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 2006-0263, affecting Airbus A320 series aircraft, in 2006. EASA is the State of Design for these types. As a result of advice from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/A320/195 Amendment 1, will become effective on 21 December 2006. 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 provide for the regulation of civil aviation in Australia, with a strong emphasis on safety. It empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, thereby addressing the need for comprehensive and effective governance of civil aviation activities within the country. Under the authority conferred by this Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments that serve as a crucial means of ensuring the continuing airworthiness of aircraft types, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs mandate specific requirements for maintaining aircraft safety, reflecting Australia's commitment to international aviation safety standards and obligations.
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 1998, as authorised by section 98 of the Civil Aviation Act 1988, apply to all persons, entities, and aircraft operating within Australia that are subject to the Civil Aviation Act 1988 and its regulations. Specifically, the Act and Regulations pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, which must be followed to ensure the continuing airworthiness of aircraft. The regulations extend to all types of aircraft and aeronautical products, ensuring that safety measures and compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, are maintained. While the ADs are legislative instruments and subject to disallowance, they are not subject to public consultation or Regulatory Impact Statements as they are issued in response to international obligations and directives from the State of Design. The jurisdictional reach of these regulations is national, encompassing all aircraft registered in Australia, irrespective of where they are designed or manufactured.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are regulatory instruments that mandate safety-related actions to ensure the continuing airworthiness of aircraft, as detailed in section 98 of the Civil Aviation Act 1988. An AD becomes effective as a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is considered a disallowable instrument in accordance with section 46A of the Acts Interpretation Act 1901.
These ADs impose significant obligations on both the State of Design and the State of Registry. The State of Design, such as the European Aviation Safety Agency (EASA) for Airbus A320 series aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure the safety and airworthiness of the aircraft type. On the other hand, the State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the safety requirements.
Failure to comply with an AD can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to enforcement actions, including fines and other penalties. The exact penalties depend on the severity of the breach and the specific regulatory provisions applicable to the situation. Given the importance of maintaining airworthiness standards, the potential for enforcement actions underscores the critical nature of adhering to these directives.
In summary, ADs issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 are legislative instruments that mandate specific safety requirements for aircraft and aeronautical products. They place significant obligations on both the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft. Non-compliance with these directives can lead to serious civil and criminal penalties, reinforcing the importance of adhering to the safety standards set forth in these regulations.