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 EASA issued AD 2007-0217, affecting Airbus A320 series aircraft, in 2007. EASA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD (AD/A320/174 Amdt 1) to reference the cancellation of CASA AD/A320/138. AD/A320/138 mandated the requirements of DGAC AD 2002-125(B) dated 6 March 2002 which was subsequently superseded by EASA AD 2007-0217 dated 9 August 2007. The amended AD, AD/A320/174 Amendment 2, will become effective on 16 March 2012. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation activities within Australia, focusing on the safety of air navigation. The Act allows the Governor-General to create regulations that support the Act's objectives, and under its authority, the Civil Aviation Safety Regulations 1998 were established. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by most states that are party to the Convention on International Civil Aviation. The authority to issue such ADs is rooted in Annex 8 of the Convention, which mandates that the State of Design, such as the European Aviation Safety Agency (EASA) for the Airbus A320 series, holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, such as CASA for Australian-registered aircraft, must ensure the ongoing airworthiness of individual aircraft. The ADs, thus, play a crucial role in maintaining safety standards across international borders.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance 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, ensuring adherence to safety standards and compliance with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and scrutiny as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft registered in Australia, reflecting the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the airworthiness of aircraft types, and the State of Registry must ensure the airworthiness of individual aircraft. In this context, CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to enforce necessary safety measures. Exemptions or exclusions from these ADs are not explicitly mentioned in the text, but the application is contingent on international obligations and the specifics of aircraft types and their registration. The ADs may be further refined or extended through subordinate instruments, aligning with the regulatory framework and industry requirements.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the Act's purposes and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to ensure this to the States of Registry. ADs are a common form of continuing airworthiness information issued by most ICAO Contracting States. The State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
The AD issued in this instance relates to Airbus A320 series aircraft and has been amended in response to a request from industry. This amendment references the cancellation of CASA AD/A320/138, which previously mandated the requirements of DGAC AD 2002-125(B) dated 6 March 2002, superseded by EASA AD 2007-0217 dated 9 August 2007. The amended AD, AD/A320/174 Amendment 2, will take effect on 16 March 2012, cancelling and replacing the previous issue. Given that this AD is issued in accordance with Australia's obligations under the Convention on International Civil Aviation and in response to an AD by the relevant State of Design, no consultation of the Australian public has taken place.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This AD is also compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it sets out technical requirements without engaging any applicable rights or freedoms. The AD has been issued by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.