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.
The European Aviation Safety Authority (EASA) has issued AD 2007-0213 affecting Airbus A319, A320 and A321 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/172, Amendment 2, which will become effective on 27 September 2007. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for the aviation industry in Australia, addressing the need for robust safety standards and regulatory oversight to ensure the safe operation of aircraft. The Act provides the authority for the issuance of regulations, including airworthiness directives (ADs), to maintain safety in air navigation. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These directives are legislative instruments and, as such, are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to harmonise Australia's aviation safety standards with international practices as stipulated by the International Civil Aviation Organization (ICAO) and to uphold the responsibilities of the State of Registry and the State of Design in maintaining the airworthiness of aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) which are essential for ensuring the continuing airworthiness of aircraft in Australia. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, with these directives being legislative instruments as per section 46A of the Acts Interpretation Act 1901. The ADs are designed to align with the international standards set by Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. In Australia, CASA must assess and, if necessary, issue ADs based on assessments of international directives, such as the AD 2007-0213 issued by the European Aviation Safety Authority (EASA) for Airbus A319, A320, and A321 models. This process ensures that Australian aviation safety standards are maintained and comply with international obligations, even though public consultation or a Regulatory Impact Statement is not required for these directives. The ADs are issued by authorised personnel within CASA, ensuring compliance with the legislative framework established under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the interests of air navigation safety. These regulations include the Civil Aviation Safety Regulations 1998, which under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. Notably, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The issuance of ADs is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the continuing airworthiness of an aircraft type. This state must provide necessary information to ensure the airworthiness of the aircraft to appropriate States of Registry. Consequently, the State of Registry must establish requirements to maintain the airworthiness of the aircraft. For instance, when the European Aviation Safety Authority (EASA), acting on behalf of France as the State of Design for Airbus A319, A320, and A321 models, issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures that Australian-registered aircraft meet international safety standards.
CASA's AD/A320/172, Amendment 2, issued in response to EASA's AD 2007-0213, mandates specific safety measures for the mentioned Airbus models and will take effect on 27 September 2007. This directive replaces the previous Australian AD. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and is in direct response to an AD from the relevant State of Design, no public consultation was required. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This ensures that the directive adheres to legislative requirements and maintains the safety standards mandated by the Act.