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 2006-0162 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/A320/147 Amendment 2, which will become effective on 15 March 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as demonstrated by the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The problem addressed by this legislation is the need for consistent and internationally recognised standards to ensure the safety and airworthiness of aircraft operating within Australia. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities of the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, in issuing airworthiness directives to mandate safety requirements for aircraft types registered in Australia. The enactment of this Act and subsequent regulations is a response to the need for coordinated international safety standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires States of Registry to implement these standards domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia, ensuring their ongoing airworthiness in accordance with international standards. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement and enforce these standards within its jurisdiction. This AD applies to Airbus A318, A319, A320, and A321 model aircraft registered in Australia, mandating compliance with the requirements set forth by CASA following the assessment of the European Aviation Safety Authority’s (EASA) AD 2006-0162. The AD becomes effective on 15 March 2007 and replaces the previous directive, reflecting the continuous nature of safety oversight and compliance within the Australian aviation sector.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued. Section 98 of the Civil Aviation Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These ADs are essential for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to the States of Registry, which are responsible for individual aircraft. CASA, as Australia’s national airworthiness authority, assesses this information and, if necessary, issues Australian ADs to enforce the requirements set by the State of Design.
The obligations imposed by these regulations require CASA to carefully evaluate any ADs issued by other countries' aviation authorities, such as the European Aviation Safety Authority (EASA). For instance, in response to EASA's AD 2006-0162 concerning Airbus A318, A319, A320, and A321 models, CASA issued Australian AD/A320/147 Amendment 2, effective from 15 March 2007. This action underscores the need for compliance with international obligations and the requirement for CASA to mandate these directives within Australia.
The Civil Aviation Safety Regulations 1998 and related provisions under the Civil Aviation Act 1988 also establish consequences for non-compliance with ADs. While the specific offences and penalties are not detailed in the provided text, breaches of ADs could potentially result in civil or criminal penalties. These could include fines or imprisonment, depending on the severity of the breach and the specific regulations being violated. The ADs, being legislative instruments, carry the weight of law, thereby necessitating strict adherence by all affected parties to ensure the safety of air navigation.