CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC has issued AD F-2005-057 affecting A320 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/120, Amendment 4, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the mechanisms by which this is achieved is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and they serve as a critical tool for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. Given Australia's obligations under this international convention, CASA is required to assess and, where necessary, issue Australian ADs in response to those issued by the relevant State of Design, such as the French DGAC in the case of the A320 model aircraft. The ADs do not require public consultation or a Regulatory Impact Statement, and are issued by CASA in accordance with the relevant provisions of the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued in Australia, ensuring compliance with international standards and obligations. Specifically, section 98 of the Act empowers the Governor-General to make regulations that serve the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) may issue ADs for particular types of aircraft or aeronautical products. The issuance of ADs falls within the regulatory remit of CASA, acting as Australia's national airworthiness authority, and these directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework ensures that CASA, upon receiving ADs from the State of Design, can issue corresponding Australian ADs to maintain the continuing airworthiness of aircraft registered in Australia. Notably, the ADs do not require public consultation or a Regulatory Impact Statement, reflecting their alignment with international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines provisions for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft types, as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations under these ADs are clear and stringent. The State of Design, in this case France, has the responsibility to provide necessary information for ensuring the continuing airworthiness of aircraft types registered in other states, such as Australia. CASA, as the national airworthiness authority for Australia, is required to assess the information from the State of Design and, if necessary, issue corresponding ADs to enforce these requirements. This ensures that Australian aircraft meet international safety standards. Additionally, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with these ADs can lead to significant legal consequences. While the specific offences and penalties for breaching these ADs are not detailed in the provided text, it is understood that non-compliance with airworthiness regulations can result in severe civil or criminal penalties. Such penalties could include fines, suspension or revocation of aircraft certification, and in extreme cases, imprisonment. The severity of these penalties underscores the importance of adhering to ADs to maintain the highest safety standards in aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing ADs to ensure aircraft safety. The obligations placed on the State of Design and the State of Registry are pivotal in maintaining airworthiness. Non-compliance with these directives can result in substantial civil or criminal penalties, highlighting the critical nature of these regulations in safeguarding aviation safety.