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 2006-0153R1, affecting AIRBUS A318, A319, A320 and A320 aircraft. EASA is the State of Design for these types. CASA has amended the equivalent Australian AD to AD/A320/193 Amendment 1 which will become effective on 15 March 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 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 establish a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. Under the authority of this Act, the Governor-General may create regulations to enhance the safety of air navigation, with a particular focus on maintaining the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further support these objectives by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, serve as a critical mechanism for ensuring that aircraft meet ongoing safety standards as required by international conventions, such as Annex 8 to the Convention on International Civil Aviation. This legislation underscores Australia's commitment to international safety standards while empowering CASA to act on directives issued by the relevant State of Design, thereby maintaining the integrity and safety of the Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The Civil Aviation Act 1988 allows the Governor-General to make these regulations to ensure the safety of air navigation. The ADs issued by CASA are in compliance with 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 aircraft types and must provide necessary information to States of Registry. As the national airworthiness authority in Australia, CASA must assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian-registered aircraft comply with international standards and maintain airworthiness. The ADs do not require consultation with the Australian public as they are issued in response to obligations under international conventions and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, and in particular section 98, grants the Governor-General the authority to create regulations intended to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is defined by subregulation 39.001(5) as a disallowable instrument, meaning it is subject to the provisions of section 46A of the Acts Interpretation Act 1901 and is therefore considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design, which is the country responsible for the design of an aircraft type, has the primary responsibility for ensuring the continuing airworthiness of that type. This involves providing any necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, which is the country where an individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
The European Aviation Safety Agency (EASA), as the State of Design for the AIRBUS A318, A319, A320, and A321 aircraft, issued AD 2006-0153R1. In response, CASA has amended the equivalent Australian AD to AD/A320/193 Amendment 1, which will take effect on 15 March 2007. This AD supersedes the previous version. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been conducted. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Under the Act, the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, has issued this AD on behalf of CASA in accordance with subsection 84A(2) of the Act. This process ensures that the AD aligns with the legislative framework and addresses safety concerns as mandated by international aviation standards.