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 F-2005-101 affecting Airbus A318, A319, A320, A321 aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/200, which will become effective on 15 March 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, Airframes 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, focusing on the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments designed to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses ADs issued by the State of Design and, if appropriate, issues Australian ADs to mandate the necessary requirements. This legislative framework aims to maintain high safety standards in Australian civil aviation, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These regulations mandate that the Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs in response to ADs from the State of Design of an aircraft type registered in Australia. Such directives are essential for maintaining the continuing airworthiness of aircraft types and are aligned with international standards set forth by the International Civil Aviation Organization (ICAO). The issuance of these ADs is subject to the obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. These ADs apply to all aircraft registered in Australia that fall within the scope of the relevant AD, ensuring compliance with safety standards set forth by both Australian and international aviation authorities.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia’s national airworthiness authority, is mandated to ensure the continuing airworthiness of aircraft registered in Australia. This responsibility extends to assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. For example, in response to an AD issued by the French DGAC concerning Airbus A318, A319, A320, and A321 aircraft, CASA issued AD/A320/200, which will become effective on 15 March 2007. Given that these ADs are issued in response to international obligations under the Convention on International Civil Aviation, CASA does not consult the Australian public on such directives. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The obligations imposed by the ADs primarily rest on aircraft operators and owners. They are required to comply with the specified maintenance, operational, or modification requirements within the stipulated timeframe. Failure to comply with an AD can result in serious safety risks, as non-compliance can lead to the aircraft being considered unairworthy. The Civil Aviation Safety Regulations 1998 also outline the procedures for the issuance, dissemination, and enforcement of ADs, ensuring that all relevant parties are informed of their obligations.
Any breaches of the ADs can lead to significant consequences. Under section 98D of the Civil Aviation Act 1988, non-compliance with an AD is a civil penalty offence. The maximum penalty for individuals can be up to $165,000, while for bodies corporate, the penalty can be up to $825,000. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft or imposing fines. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.