AD/A320/193 Amdt 2 - Auxiliary Power Unit Starter and Air Intake System

Overview

The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby addressing the need for continuous airworthiness oversight. The legislative instruments act, specifically section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, classify these directives as disallowable instruments and legislative instruments, respectively. This regulatory approach ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's responsibility for an aircraft type's continuing airworthiness and the necessity for appropriate States of Registry to maintain airworthiness standards.

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 ADs are legislative instruments and serve to ensure the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia, to maintain these standards. CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This regulatory framework ensures that ADs issued by the European Aviation Safety Agency (EASA) for Airbus A320 aircraft, as the State of Design, are appropriately adapted and enforced in Australia through CASA’s AD/A320/193 Amendment 2, effective from 2 August 2007. Given the international nature of these regulations and the immediate safety implications, such ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.

Key Provisions

The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are instrumental in maintaining the continuing airworthiness of aircraft types, a responsibility primarily held by the State of Design as per Annex 8 to the Convention on International Civil Aviation. The obligations imposed by the Act and the Regulations require CASA to assess information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this instance, the European Aviation Safety Agency (EASA) issued AD 2006-153R2, affecting AIRBUS A320 aircraft, and CASA has amended the equivalent Australian AD to AD/A320/193 Amendment 2, which will take effect on 2 August 2007. This amendment replaces the previous issue, reflecting Australia’s obligations under the Convention on International Civil Aviation and the response to the EASA's AD. In the context of these regulations, the State of Registry, which in this case is Australia, is responsible for ensuring the continuing airworthiness of the aircraft registered within its territory. This responsibility involves developing or adopting requirements to ensure that aircraft remain airworthy, and CASA's role is pivotal in enforcing these requirements through the issuance of ADs. The process does not require consultation with the Australian public, as determined by the Office of Regulatory Review, which has also concluded that a Regulatory Impact Statement is not necessary for ADs. The AD in question was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in compliance with subsection 84A(2) of the Act. The legislation also outlines the potential consequences for non-compliance with the ADs. While specific penalties are not detailed in the provided text, it is implied that failure to adhere to the airworthiness directives could result in legal repercussions, including potential civil or criminal penalties. These could range from fines to more severe penalties depending on the severity and impact of the non-compliance. The primary aim of these regulations is to ensure the safety and airworthiness of aircraft, thereby protecting public safety and maintaining international aviation standards.