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 2008-0223 affecting Airbus A330 aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A330/97, which will become effective on 12 February 2009.
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 acting Manager, Airframes and Structures, 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, is the primary legislative framework governing civil aviation in Australia. It provides the authority for the establishment of regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. In line with these objectives, the Civil Aviation Safety Regulations 1998 were also introduced to provide detailed requirements for the safety of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) can issue ADs, which are legislative instruments, to address safety concerns. This mechanism ensures that Australia meets its international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In the case of AD 2008-0223 issued by the European Aviation Safety Agency (EASA) for Airbus A330 aircraft, CASA has issued a corresponding Australian AD/A330/97, reflecting Australia’s commitment to harmonising its aviation safety measures with international standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations mandate CASA to assess and, if necessary, issue Australian ADs in response to airworthiness directives issued by the State of Design, which is the country responsible for the design of the aircraft. In the specific case of the AD affecting Airbus A330 aircraft, the European Union Aviation Safety Agency (EASA) issued an AD, and France, as the State of Design, prompted CASA to issue Australian AD/A330/97, which became effective on 12 February 2009. This AD applies to all Airbus A330 aircraft registered in Australia, ensuring that they meet the required safety standards as per international conventions. The AD is a legislative instrument under the Legislative Instruments Act 2003, and its issuance is in line with Australia's obligations under the Convention on International Civil Aviation, thus no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to create regulations for the safety of air navigation. Under these provisions, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The entities governed by these provisions, including CASA and aircraft operators, must adhere to the ADs issued for their specific aircraft types. CASA is responsible for assessing ADs issued by the State of Design and determining if an Australian AD is necessary. Aircraft operators must comply with these ADs, ensuring that any required modifications or inspections are conducted in a timely manner to maintain the airworthiness of their aircraft. Non-compliance with ADs can result in severe penalties, including fines and potential grounding of the aircraft.
In terms of offences and penalties, failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, a person who contravenes an AD can be subject to a civil penalty of up to $126,000 for a corporation and $25,200 for an individual. Additionally, CASA has the authority to issue a direction to rectify the non-compliance, and continued non-compliance may lead to prosecution under section 68 of the Act. For criminal offences, section 68A of the Act outlines that an individual can face imprisonment for up to five years or a fine of up to $252,000, or both, for serious breaches that result in substantial risk to aviation safety.
Additionally, CASA can also take enforcement actions such as suspending or cancelling the aircraft’s certificate of airworthiness if the operator fails to comply with the ADs. The severity of these penalties underscores the importance of adhering to the ADs to maintain the safety and airworthiness of aircraft operating within Australia. The consequences not only impact the operators but also the broader aviation community by ensuring that all aircraft meet the required safety standards.