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-2005-191 affecting AIRBUS A320 model aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/187, which will become effective on 5 December 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 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 ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations to further the safety of air navigation, and under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were created. These regulations, including regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. This legislative framework is integral to Australia’s obligations under the Convention on International Civil Aviation, particularly in relation to continuing airworthiness responsibilities held by the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, assesses and issues ADs to comply with international standards and to ensure safety within the Australian aviation sector.
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 this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such directives are legislative instruments that must adhere to the requirements set forth in the Legislative Instruments Act 2003. The ADs are a reflection of Australia's commitment to international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, is responsible for assessing information from foreign ADs and issuing corresponding Australian ADs to ensure compliance with international standards. In the instance of AD F-2005-191 issued by France for AIRBUS A320 model aircraft, CASA issued Australian AD/A320/187 to mandate the same requirements. Given the international context and the specific nature of these directives, there is no requirement for public consultation or a Regulatory Impact Statement for such ADs.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) through regulation 39.001. Section 98 of the Act allows the Governor-General to create regulations that serve the safety of air navigation. Regulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument under the Legislative Instruments Act 2003. This regulatory framework enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products.
Under this legislation, CASA has a crucial role in ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as France for the AIRBUS A320 model, CASA is required to assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet international safety standards. This responsibility is mandated under Annex 8 to the Convention on International Civil Aviation, where the State of Design must provide necessary information to ensure continuing airworthiness, and the State of Registry must adopt requirements to maintain this airworthiness.
The obligations imposed on the parties governed by this Act are significant. The State of Design, such as France, must provide necessary information to ensure the continuing airworthiness of aircraft types, which CASA then assesses and may implement through an Australian AD. CASA must ensure that all ADs issued are in line with international safety standards and effectively communicated to relevant stakeholders. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These requirements include monitoring and enforcing compliance with ADs.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence. The maximum penalties for such offences include substantial fines and, in some cases, imprisonment. For instance, individuals or entities that fail to comply with an AD may face fines up to a specified amount, and in more severe cases, imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to maintain the safety of air navigation.