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 2006-0203 affecting Airbus A318, A419, A320 and A321 series aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/195, which will become effective on 26 October 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 Australian Parliament, serves as the foundational statute governing the regulation of civil aviation within Australia. This Act aims to ensure the safety and efficiency of air navigation, providing a framework for the oversight and management of aviation activities. The Civil Aviation Safety Regulations 1998, which complement the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), the national airworthiness authority. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft as mandated by international standards set by the International Civil Aviation Organization (ICAO). This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation, specifically in relation to the responsibilities of the State of Design and the State of Registry in ensuring aircraft safety.
Scope and Application
The Civil Aviation Act 1988 applies to aviation safety regulations, with the Civil Aviation Safety Regulations 1998 providing detailed rules, including the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. These directives can be mandated by the State of Design, such as the European Aviation Safety Agency (EASA), and are subsequently assessed and issued by CASA to comply with international obligations under the Convention on International Civil Aviation. The ADs apply to the relevant aircraft types registered in Australia and are intended to ensure safety in air navigation. The issuance of these ADs is done without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs extend to the geographic jurisdiction of Australia and are designed to maintain the safety standards set by international conventions and agreements.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 (CASR) pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the CASR. Section 98 empowers the Governor-General to make regulations for air safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments in line with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on ensuring the continuing airworthiness of aircraft. The State of Design, which in this case is the European Union Aviation Safety Agency (EASA) for Airbus A318, A319, A320, and A321 series aircraft, is responsible for the ongoing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which is Australia in this instance. CASA, as Australia's national airworthiness authority, must evaluate this information and issue an Australian AD if deemed appropriate. This process ensures that all aircraft registered in Australia comply with safety standards set by the relevant State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require public consultation for the issuance of ADs because these directives are issued in response to international obligations under the Convention on International Civil Aviation and the ADs raised by the relevant State of Design. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Act.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for breaching the requirements of the ADs issued under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. However, failing to comply with an AD could potentially lead to enforcement actions by CASA, which could include grounding the aircraft or imposing other regulatory penalties. The exact consequences would depend on the specific circumstances and the severity of the non-compliance.