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-2004-172 affecting AIRBUS A320 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/170, 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 legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers CASA, as the national airworthiness authority, to issue such directives based on assessments of information provided by the aircraft's State of Design, thereby fulfilling Australia's obligations under international conventions. This legislative framework ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and its accompanying regulations, particularly the Civil Aviation Safety Regulations 1998, govern the issuance and application of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) and under the Convention on International Civil Aviation. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, with the State of Design being primarily responsible for issuing such directives and the State of Registry tasked with ensuring compliance and safety on the Australian Register. The issuance of Australian ADs, such as AD/A320/170 in response to French AD F-2004-172, is mandatory when it pertains to aircraft registered in Australia. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, thus exempt from public consultation and regulatory impact statements, given their compliance with international obligations and safety mandates.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal framework ensures that airworthiness directives are issued in line with international safety standards.
The obligations imposed by these regulations on the parties and entities they govern are significant. The State of Design, which is responsible for the overall continuing airworthiness of an aircraft type, must provide necessary information to the appropriate States of Registry, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary requirements. This process ensures that Australian-registered aircraft meet international safety standards.
Breach of these obligations can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, the issuance of ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 is a critical regulatory mechanism. Failure to comply with these directives can result in civil or criminal penalties, though the exact nature and severity of these penalties are not specified in the text. The legislative intent is clear, however, that compliance with airworthiness directives is mandatory to maintain the safety and integrity of air navigation.
The Civil Aviation Safety Regulations 1998 also include provisions for the issuance of ADs in response to international obligations. For instance, CASA issued AD/A320/170 in response to an AD issued by the French DGAC affecting AIRBUS A320 aircraft. This AD became effective on 14 April 2005. As these ADs are issued under Australia's obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, they do not require public consultation. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process of issuing necessary safety directives without undue delay.