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 2006-0222, affecting Airbus A320 aircraft. The EASA is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/A320/192 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 legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs). Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are treated as such under the Legislative Instruments Act 2003. The policy objective is to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, acting as Australia's national airworthiness authority, assesses such information and issues corresponding ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for ensuring airworthiness. The State of Registry, in this case CASA, must then assess and implement these directives to align with international standards and ensure compliance within Australia. ADs serve as a common form of continuing airworthiness information and are issued by various ICAO Contracting States, including the European Union Aviation Safety Agency (EASA) for Airbus A320 aircraft. Consequently, when EASA issues an AD affecting aircraft registered in Australia, CASA must evaluate and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process does not require public consultation as it pertains to Australia's international obligations and is in direct response to directives issued by the relevant State of Design.
Key Provisions
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 serve as a mechanism for ensuring the continuing airworthiness of aircraft and are in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the airworthiness of aircraft types. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create such regulations in the interest of air navigation safety. ADs are considered legislative instruments under the Legislative Instruments Act 2003, given their disallowable nature as outlined in section 46A of the Acts Interpretation Act 1901.
Entities governed by the Act, particularly CASA, have the obligation to evaluate any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. This is to ensure compliance with the continuing airworthiness requirements mandated by the State of Design. For instance, in the case of the European Aviation Safety Agency (EASA) issuing AD 2006-0222 for Airbus A320 aircraft, CASA has amended the equivalent Australian AD to AD/A320/192 Amendment 1. This amendment, which replaces the previous directive, reflects Australia’s obligations under international conventions and is effective from 28 September 2006. This process ensures that Australian aircraft meet international safety standards.
The legislation imposes stringent compliance requirements on entities involved in the issuance and enforcement of ADs. CASA must rigorously assess the information provided by the State of Design and, if appropriate, issue corresponding ADs to mandate the required safety measures. The ADs must be meticulously documented and implemented, with clear timelines for compliance. Failure to adhere to these ADs can lead to severe consequences. Non-compliance with an AD can result in the grounding of an aircraft or the prohibition of flight operations until the necessary actions are taken to rectify the identified airworthiness issues. In extreme cases, non-compliance can lead to criminal charges under section 96 of the Civil Aviation Act 1988, with potential penalties including substantial fines and imprisonment. Additionally, civil liabilities may arise for any damages caused by non-compliance with ADs.