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.
CASA issued AD/A320/10 affecting Airbus Industrie A320-111 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is an important piece of Australian legislation that governs civil aviation safety and aims to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations to safeguard air navigation, with the Civil Aviation Safety Regulations 1998 being one such set of regulations. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance. These directives play a crucial role in maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 ensures that Australia adheres to its international obligations while also addressing the specific needs of its domestic aviation industry, aiming to maintain the highest safety standards for all aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft types or aeronautical products within Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs which serve as mandatory requirements for ensuring the continuing airworthiness of aircraft. Such ADs are integral to maintaining safety standards as set forth by the International Civil Aviation Organization (ICAO), with the State of Design and State of Registry bearing primary responsibilities for the airworthiness of aircraft types and individual aircraft respectively. For ADs issued by the State of Design for aircraft types registered in Australia, CASA must evaluate this information and may issue corresponding Australian ADs to enforce the design state’s requirements. The issuance and cancellation of ADs are legislative instruments, subject to scrutiny under the Legislative Instruments Act 2003, although they are exempt from public consultation and Regulatory Impact Statements as they pertain to regulatory burden reduction. The specific AD/A320/10 for Airbus Industrie A320-111 series aeroplanes, initially issued in 1990 and subsequently cancelled by CASA, exemplifies the application of these regulations in addressing safety concerns related to specific aircraft types.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are formal instruments designed to ensure the continuing airworthiness of aircraft, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties governed by the Act include the responsibility of the State of Design to maintain the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must review and assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to this effect.
Failure to comply with the requirements set out in an AD can result in significant consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties could lead to imprisonment. The exact penalties vary depending on the severity of the breach and are determined according to the provisions of the relevant legislation. In addition, CASA has the authority to take enforcement actions such as grounding aircraft or imposing other restrictions to ensure compliance with airworthiness standards.
Regarding the specific AD/A320/10 affecting Airbus Industrie A320-111 series aeroplanes, CASA has determined that the original unsafe condition no longer exists, leading to the cancellation of the AD. This cancellation will become effective on 19 November 2009, and no replacement AD is required. The decision to cancel the AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. It is noteworthy that no public consultation was conducted on this cancellation, as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.