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-2004-168 R1 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/A320/162, Amendment 1, which will become effective on 16 February 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 Acting 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, enacted to ensure the safety of air navigation and address gaps in regulatory oversight, empowers the Governor-General to make regulations under section 98, which are critical for maintaining airworthiness standards. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001, and these ADs are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. CASA's role involves assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce compliance with international standards. This approach facilitates a coordinated global effort to maintain the safety and airworthiness of aircraft, as exemplified by the recent issuance of AD/A320/162, Amendment 1, in response to a French AD for Airbus A318, A319, A320, and A321 models.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a regulatory framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are made in response to the continuing airworthiness obligations of the State of Design, which must provide necessary information to States of Registry. In the case of AD F-2004-168 R1 issued by the French DGAC, CASA has assessed the directive and issued an Australian AD/A320/162, Amendment 1, which mandates compliance with the requirements for specified Airbus models. This process is in line with international standards set by the International Civil Aviation Organization (ICAO) and does not require public consultation or a Regulatory Impact Statement as it is a direct response to international obligations. The AD applies to the specific aircraft types registered in Australia and mandates corrective actions to ensure safety.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to enact regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they fall under the legislative instruments category as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the assessment of ADs issued by the State of Design and the issuance of corresponding Australian ADs when necessary. This is to ensure that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. For example, when the French Directorate General for Civil Aviation (DGAC) issues an AD, CASA must review this directive and determine whether an equivalent Australian AD is required. If so, CASA will issue its own AD to ensure that the necessary safety measures are implemented on aircraft registered in Australia.
Failing to comply with the ADs issued by CASA can result in serious consequences. Although specific offences and penalties are not outlined in the provided text, it is understood that non-compliance with ADs could lead to enforcement actions, including fines, operational restrictions, or even grounding of the aircraft. These measures are in place to ensure the safety of air navigation and to hold parties accountable for adhering to the regulations set forth by CASA.
The legislative process for issuing these ADs is stringent and follows international standards set by the Convention on International Civil Aviation. This includes ensuring that the ADs are issued in response to safety concerns identified by the State of Design and that they are implemented in a manner that aligns with the requirements of Annex 8 of the Convention. The text indicates that CASA has issued an AD in response to an AD issued by the French DGAC, and this process highlights the importance of international cooperation in maintaining aviation safety standards.
It is also noteworthy that, due to the nature of these ADs and their alignment with international obligations, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring that the process is efficient and effective in addressing safety concerns without unnecessary delays. This streamlined approach allows for rapid response to potential safety issues, ensuring that the highest standards of airworthiness are maintained for aircraft registered in Australia.