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 2006-0223, affecting Airbus A320 series aeroplanes. The EASA is the State of Design for these aeroplanes. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/A320/178 Amendment 1. The amended AD will become effective on 28 September 2006. 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.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. The 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 established. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft within Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Act was introduced to meet Australia's obligations under the Convention on International Civil Aviation and to ensure the safety and effectiveness of civil aviation practices within the country. The policy objective is to maintain and enhance the safety standards of aircraft operating within Australia, in alignment with international conventions and standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance in accordance with section 46A of the Acts Interpretation Act 1901. The ADs serve as a mechanism for continuing airworthiness, which is a responsibility shared between the State of Design, which must provide necessary information to ensure airworthiness, and the State of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues corresponding ADs to mandate the requirements for aircraft registered in Australia. The issuance of ADs is governed by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of this legislation include sections 98 of the Civil Aviation Act 1988, which empower the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) further classifies an AD as a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. This means that ADs carry the force of law and must be adhered to by relevant parties.
The obligations imposed by these provisions require CASA to assess any airworthiness directives issued by the State of Design, which in this case is the EASA for Airbus A320 series aeroplanes. Once assessed, CASA must issue a corresponding Australian AD if it is deemed appropriate, ensuring that the aircraft meet the continuing airworthiness requirements as stipulated by international conventions and agreements, specifically Annex 8 of the Convention on International Civil Aviation. This ensures that the aircraft type retains its airworthiness standards both domestically and internationally.
The ADs also place a responsibility on the State of Registry to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. This includes implementing and enforcing the requirements set out in any issued ADs, ensuring that the aircraft comply with safety standards and regulatory requirements. The obligations extend to ensuring that all necessary actions are taken to address any identified issues promptly to maintain the airworthiness of the aircraft.
In terms of consequences, non-compliance with the ADs can result in significant legal repercussions. The regulations do not explicitly state the penalties for breach, but given the critical nature of airworthiness and the safety implications, any failure to comply with an AD could potentially lead to severe civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The strict enforcement of these regulations underscores the importance of adhering to the issued ADs to maintain safety in the aviation industry.