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-2005-029 R1 affecting Airbus A318, A319, A320 and A321 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/174, which will become effective on 4 May 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, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia with a focus on safety. This Act provides the legislative framework for the regulation of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 empowers CASA to mandate Australian ADs in response to directives issued by the State of Design, such as the recent AD/A320/174 issued by CASA on behalf of the Australian government following a directive from the French DGAC. This AD was issued without public consultation, as it is mandated by international obligations and directly responds to an AD from the relevant State of Design.
Scope and Application
The Civil Aviation Regulations 1998, as amended, provide the framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988, ensuring the continuing safety and airworthiness of aircraft operating within Australia. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby implementing legislative instruments as mandated by international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. These directives are applicable to all aircraft registered in Australia, as well as to any person or entity involved in the operation or maintenance of such aircraft, including aircraft manufacturers, operators, and maintenance service providers. The ADs serve to enforce compliance with safety standards set by the State of Design, which is the country responsible for the original design of the aircraft type. Australia’s role as the State of Registry means CASA must evaluate and, if necessary, issue corresponding ADs to ensure the safety and airworthiness of aircraft registered in Australia. The ADs are not subject to public consultation or a Regulatory Impact Statement, as they are directly linked to international obligations and the directives issued by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, includes provisions that allow for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments in accordance with section 46A of the Acts Interpretation Act 1901.
The obligations under this Act primarily concern the maintenance of airworthiness for aircraft and aeronautical products. For instance, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to the States of Registry to ensure the continued airworthiness of aircraft types. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this responsibility. When a State of Design issues an AD for aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, violations of ADs can lead to civil and criminal penalties. Specifically, a person who contravenes an AD can face a civil penalty of up to $504,000 for each contravention, as outlined in section 94A of the Act. Additionally, under section 94C, if an individual is found guilty of a serious contravention, they may be subject to imprisonment for up to five years or a fine of up to $252,000, or both. These stringent measures underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.