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 issued AD 2002-365(B), affecting Airbus A320 series aircraft, in 2002. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD, AD/A320/140, to reflect the consolidation and inclusion of requirements previously mandated by AD/A320/102 which has been cancelled with effect 16 March 2012. The amended AD, AD/A320/140 Amendment 1, will become effective on 20 March 2012. 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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to create regulations that align with the Act’s safety objectives. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products, thereby promoting the continuing airworthiness of aircraft. These directives are legislative instruments that reflect Australia’s commitment to international civil aviation standards and safety protocols. In the context of AD/A320/140 Amendment 1, CASA has updated the Australian AD to align with a directive issued by the French DGAC concerning Airbus A320 series aircraft, ensuring that Australian aircraft meet international safety requirements. This action is consistent with Australia’s obligations under the Convention on International Civil Aviation and has been determined not to require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and legislative scrutiny as per the Legislative Instruments Act 2003. ADs are critical for maintaining the continuing airworthiness of aircraft, with the State of Design having the primary responsibility under Annex 8 to the Convention on International Civil Aviation. Consequently, Australia, as a State of Registry, must assess and, if necessary, issue ADs to comply with international obligations and ensure aircraft safety within its jurisdiction. The ADs are applied to all aircraft registered in Australia, irrespective of their origin, and align with international standards set by the International Civil Aviation Organization (ICAO). The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are based on international obligations and technical requirements.
Key Provisions
Under the Civil Aviation Act 1988, particularly section 98, the Governor-General is empowered to establish regulations for the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical tools for maintaining the safety and airworthiness of aircraft. It is important to note that, according to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is, therefore, classified as a legislative instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation are quite stringent. Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing any necessary information to ensure the safety of aircraft types registered in other states. In Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce these requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failure to comply with the provisions of an AD can result in significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences that may lead to penalties. While the specific penalties are not detailed in the provided text, the nature of non-compliance with airworthiness directives typically results in severe civil and possibly criminal penalties. These may include fines, imprisonment, or other sanctions as deemed appropriate by the courts. The overarching goal is to ensure that all stakeholders adhere to the highest safety standards to protect the public and aviation personnel.