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-2005-115 affecting Airbus A318, 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/A320/153, Amendment 2, which will become effective on 1 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, with a particular focus on ensuring safety and efficiency in air navigation. This legislation empowers the Governor-General to make regulations that serve the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. This legislative measure was crucial in addressing the need for standardised safety protocols and continuing oversight of aircraft to prevent potential hazards and ensure compliance with international aviation standards. The Act is overseen by the Australian Parliament, reflecting the policy objective of upholding stringent safety regulations in alignment with international conventions, such as Annex 8 to the Convention on International Civil Aviation.
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) concerning types of aircraft or aeronautical products, aiming to uphold the safety of air navigation as per the Civil Aviation Act 1988. These ADs, which are classified as legislative instruments under the Legislative Instruments Act 2003, mandate compliance to ensure the continuing airworthiness of aircraft. The scope of these directives extends to all aircraft registered in Australia, regardless of the aircraft’s State of Registry or nationality, as CASA, acting on behalf of Australia, must adhere to the international obligations under the Convention on International Civil Aviation. This includes responding to ADs issued by the State of Design, such as the recent AD F-2005-115 issued by the French DGAC for Airbus A318, A319, A320, and A321 models, which CASA has assessed and translated into Australian AD/A320/153, Amendment 2, effective from 1 September 2005. Notably, due to the international nature of these directives and the urgency of safety compliance, no public consultation is required, and the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, empower the Governor-General to make regulations in the interest of air navigation safety and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001(5) further specifies that these ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments. The ADs are issued to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to States of Registry.
The obligations imposed by these provisions on the parties and entities they govern include the responsibility of the State of Design to provide continuing airworthiness information for aircraft types, and the State of Registry’s duty to develop or adopt requirements ensuring the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. The ADs are meant to ensure that all aircraft meet the safety standards set forth by the international convention and national regulations.
Breach of the requirements set out in these ADs can lead to serious consequences. While specific offences, penalties, or consequences are not detailed in the provided text, the overarching regulatory framework implies that non-compliance with airworthiness directives can result in both civil and criminal penalties. These could include fines, enforcement actions, and in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, and would be determined under the applicable aviation laws and regulations.