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 European Aviation Safety Authority (EASA) has issued AD 2007-0163 affecting Airbus A318, A319, A320 and A321 model aircraft. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/144, Amendment 2, which will become effective on 2 August 2007. 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety, efficiency, and uniformity in air navigation and aircraft operations. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the safety requirements and regulatory processes. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The policy objective underpinning these provisions is to maintain the highest standards of airworthiness, ensuring the safety of air navigation and the continued airworthiness of aircraft. This is achieved by aligning with international standards set forth by the International Civil Aviation Organization (ICAO) and responding to directives issued by the State of Design for specific aircraft types.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for issuing airworthiness directives (ADs) in Australia, which are legislative instruments designed to ensure the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including ADs, for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, which are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs issued by CASA are in response to international obligations under the Convention on International Civil Aviation, specifically the responsibilities of the State of Design and the State of Registry concerning continuing airworthiness. This particular AD, AD/A320/144, Amendment 2, pertains to Airbus A318, A319, A320, and A321 model aircraft, and was issued by CASA in alignment with the AD issued by the European Aviation Safety Authority (EASA) on behalf of France, the State of Design. Given that the AD is a direct response to an international requirement, it does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are mandated by section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. Subregulation 39.001(5) further classifies ADs as disallowable instruments, making them legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are critical for maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. This obligation extends to the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In practical terms, when the European Aviation Safety Authority (EASA) issues an AD affecting Airbus A318, A319, A320, and A321 models, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements. This process ensures that Australian-registered aircraft meet the safety standards set by the relevant State of Design.
Failure to comply with airworthiness directives can lead to significant legal and operational consequences. While the specific penalties for non-compliance are not detailed in the text, the overarching legal framework suggests that breaches could result in civil or criminal liability. This is inferred from the broader context of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which are designed to uphold stringent safety standards. Non-compliance with ADs can potentially lead to grounding of aircraft, fines, and other enforcement actions by CASA. The seriousness of these consequences underscores the importance of adhering to the mandated safety requirements.
The process for issuing the AD in question follows a formal procedure. The AD was issued 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. Given that this AD responds to international obligations and is based on an AD issued by the State of Design, there was no consultation with the Australian public, and the Office of Regulatory Review determined that it does not require a Regulatory Impact Statement. This streamlined process ensures that safety directives are issued promptly and efficiently, without unnecessary bureaucratic delays.