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.
EASA has issued AD 2006-0106-E affecting A318, A319, A320 and A321 aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/192, which will become effective on 8 May 2006.
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 legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In the interests of this overarching objective, the Act grants the Governor-General the authority to make regulations under section 98, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, which serve as legislative instruments, are designed to maintain the continuing airworthiness of aircraft types and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation. The policy objective of this regulatory framework is to align Australia's aviation safety standards with international norms and to ensure the effective coordination between the States of Design and Registry in managing aircraft safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia and align with Australia's obligations under the Convention on International Civil Aviation. The geographic and jurisdictional reach of these regulations applies nationally, as CASA is the national airworthiness authority mandated to enforce compliance with airworthiness standards. ADs are considered legislative instruments under the Legislative Instruments Act 2003, subject to disallowance under the Acts Interpretation Act 1901. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and CASA must issue corresponding ADs if necessary. In this specific instance, CASA issued Australian AD/A320/192 in response to an AD issued by the European Aviation Safety Agency (EASA) for A318, A319, A320, and A321 aircraft. Given the international nature and the direct response to a State of Design directive, no public consultation was required, and no Regulatory Impact Statement was deemed necessary.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulation ensures that ADs serve as a legislative instrument under the Legislative Instruments Act 2003, as they are disallowable instruments per section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations are significant for both the State of Design and the State of Registry. The State of Design, which is responsible for the continuing airworthiness of a specific aircraft type, must provide necessary information to ensure airworthiness. This includes issuing ADs, which are essential tools for maintaining airworthiness standards. On the other hand, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft on their register. In the context of Australian aviation, CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs.
Failure to comply with these ADs can lead to serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA is responsible for issuing ADs that align with international standards and obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation. Non-compliance with these directives can result in penalties, both civil and criminal, depending on the severity and impact of the breach. Such penalties could include fines or other sanctions as prescribed by the relevant aviation regulations.
In the case of the AD issued by CASA (AD/A320/192), which aligns with EASA's AD 2006-0106-E for A318, A319, A320, and A321 aircraft, there was no public consultation as it was issued in response to international obligations. Additionally, the Office of Regulatory Review determined that such ADs do not require a Regulatory Impact Statement, streamlining the process while ensuring safety standards are met. CASA, through its Manager of New Technologies and Systems, issued the AD in accordance with the legal requirements outlined in the Civil Aviation Act 1988.