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 European Aviation Safety Authority (EASA) has issued AD 2006-0184 affecting Airbus A319, A320 and A321 model aircraft. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/201, 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, enacted to govern the safety of air navigation and civil aviation within Australia, empowers the Governor-General to create regulations that serve the interests of aviation safety. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are intended to ensure the continuing safety and airworthiness of aircraft registered in Australia, aligning with international standards set forth by the Convention on International Civil Aviation. The Civil Aviation Act 1988 and the associated regulations aim to maintain the highest safety standards in Australia's aviation industry, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. An AD, as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, is also recognised as a legislative instrument under the Legislative Instruments Act 2003. This legislative framework applies to all aircraft registered in Australia, imposing continuing airworthiness obligations on the State of Registry, in this case, CASA. The application of these regulations is in line with the obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to both the State of Design and the State of Registry. For example, when the European Aviation Safety Authority (EASA) issues an AD concerning Airbus A319, A320, and A321 aircraft, CASA, acting as Australia’s national airworthiness authority, is required to evaluate the information and, if necessary, issue a corresponding Australian AD. This process ensures compliance with international standards and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, as amended, allows for the issuance of regulations by the Governor-General to ensure the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that the State of Design (the country where the aircraft was designed) must uphold according to Annex 8 of the Convention on International Civil Aviation.
The State of Registry, which is the country where the aircraft is registered, is tasked with ensuring the continuing airworthiness of individual aircraft. This involves developing or adopting requirements to maintain airworthiness, as stipulated by Annex 8. When the State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian aircraft meet international safety standards.
Under these provisions, CASA has issued Australian AD/A320/201 in response to AD 2006-0184 from the European Aviation Safety Authority (EASA) concerning Airbus A319, A320, and A321 models. Given that this AD is a response to an international obligation and an AD issued by the relevant State of Design (France), no public consultation was necessary, and a Regulatory Impact Statement was not required. The AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
In terms of obligations, both the State of Design and the State of Registry are required to ensure that information related to airworthiness is communicated and acted upon appropriately. CASA's role includes assessing ADs from other countries and issuing corresponding Australian ADs where necessary. Failure to comply with these requirements could lead to serious safety issues, although specific penalties for non-compliance are not outlined in the provided text. The overarching aim is to maintain high safety standards in civil aviation.