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 EASA has issued AD 2006-0280 affecting Airbus A319, A320 and A321 aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/154, Amendment 1, which will become effective on 23 November 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, New Technologies and Systems, 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 legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One of the key mechanisms provided by this Act is the issuance of airworthiness directives (ADs), which are regulatory instruments designed to maintain the airworthiness of aircraft. These directives are created under section 98 of the Act, enabling the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, with regulation 39.001 empowering the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. The ADs serve to ensure compliance with international standards as stipulated under Annex 8 to the Convention on International Civil Aviation, thereby fulfilling Australia's obligations to maintain the continuing airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations apply to all aircraft registered in Australia and are designed to ensure the safety of air navigation. The ADs are a legislative instrument, as stipulated in the Legislative Instruments Act 2003, and serve as a crucial mechanism for the continuing airworthiness of aircraft. The State of Registry, which in the case of Australian-registered aircraft is CASA, is responsible for the oversight of these airworthiness directives and ensuring compliance with both national and international aviation safety standards. ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly concerning the State of Design's responsibility for the continuing airworthiness of aircraft types. For example, following the issuance of an AD by the European Aviation Safety Agency (EASA) for Airbus A319, A320, and A321 aircraft, CASA issued Australian AD/A320/154, Amendment 1, effective from 23 November 2006. This process ensures that Australian-registered aircraft meet the necessary safety standards as mandated by the State of Design, France, and as adopted by CASA.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are essential tools in maintaining the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the ADs on the parties governed by this legislation are multifaceted. The State of Design, such as France for Airbus A319, A320, and A321 aircraft, bears the responsibility for ensuring the ongoing airworthiness of the aircraft type, providing necessary information to the States of Registry. The State of Registry, such as Australia through CASA, must evaluate the ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce the required measures. These directives ensure that aircraft types registered in Australia comply with international safety standards.
The legislation does not require consultation with the Australian public for ADs issued under the Convention on International Civil Aviation, as they are in response to ADs issued by the relevant State of Design. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of penalties and consequences, the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of ADs. However, non-compliance with ADs can lead to severe consequences, including the grounding of aircraft, fines, and other regulatory actions by CASA. The overarching aim of these provisions is to ensure that all stakeholders adhere to stringent safety standards to maintain the integrity and safety of air navigation.