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 2008-0051 affecting Airbus A318, A319, A320 and A321 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/163, Amendment 1, which will become effective on 5 June 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Act authorises the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety, as exemplified by regulation 39.001 which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The objective of these regulations aligns with the international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to ensure continuing airworthiness and share necessary information with States of Registry. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs that reflect the requirements of the State of Design to maintain the continuing airworthiness of aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory authority applies to all aircraft registered in Australia and extends to any entities or individuals who are responsible for the maintenance, operation, or oversight of these aircraft. The ADs are legislative instruments that must comply with the provisions of the Acts Interpretation Act 1901, and their issuance reflects Australia's commitment to international civil aviation standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The geographic and jurisdictional reach of these regulations is national, with CASA acting on behalf of the Australian Government. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to directives from the State of Design and are aimed at maintaining international standards of airworthiness.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 under section 39.001 provide that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are legally binding and enforceable.
Under the Civil Aviation Act 1988, the overarching responsibility for the continuing airworthiness of an aircraft type lies with the State of Design, which must provide any necessary information to States of Registry to ensure compliance with international safety standards. In the context of Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs. For example, in the case of the European Aviation Safety Authority's AD 2008-0051 affecting Airbus A318, A319, A320, and A321 series aircraft, CASA issued Australian AD/A320/163, Amendment 1, which mandates the requirements of the State of Design and is set to become effective on 5 June 2008.
Compliance with these airworthiness directives imposes specific obligations on the parties governed by the regulations. Operators of affected aircraft must ensure that all required actions and inspections are carried out within the stipulated timeframes. This includes adherence to maintenance schedules, installation of any specified modifications, and documentation of completed actions as per the directives. Failure to comply with these requirements can result in severe consequences, including potential grounding of the aircraft and legal penalties.
Breaches of the ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in enforcement actions by CASA, including fines, suspension, or revocation of air operator certificates. Additionally, individuals or companies found in violation of these directives may face criminal charges, which can result in substantial penalties. For example, the maximum penalty for non-compliance with a mandatory AD can be substantial, reflecting the critical nature of maintaining airworthiness standards to ensure public safety.