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 2007-0217 affecting Airbus A318, A319, A320 and A321 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/174, Amendment 1, 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the regulation of civil aviation and the promotion of safety in air navigation. This Act empowers the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were formulated. These regulations, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). In response to the need for uniformity and safety in the aviation sector, the Act facilitates the issuance of ADs based on international obligations and the directives of the relevant State of Design, without the necessity for public consultation or a Regulatory Impact Statement. This legislative framework is instrumental in maintaining the high safety standards required in the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. This authority extends to mandating the requirements of State of Design directives on aircraft registered in Australia. Geographically, this legislation applies across Australia, reflecting the national scope of air navigation safety. Notably, ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and their creation involves compliance with the Legislative Instruments Act 2003. The regulations also align with international obligations under the Convention on International Civil Aviation, requiring the State of Registry to adopt measures ensuring the continuing airworthiness of aircraft. In this context, ADs serve as a primary mechanism for disseminating continuing airworthiness information globally, with CASA issuing Australian ADs as necessary to meet these international standards. The process of issuing such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, as per section 98 of the Civil Aviation Act 1988. These directives, as clarified in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they must be treated as such under the Legislative Instruments Act 2003. Such ADs are essential for ensuring the continuing airworthiness of aircraft types, a responsibility assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is required to develop or adopt measures to maintain the airworthiness of aircraft, and must respond to ADs issued by the State of Design by assessing and, if necessary, issuing corresponding Australian ADs.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include the assessment and potential issuance of Australian ADs in response to ADs from the State of Design. This process is mandated by international obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must ensure that any AD issued by the State of Design is assessed for its relevance to aircraft registered in Australia, and that an Australian AD is issued if necessary to mandate the requirements specified by the State of Design. The State of Registry must also ensure that aircraft under its registry comply with all applicable ADs, both domestic and international.
Failure to comply with the requirements of an AD can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to civil penalties, which may include fines of up to $22,200 for individuals and $111,000 for corporations, as prescribed by section 27 of the Act. Furthermore, under section 135, any person who contravenes an AD may also face criminal penalties, including imprisonment for up to two years for individuals and fines of up to $111,000 for corporations. These penalties underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.