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-2005-028 affecting A318, A319, A320 and A321 series aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/169, 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. The Act empowers the Governor-General to make regulations that facilitate the safety and efficiency of air navigation, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, mandated by the State of Design as per Annex 8 of the Convention on International Civil Aviation. The Civil Aviation (Administrative Arrangements) Amendment Act 2005 played a role in the administrative restructuring that facilitated this process. The Australian Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing such directives when necessary, ensuring compliance with international standards and obligations. The policy objective is to uphold the highest safety standards in civil aviation, aligning with Australia’s commitments under international conventions.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments and are issued in accordance with the Civil Aviation Act 1988, aiming to ensure the safety of air navigation. These directives apply to any aircraft registered in Australia and are mandated by the State of Design or Registry to maintain the continuing airworthiness of aircraft types. The scope of the ADs extends to all relevant aircraft within the Australian Register, with CASA acting as the national airworthiness authority. This authority assesses and, if necessary, issues Australian ADs to enforce the requirements set forth by the State of Design. Notably, these directives are issued without public consultation, as they arise from Australia's commitments under the Convention on International Civil Aviation, and are deemed not to require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to create regulations that ensure the safety of air navigation. Regulation 39.001 of 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. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are a critical component in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for ensuring the airworthiness of an aircraft type, and must provide necessary information to the States of Registry.
Under these regulations, CASA, as Australia's national airworthiness authority, must review information from the State of Design and, if necessary, issue Australian ADs that reflect the requirements of the State of Design. For instance, the French Directorate General for Civil Aviation (DGAC) issued AD F-2005-028, affecting A318, A319, A320, and A321 series aircraft, with France being the State of Design. CASA has assessed this directive and issued Australian AD/A320/169, effective from 14 April 2005. Because this AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation with the Australian public. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD in question was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed by these regulations are significant, requiring CASA to ensure that any AD issued by the State of Design is assessed and, if appropriate, implemented in Australia to maintain the safety and airworthiness of aircraft on the Australian Register. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft in accordance with Annex 8.
Any breach of these obligations could have serious consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify detailed penalties for non-compliance with ADs, general aviation regulations and safety standards carry substantial penalties. For instance, failure to comply with an AD can result in the grounding of aircraft, which can lead to significant financial losses for operators and increased risk to public safety. Civil penalties may include fines, and in severe cases, criminal charges can be brought against individuals or companies, resulting in imprisonment. These consequences underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.