AD/A320/157 Amdt 2 - Liquid Crystal Display Units - CANCELLED

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, with a strong emphasis on safety. It empowers the Governor-General to create regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby ensuring these items meet required safety standards. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the responsibility of ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, is required to issue corresponding Australian airworthiness directives when an AD is issued by the State of Design to ensure compliance with international standards and obligations. This regulatory framework was designed to address gaps in ensuring consistent and internationally recognised standards of airworthiness for aircraft registered in Australia. By aligning with international conventions and allowing for the issuance and cancellation of airworthiness directives, the Act and accompanying regulations aim to maintain high safety standards in civil aviation, reflecting Australia's commitment to international safety protocols. The issuance of such directives is overseen by CASA, ensuring that all aircraft operating within Australia meet the required safety standards set forth by both national and international authorities.

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 specific kinds of aircraft or aeronautical products. These directives are legislative instruments and serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the initial airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that aircraft remain airworthy. When an AD is issued by the State of Design, CASA evaluates this information and may issue a corresponding Australian AD to enforce the necessary requirements. This process ensures alignment with international safety standards and facilitates the effective management of airworthiness across different jurisdictions. The ADs are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international obligations underpinning their issuance.

Key Provisions

The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations that support the Act and prioritise air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (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 thus, as per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument. The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include a responsibility for the State of Design to maintain the continuing airworthiness of aircraft types and to provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. Failure to comply with the regulations set out in airworthiness directives can result in serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 outline penalties for non-compliance. Specifically, section 84A of the Act allows CASA to enforce compliance through penalties, which can include fines and other administrative actions. Furthermore, non-compliance with ADs may also lead to civil or criminal liability, depending on the nature and extent of the breach. The maximum penalties for breaches of the Civil Aviation Act 1988 can be substantial, reflecting the critical importance of air safety and the severe consequences of non-compliance. It is worth noting that ADs, such as the recent AD 2008-0032 issued by the European Aviation Safety Authority (EASA) for Airbus A318, A319, A320, and A321 series aircraft, are issued in response to identified safety concerns. CASA has assessed the EASA AD and, as a result, cancelled Australian AD/A320/157 Amendment 2, issuing a superseding Australian AD/A320/223. The cancellation of the Australian AD will take effect on 5 June 2008. Given that this cancellation is due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, there has been no consultation with the Australian public on this matter. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.