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 2008-0225-E 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/A330/95, Amendment 1, which will become effective on 22 December 2008. 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 Commonwealth Parliament, serves to regulate the safety of civil aviation in Australia. The Act establishes the framework for ensuring the safety of air navigation and aircraft, including the issuance of airworthiness directives to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the Act, further detail the procedures and responsibilities of the Civil Aviation Safety Authority (CASA). One such procedure is the issuance of airworthiness directives, which are legislative instruments designed to mandate safety requirements for specific aircraft types or aeronautical products. This particular airworthiness directive, issued in response to the obligations under the Convention on International Civil Aviation and the actions of the State of Design, aligns with international standards and ensures that Australian-registered aircraft meet the necessary safety criteria. The policy objective is to maintain the highest safety standards in accordance with international agreements and domestic requirements.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 empowers CASA to issue ADs for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework aligns with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and the States of Registry for individual aircraft. When an AD is issued by a State of Design, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. This process is exemplified in the issuance of AD/A330/95, Amendment 1, in response to EASA’s AD 2008-0225-E affecting Airbus A330 model aircraft. Notably, given the international obligations and the specific nature of ADs, no public consultation or Regulatory Impact Statement is required for their issuance.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs for specific types of aircraft or aeronautical products. As stated in subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these legislative provisions, the obligations primarily fall on the State of Design, which is responsible for the continuing airworthiness of an aircraft type as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. In turn, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
In terms of potential breaches of these regulations, the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the overarching framework of the Civil Aviation Act 1988 and related safety regulations imply that non-compliance could lead to significant legal ramifications. This includes the possibility of enforcement actions by CASA, which could range from administrative penalties to more severe consequences such as the grounding of non-compliant aircraft, thereby potentially affecting the safety and operations of the airline involved.
The Civil Aviation (Airworthiness of Aircraft) Regulations 1991, which complement the Civil Aviation Act 1988, further reinforce the importance of adhering to ADs. Non-compliance with ADs could lead to the issuance of a Notice of Unauthorized Modification, leading to further enforcement actions. The potential penalties for such violations could include fines or other sanctions imposed by CASA, ensuring that airworthiness standards are strictly upheld to maintain the highest safety standards in Australian aviation.