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.
CASA issued AD/A320/19 affecting Airbus A320 model aircraft in 1991. As a result of a request from industry CASA has reviewed this AD and amended it correct an incorrect reference to the French AD it is based on. The amended AD, AD/A320/19 Amendment 1, will become effective on 16 April 2010. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, 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 regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations for the purposes of the Act, particularly with regard to the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory framework responds to Australia’s commitments under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and mandates that necessary information be provided to States of Registry to maintain airworthiness standards. CASA, as Australia's national airworthiness authority, issues ADs based on assessments of information from States of Design to ensure compliance with these international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft as mandated by international conventions, specifically Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for ensuring the airworthiness of aircraft types and must provide necessary information to the States of Registry, which in turn, must implement measures to ensure the airworthiness of registered aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce the requirements stipulated by the State of Design. This particular AD/A320/19 Amendment 1 pertains to Airbus A320 model aircraft and was issued to correct an earlier reference error in an existing AD. Given the international obligations and the specific nature of the amendments, there has been no consultation with the Australian public, and a Regulatory Impact Statement is deemed unnecessary by the Office of Best Practice Regulation. The Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch at CASA has issued this amended directive in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, allow the Governor-General to enact regulations for the safety of air navigation (section 98), and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)).
These regulations impose clear obligations on CASA and other entities involved in the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and issue Australian ADs when necessary. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to the appropriate States of Registry. Meanwhile, the State of Registry must implement or adopt the requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. This collaborative responsibility ensures that all aircraft maintain their airworthiness standards as per international conventions and regulations.
Failure to comply with an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 outline that non-compliance with an AD may lead to significant civil and criminal penalties. Specifically, the Civil Aviation Act 1988 includes provisions that allow CASA to take enforcement actions against entities that fail to comply with ADs. The maximum penalties for contravening these regulations can include substantial fines and potential imprisonment for individuals responsible for the oversight of aircraft maintenance and airworthiness. The exact penalties can vary depending on the severity and impact of the non-compliance, but they serve as a strong deterrent against disregarding airworthiness directives.
The issuance of the amended AD/A320/19 Amendment 1 for Airbus A320 model aircraft, which corrects an error in the original AD/A320/19 issued in 1991, highlights the ongoing commitment to maintaining high safety standards. Since this AD is directly linked to Australia's obligations under the Convention on International Civil Aviation, and due to its origin from a State of Design AD, there has been no requirement for public consultation or a Regulatory Impact Statement. This streamlined process ensures that critical safety information is disseminated and implemented efficiently without unnecessary delays. The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued with proper authority and oversight.