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 European Aviation Safety Authority (EASA) has issued AD 2007-0218 affecting Airbus A318, A319, A320 and A321 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/192, Amendment 2, which will become effective on 27 September 2007. 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, Systems and New Technologies in the Airworthiness Engineering Branch, 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, addressing the need for a comprehensive regulatory framework to govern the industry. Under this Act, the Governor-General has the authority to make regulations that support the Act's objectives, particularly in relation to the safety of air navigation. In accordance with the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are essential for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The ADs issued by CASA are a response to similar directives from the States of Design, ensuring that Australian aviation standards align with international obligations and safety requirements. The policy objective is to harmonise national regulations with international standards, thereby ensuring the safety and efficiency of Australia's civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under the overarching framework of the Civil Aviation Act 1988, which aims to ensure the safety of air navigation. An AD is considered a legislative instrument and is subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must ensure that any AD issued by the State of Design, such as the European Aviation Safety Authority (EASA) for Airbus A318, A319, A320, and A321 models, is assessed and, if appropriate, translated into an Australian AD. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs (section 39.001(5)) are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under the Legislative Instruments Act 2003. They are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design for the continuing airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, must ensure the continuing airworthiness of individual aircraft. Consequently, when the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to issue ADs for aircraft registered in Australia when they are required to maintain airworthiness standards. This obligation includes the assessment and potential adoption of ADs issued by other countries' aviation authorities, such as the European Aviation Safety Authority (EASA), particularly when these ADs pertain to aircraft types designed by states with which Australia has agreements. CASA must ensure that these ADs align with Australian standards and are implemented effectively across the registered aircraft fleet. Additionally, CASA must ensure that the ADs are communicated effectively to aircraft owners and operators to ensure compliance.
Failure to comply with the ADs may result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as potential criminal penalties, which can include imprisonment. CASA has the authority to enforce compliance through various means, including the issuance of compliance notices, suspension or revocation of airworthiness certificates, and legal proceedings. The severity of penalties underscores the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating within Australia.