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 has issued AD F-2005-031 affecting A320-111, -211, 212 and -231 model aircraft. France is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/A320/168, which will become effective on 14 April 2005.
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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act allows the Governor-General to make regulations under section 98, which includes the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. The Civil Aviation Regulations 1998 further detail the procedures for issuing ADs, which are legislative instruments under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) is tasked with issuing ADs to mandate the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). These ADs are critical for maintaining safety standards and ensuring that aircraft continue to meet airworthiness requirements. CASA has issued Australian AD/A320/168 in response to an AD issued by France, the State of Design for certain Airbus A320 models, to comply with Australia’s obligations under the Convention on International Civil Aviation. The process of issuing such ADs does not require public consultation as it is based on international obligations and assessments by CASA.
Scope and Application
The Civil Aviation Regulations 1998, as amended by the F2005L00568 Explanatory Statement, pertain to the issue of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988. These regulations apply to aircraft registered in Australia and are intended to ensure the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, which must then be assessed and, if necessary, adopted as Australian ADs by CASA. This process aligns with international obligations under the Convention on International Civil Aviation, particularly the requirement for the State of Design to provide necessary information to States of Registry for the continuing airworthiness of aircraft. Exemptions or exclusions from the scope of these ADs are not specified in the text, but they are subject to disallowance and review processes as legislative instruments under the Legislative Instruments Act 2003. The ADs are issued to mandate compliance with continuing airworthiness requirements as determined by the relevant State of Design, such as the French DGAC in this instance, and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide for the issuance of airworthiness directives (ADs) as a legislative instrument. Under section 98 of the Act, the Governor-General is authorised to make regulations that serve the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act in accordance with international standards and to ensure the continuing airworthiness of aircraft registered in Australia. As the national airworthiness authority, CASA must assess the ADs issued by the State of Design, which in this case is France for the A320 models. If CASA determines that the AD issued by France is appropriate, it must issue an Australian AD to mandate the same requirements for A320 aircraft registered in Australia. This ensures that all aircraft operating under Australian jurisdiction comply with the necessary safety standards.
Non-compliance with an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to penalties. For instance, section 411 imposes fines for non-compliance with ADs, and section 414 provides for the possibility of imprisonment for serious breaches. The specific penalties vary depending on the nature and severity of the breach but can include significant fines and, in more severe cases, imprisonment.
The legislative framework ensures that the issuance of ADs is conducted in a manner that is consistent with Australia’s international obligations and the requirements of the Convention on International Civil Aviation. Given the global nature of air travel and the interconnected safety standards, the AD issued in response to the French DGAC’s directive is critical for maintaining the safety of aircraft operating within Australian airspace. This collaborative approach ensures that all relevant parties are aligned in their efforts to maintain high safety standards across the international aviation community.