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.
CASA issued AD/A320/2 affecting Airbus Industrie A320 model aircraft in 1989. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to create regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft. CASA, acting as Australia's national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that Australian-registered aircraft comply with international standards for airworthiness. The cancellation of an existing AD, such as AD/A320/2 for the Airbus Industrie A320 model, is executed under the authority of CASA and becomes effective as specified, without the need for public consultation or a Regulatory Impact Statement when it reduces the regulatory burden.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) within Australia, ensuring the safety of air navigation. The Act authorises the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and serve as crucial mechanisms for ensuring the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the airworthiness requirements. The AD/A320/2, affecting Airbus Industrie A320 model aircraft, was issued in 1989 but has now been cancelled by CASA due to the resolution of the original unsafe condition. The cancellation of this AD, which will become effective on 24 September 2009, does not require a replacement AD or public consultation, as it results in a reduction of regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations to ensure the safety of air navigation. Section 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. Subregulation 39.001(5) further clarifies that ADs are disallowable instruments, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the airworthiness of aircraft and ensuring compliance with international standards set by Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties governed by these regulations include the State of Design, which is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In the case of Australia, CASA must assess information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. This ensures that all aircraft registered in Australia meet the necessary safety standards.
The Act imposes several consequences for non-compliance with ADs. Any breach of the regulations may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The maximum penalties for these offences are not specified in the provided text, but they are generally outlined in other sections of the Civil Aviation Act 1988 and associated regulations. CASA's decision to cancel AD/A320/2, which was issued in 1989 and will be effective as of 24 September 2009, reflects the resolution of the original unsafe condition and the reduction of regulatory burden without necessitating a replacement AD.
The legislative process for issuing ADs involves the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, acting on behalf of CASA, in accordance with subsection 84A(2) of the Act. This highlights the structured and regulated approach taken by CASA to ensure that all safety measures are implemented effectively and transparently.