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 French DGAC has issued AD F-2002-075 R1 affecting Airbus A319, A320 and A321 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/135, Amendment 1, which will become effective on 29 September 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a comprehensive legal framework governing civil aviation in the country, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations necessary for air navigation safety, and it grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as a legislative instrument, as outlined in the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The policy objective behind these regulations is to align Australia's aviation safety standards with international norms, ensuring that Australian aircraft meet necessary safety requirements as determined by the relevant State of Design and enforced by CASA.
Scope and Application
The Civil Aviation (Airworthiness Directive) Instrument 2005 pertains to the application of the Civil Aviation Act 1988, specifically under section 98, which empowers the Governor-General to make regulations in the interest of air navigation safety. 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 considered legislative instruments under the Legislative Instruments Act 2003, and are issued to ensure the continuing airworthiness of aircraft types, as per the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. The ADs are crucial in maintaining safety standards and are typically issued by the State of Design, with the State of Registry responsible for enforcing these directives on individual aircraft registered within its jurisdiction. This particular AD, issued by CASA in response to a French AD, is an example of international cooperation in maintaining global air safety standards, and it applies to all Airbus A319, A320, and A321 models registered in Australia.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on the issuance of airworthiness directives (ADs) for types of aircraft or aeronautical products. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. It is important to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring the continuing airworthiness of aircraft types. The State of Design, which is the State responsible for the design of the aircraft, has the overall responsibility for the continuing airworthiness of an aircraft 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 individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is responsible for assessing any ADs issued by States of Design and, if necessary, issuing Australian ADs to mandate the requirements of the original ADs for aircraft registered in Australia.
Failure to comply with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, it is an offence to contravene an AD, and penalties can include substantial fines and, in severe cases, imprisonment. Specifically, under section 257 of the Act, a person who contravenes an AD can be fined up to 120 penalty units, which currently equates to approximately AUD 21,600 for individuals and AUD 108,000 for corporations. In addition to criminal penalties, non-compliance with ADs can also result in civil consequences such as the grounding of aircraft, which can have significant operational and financial implications for airlines and other aviation stakeholders.