 98 and 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations that pertain to the safety of air navigation, which includes the issuance of ADs. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) stipulates that these directives are disallowable instruments under the Acts Interpretation Act 1901, classifying them as legislative instruments as per the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties involved are multifaceted. The State of Design, in this case, France, holds the primary responsibility for the continuing airworthiness of the Airbus A330 model aircraft. It must provide any necessary information to ensure the safety and airworthiness of the aircraft type to the appropriate States of Registry, which in this instance is Australia. The State of Registry, through CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements outlined by the State of Design. This ensures that the aircraft in question complies with the necessary safety standards as per international conventions and agreements.
There are specific consequences outlined for non-compliance with ADs. While the text does not explicitly detail the penalties for breaching ADs, it is understood that failure to comply with such directives can result in significant legal and operational repercussions. These may include grounding of the affected aircraft, fines, and other enforcement actions by CASA. The seriousness of non-compliance is underscored by the mandatory nature of ADs, which are integral to maintaining the safety and airworthiness of aircraft in line with international standards set forth by the Convention on International Civil Aviation.
The process for issuing an AD, such as AD/A330/95 for the Airbus A330 model aircraft, is streamlined due to Australia’s obligations under the Convention on International Civil Aviation. This particular AD was issued in response to an Emergency AD 2008-0203-E by the European Aviation Safety Agency (EASA). The Australian AD will become effective on 20 November 2008. Given the international context and the urgent nature of the safety issue, no consultation with the Australian public was required, and the Office of Best Practice Regulation has determined that such directives do not necessitate a Regulatory Impact Statement. The AD was 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.