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 2008-0191-E affecting Airbus A319, A320 and A321 aircraft. France is the State of Design for these aircraft types. As a result of the latest EASA AD, CASA has amended the equivalent Australian AD to AD/A320/11 Amendment 2. The amended AD will become effective on 29 October 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 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These directives serve as a crucial tool in maintaining the continuing airworthiness of aircraft, ensuring they meet necessary safety standards. The objective of these regulations is to align Australian practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to uphold Australia’s commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the safety of air navigation. These ADs are legislative instruments under Australian law and are intended to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, in this case France for Airbus A319, A320, and A321 aircraft, holds the primary responsibility for providing information necessary for maintaining airworthiness. CASA, acting as Australia's national airworthiness authority, must then assess this information and issue corresponding Australian ADs as required. The recent AD 2008-0191-E issued by the European Aviation Safety Agency (EASA) led CASA to amend the existing Australian AD to AD/A320/11 Amendment 2, effective from 29 October 2008, to align with international standards and obligations under the Convention on International Civil Aviation. This amendment cancels and replaces the previous AD, reflecting the continuous efforts to enhance safety protocols in civil aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced. Specifically, section 98 of the Act grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument. This legislative instrument must be made in accordance with the requirements set out in the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties and entities they govern are primarily centred around ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design of an aircraft type has the primary responsibility for the continuing airworthiness of that type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry, represented in Australia by CASA, must assess this information and, if appropriate, issue an equivalent AD to enforce the requirements of the State of Design. In this case, CASA has amended the Australian AD in response to the European Union's AD 2008-0191-E, issued by the European Aviation Safety Agency (EASA) for Airbus A319, A320, and A321 aircraft.
Failure to comply with the provisions of the ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the serious nature of ensuring the safety of air navigation. The specific maximum penalties are not detailed in the provided text, but they are established within the legislative framework to deter non-compliance and ensure adherence to the mandated safety requirements.