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 2006-0165 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/A320/146, Amendment 3, which will become effective on 20 June 2006. 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 legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. One of the key mechanisms established by the Act is the issuance of airworthiness directives (ADs), which are critical for maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process by which ADs can be issued. This legislative framework addresses the need for a robust system to manage safety concerns and ensure compliance with international aviation standards, particularly those set by the International Civil Aviation Organization (ICAO). The ADs are integral to fulfilling Australia's obligations under international conventions and are a direct response to directives issued by the States of Design, such as the recent AD issued by the European Aviation Safety Authority (EASA) for Airbus models A318, A319, A320, and A321. The ADs are issued by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority, ensuring that all aircraft registered in Australia meet the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be issued in response to safety concerns raised by the State of Design, which is responsible for the overall continuing airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft on its register. The Civil Aviation Act 1988 allows CASA to issue ADs in the interests of air navigation safety, and these must be issued in response to ADs issued by the relevant State of Design or in accordance with Australia's obligations under the Convention on International Civil Aviation. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by CASA on behalf of the Governor-General, and the specific AD in question, AD/A320/146, Amendment 3, was issued in response to an AD raised by the European Aviation Safety Authority (EASA) for certain Airbus model aircraft.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations to ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby rendering them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to States of Registry. ADs represent the most common form of continuing airworthiness information, issued by most ICAO Contracting States. Conversely, the State of Registry is responsible for ensuring the ongoing airworthiness of individual aircraft, necessitating the development or adoption of relevant requirements. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
In this specific instance, the European Aviation Safety Authority (EASA) issued AD 2006-0165 affecting Airbus A318, A319, A320, and A321 models on behalf of France, the State of Design. CASA has reviewed this AD and subsequently issued Australian AD/A320/146, Amendment 3, which will take effect on 20 June 2006. This new AD replaces the previous version. Given that this AD is issued pursuant to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD by the relevant State of Design, no public consultation has been conducted. The Office of Regulatory Review has also determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Compliance with ADs is mandatory, with violations potentially resulting in significant legal consequences. Under section 96 of the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in civil penalties, including fines and imprisonment. The specific penalties may vary depending on the severity and frequency of the breach. Additionally, non-compliance can lead to criminal charges, which may carry heavier penalties, including substantial fines and imprisonment for individuals and corporations. These provisions underscore the importance of adhering to ADs to maintain the safety standards required under Australian aviation law.