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 French DGAC has issued AD F-2005-139 affecting AIRBUS A318, A319 and A320 aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/184, which will become effective on 27 October.
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 for the safety of civil aviation, amongst other things. The Act empowers the Governor-General to make regulations that are in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a legislative instrument that is issued by the State of Design of an aircraft type and mandates continuing airworthiness requirements. In the case of aircraft designed in France, CASA issues an Australian AD in response to a French AD to meet Australia's obligations under the Convention on International Civil Aviation.
The Australian AD/A320/184 was issued by CASA on behalf of the Governor-General in accordance with section 84A(2) of the Act. This AD is a response to a French AD F-2005-139 issued by the Direction Générale de l’Aviation Civile (DGAC) for AIRBUS A318, A319 and A320 aircraft, and will become effective on 27 October. The AD is not subject to disallowance or a Regulatory Impact Statement and no consultation of the Australian public has taken place as it is issued in response to an AD raised by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic and jurisdictional reach of this legislation is national, extending to all aircraft registered in Australia and ensuring compliance with international standards as set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the continuing airworthiness of aircraft types, must provide necessary information to States of Registry, including Australia, which must then assess and, if necessary, issue corresponding ADs. The AD issued by CASA in response to the French DGAC's AD F-2005-139 for AIRBUS A318, A319, and A320 aircraft exemplifies this process, mandating specific safety requirements in accordance with international obligations. The issuance of such ADs typically does not require public consultation or a Regulatory Impact Statement, reflecting the urgency and international coordination required in aviation safety matters.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Regulations empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations placed on CASA by these provisions include assessing information from the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to ensure compliance with the requirements of the State of Design. The State of Registry, which is responsible for the individual aircraft’s continuing airworthiness, must also develop or adopt requirements to ensure the aircraft’s airworthiness.
Failure to comply with ADs can result in serious civil and criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and is liable to penalties. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, as well as any aggravating factors. The Act also provides for civil penalties, which can be applied by CASA for non-compliance with ADs, thereby reinforcing the importance of adhering to these safety measures.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out a clear process for issuing ADs, with obligations on CASA to ensure compliance and consequences for non-compliance. The issuance of an AD, such as the Australian AD/A320/184 in response to the French AD F-2005-139, is a critical mechanism for maintaining the safety standards of aircraft operating in Australian airspace. These provisions highlight the importance of international cooperation and adherence to safety regulations to ensure the highest standards of airworthiness.