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 has issued AD 2006-0153 affecting AIRBUS A318, 319, 320, and 321 aircraft. The EASA is the NAA for the design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/193, which will become effective on 3 August 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, enacted by the Commonwealth Parliament, establishes a framework for civil aviation in Australia, focusing on ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations under section 98, which serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory approach is designed to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and to uphold the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when necessary, particularly in response to ADs issued by the State of Design of an aircraft type. This process ensures that Australian aircraft meet international safety standards and fosters global aviation safety and coordination.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are mandated by the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must assess and, where necessary, issue Australian ADs to align with directives from the State of Design, ensuring compliance with international standards. This process was exemplified in the issuance of AD/A320/193 by CASA, in response to the European Aviation Safety Agency’s AD 2006-0153 concerning AIRBUS A318, 319, 320, and 321 aircraft. Given the international nature of these directives and the lack of necessity for public consultation, CASA proceeded with issuing the AD without a Regulatory Impact Statement, under the authority of the Manager, New Technologies and Systems, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, in relation to the issuance of airworthiness directives (ADs), are sections 98 and 84A (subsection 2). Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The authority to issue these directives is further clarified under subsection 39.001(5) of the Regulations, which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA and other relevant entities include the responsibility to assess airworthiness information provided by the State of Design and, if deemed necessary, to issue corresponding ADs that mandate specific requirements to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, in this case the European Aviation Safety Agency (EASA), must provide necessary information to ensure the airworthiness of aircraft types, while the State of Registry, represented by CASA, must ensure that these requirements are met for aircraft registered in Australia. This is in line with the provisions of Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for continuing airworthiness.
The legislation also delineates the consequences for non-compliance with ADs. Although the specific penalties for breaches are not detailed in the provided text, it is understood that failure to adhere to ADs can lead to serious safety issues. Such non-compliance could result in civil or criminal penalties, depending on the nature and severity of the breach. The exact penalties would be governed by other sections of the Civil Aviation Act 1988 and associated regulations, but they may include fines or other sanctions imposed by CASA. The regulatory framework is designed to ensure that all parties involved maintain the highest standards of airworthiness, thereby protecting public safety.