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 issued AD F-2006-011 R1, affecting Airbus Industries A318, A319, A320 and A321 aircraft, in 2006. France is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to reference the latest revision of the requirements document issued by the Airbus Industries. The amended AD, AD/A320/190, Amendment 2, will become effective on 13 April 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, Airframes, 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 establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, which are legislative instruments, are mandated by the State of Design for the continuing airworthiness of aircraft types and are adopted by the State of Registry, such as CASA in Australia. This legislative framework addresses the need for harmonised safety standards in international civil aviation, aligning with obligations under the Convention on International Civil Aviation. The ADs are issued in response to identified safety concerns and are designed to maintain the airworthiness of aircraft in accordance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all persons and entities involved in the operation, maintenance, and certification of aircraft within Australia, including aircraft manufacturers, operators, maintenance providers, and air traffic control services. These regulations are designed to ensure the safety of air navigation and are applicable nationally, encompassing the entire Commonwealth of Australia. The issuance of airworthiness directives (ADs) under regulation 39.001 is a key mechanism for maintaining the continuing airworthiness of aircraft, with these directives being legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of safety, which CASA executes through the issuance of ADs when required. Exemptions or exclusions from these regulations are not explicitly stated in the text, but they are likely to be covered under specific provisions or subsequent subordinate instruments. The application of these regulations extends to ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation, reflecting Australia’s commitment to harmonising its aviation safety measures with global practices.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and its associated regulations primarily focus on ensuring the safety and continuing airworthiness of aircraft. The State of Design, which in this case is France for Airbus Industries A318, A319, A320, and A321 aircraft, bears the responsibility for the continuing airworthiness of the aircraft type. They must provide any necessary information to ensure the aircraft's continuing airworthiness to the appropriate States of Registry. For Australia, CASA, as the national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. The State of Registry must then develop or adopt the necessary requirements to ensure the continuing airworthiness of the aircraft registered within their jurisdiction.
Failing to comply with the provisions of the ADs can lead to serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly detail offences or penalties for non-compliance with ADs, but non-compliance generally results in civil or criminal liabilities under the Civil Aviation Act 1988. Such liabilities can include fines or imprisonment, depending on the severity of the violation. Specifically, section 29 of the Act provides for fines of up to $165,200 for individuals and $826,000 for corporations for breaches related to airworthiness. Additionally, section 30 of the Act imposes penalties for endangering an aircraft, which can lead to imprisonment for up to 20 years. CASA’s enforcement actions can include grounding of non-compliant aircraft, which can have significant operational and financial impacts on the operators.