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 French DGAC has issued AD 1999-412-141(B) affecting Airbus A319 and A321 model aircraft. EASA/ France is the State of Design for Airbus aircraft types. CASA has assessed this AD and has issued Australian AD/A320/198 original issue, which will become effective on 15 February 2007.
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 regulate civil aviation in Australia and to ensure the safety of air navigation. This legislation empowers the Governor-General to create regulations that serve the interests of safety, with the Civil Aviation Safety Regulations 1998 further detailing operational requirements and responsibilities. Under section 98 of the Act and regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. These directives, which are legislative instruments, ensure that aircraft continue to meet airworthiness standards and are subject to international standards set by the Convention on International Civil Aviation. In this context, CASA, as Australia's national airworthiness authority, is tasked with issuing Australian ADs in response to ADs from the relevant State of Design, such as the French DGAC's AD 1999-412-141(B) affecting Airbus A319 and A321 models, which CASA has assessed and issued as AD/A320/198.
Scope and Application
The Civil Aviation Act 1988 applies to entities involved in civil aviation, including aircraft manufacturers, operators, and airworthiness authorities. The Act empowers the Governor-General to make regulations that serve the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These ADs are legislative instruments and subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of these regulations extends nationally, reflecting Australia's obligations under the Convention on International Civil Aviation. When a State of Design issues an AD affecting an aircraft type registered in Australia, CASA must evaluate this directive and, if deemed necessary, issue an Australian AD to enforce the safety requirements. This process is exemplified by CASA's issuance of Australian AD/A320/198 in response to an AD issued by the French DGAC for Airbus A319 and A321 models. This AD became effective on 15 February 2007, and no public consultation or Regulatory Impact Statement was required, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia, particularly concerning the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are governed by the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on parties such as CASA and States of Registry are significant. CASA, as the national airworthiness authority, must assess any airworthiness directives issued by the State of Design (the country where the aircraft was designed) and, if deemed appropriate, issue corresponding Australian ADs to enforce those requirements domestically. The State of Registry of an individual aircraft has the responsibility of ensuring the aircraft’s continuing airworthiness, which involves developing or adopting necessary requirements. In this context, when a State of Design, such as France’s DGAC, issues an AD for aircraft registered in Australia, CASA must evaluate the directive and implement it as an Australian AD if necessary.
Non-compliance with ADs can result in serious legal consequences. Under section 84A of the Civil Aviation Act 1988, failure to comply with an airworthiness directive can lead to enforcement actions. The potential penalties for non-compliance include significant fines and, in severe cases, imprisonment. For example, section 84D of the Act specifies that a person who contravenes an AD can be fined up to $10,000 for a corporation and up to $2,000 for an individual, with higher penalties applicable for repeated or more serious breaches. These provisions underscore the critical importance of adhering to airworthiness directives to maintain the safety standards required by Australian and international aviation regulations.