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.
CASA issued AD/A320/168 affecting Airbus A320 model aircraft. As a result of a request from industry CASA has reviewed the AD and amended it to correct a typographical error in the MSN range. The amended AD, AD/A320/168 Amdt 1, will become effective on 14 July 2010. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, establishing the framework for the safe and efficient operation of aircraft within Australian airspace. This legislation was introduced to address the need for comprehensive aviation safety regulations, ensuring that civil aviation activities meet high standards of safety and efficiency. The Act empowers the Governor-General to make regulations under section 98, which are aimed at maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under this Act, further delineate the regulatory framework for airworthiness and safety standards. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns for types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to ensure that Australian aviation standards align with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, aligning with section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments and serve to mandate safety requirements for the continuing airworthiness of aircraft registered in Australia. The authority to issue such directives stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overarching responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet international safety standards. Exemptions and thresholds for the application of these directives are determined through subordinate instruments, and the ADs do not require a Regulatory Impact Statement as they do not necessitate public consultation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the safety and regulation of aviation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative instrument is subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under these provisions, CASA has issued AD/A320/168, affecting Airbus A320 model aircraft, in response to an airworthiness concern identified by the State of Design. This AD is a legislative instrument created in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The State of Registry, in this case Australia, has a responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft. Consequently, CASA must assess the AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. The AD/A320/168 Amdt 1, correcting a typographical error, was issued to address the issue and will take effect on 14 July 2010.
The obligations imposed by these regulations require CASA to monitor and respond to ADs issued by the State of Design, ensuring they align with Australia's regulatory standards. CASA's role includes reviewing, amending, and issuing corresponding ADs to maintain the safety and airworthiness of aircraft registered in Australia. The Office of Best Practice Regulation has determined that these ADs do not necessitate a Regulatory Impact Statement, and no public consultation is required due to the international obligations under the Convention on International Civil Aviation.
Breaching the requirements set out in these airworthiness directives can lead to serious consequences. Non-compliance with an AD can result in the aircraft being deemed unairworthy, potentially leading to grounding. Furthermore, any person who contravenes the provisions of the AD can face penalties. Under section 16 of the Civil Aviation Act 1988, a person who contravenes an AD can be subject to fines, imprisonment, or both. The maximum penalty for such an offence can be substantial, reflecting the critical importance of adhering to airworthiness standards to ensure the safety of passengers and crew.