CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD F-2004-150(b), affecting Airbus A320 aircraft, in 2004. France is the State of Design for this aeroplane series. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A320/167 Amendment 1. The amended AD, AD/A320/167 Amendment 1, will become effective on 4 August 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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 framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of the key regulatory tools within this framework is the issuance of airworthiness directives (ADs), which are legislative instruments that ensure the continuing airworthiness of aircraft and aeronautical products, as provided under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative instrument was introduced to address the need for consistent and effective safety measures in civil aviation, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the States of Design and Registry in maintaining airworthiness. The Civil Aviation Safety Regulations 1998, created under the authority of the Civil Aviation Act, mandate that ADs be issued to address safety concerns and maintain the safety standards required under the Act.
Scope and Application
The Civil Aviation Regulations 1998, pursuant to section 98 of 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 that play a crucial role in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the requirements set forth by the State of Design and the Convention on International Civil Aviation. ADs are issued by CASA when necessary to address safety concerns or compliance with international standards. The geographic and jurisdictional reach of these regulations applies nationally within Australia, with CASA acting as the country's principal authority on airworthiness matters. The application of ADs is specific to the types of aircraft and aeronautical products registered in Australia and does not require consultation with the Australian public or a Regulatory Impact Statement due to their nature as continuing airworthiness measures. Any exclusions or exemptions from these regulations are determined on a case-by-case basis by CASA in accordance with the legislative provisions and international agreements.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as modified by the Civil Aviation Regulations 1998, allow for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations for the Act’s purposes, with regulation 39.001 enabling CASA to issue ADs for certain types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The Act imposes several obligations on CASA and other entities involved in the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, is required to assess information from the State of Design and, if appropriate, issue corresponding Australian ADs to ensure compliance with international standards. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. In Australia, the State of Registry is responsible for implementing and enforcing these ADs to ensure the safety of aircraft in Australian airspace.
Breaches of ADs or failure to comply with the requirements outlined in these directives can lead to significant consequences. Under the Civil Aviation Act 1988, violations may result in administrative penalties, including fines and potential criminal charges for serious breaches that endanger safety. The maximum penalties for non-compliance can vary depending on the severity and impact of the violation but may include substantial fines and imprisonment for offences that pose a significant risk to aviation safety. Compliance with ADs is crucial to maintaining the high safety standards mandated by both national and international aviation regulations.