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 issued AD 2006-0112R1 affecting Airbus A318, A319, A320 and A320 aircraft. France is the State of Design for these aircraft. As a result of the revision to EASA AD 2006-0112, CASA has amended the equivalent Australian AD to AD/A320/202 Amendment 1 which will become effective on 15 January 2009. This AD cancels and replaces the previous issue.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. These ADs are legislative instruments that align with international standards set by the International Civil Aviation Organization (ICAO) and are intended to maintain the safety standards of aircraft registered in Australia. The Civil Aviation Safety Regulations 1998 further detail the process for issuing these ADs, and such directives are subject to disallowance and must be assessed for their regulatory impact. The objective of this legislation is to harmonise Australia’s aviation safety standards with international practices, ensuring that the Australian civil aviation system maintains the highest levels of safety and compliance.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which are subsidiary legislation made under section 98 of the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These regulations apply to all aircraft and aeronautical products that are subject to the Civil Aviation Act 1988, thereby encompassing a wide range of entities including aircraft manufacturers, operators, and owners within the Commonwealth of Australia. The ADs are designed to ensure the continuing airworthiness of aircraft, and CASA, acting as Australia’s national airworthiness authority, is tasked with issuing these directives when necessary, particularly in response to airworthiness directives issued by the State of Design or in accordance with international conventions such as the Convention on International Civil Aviation. The ADs are legislative instruments, which means they are subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Exemptions or thresholds for specific applications of these directives are typically detailed within the ADs themselves or in related regulatory guidance, but generally, all aircraft registered in Australia must comply with the issued directives.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (s 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act and the Regulations are multifold. Firstly, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the States of Registry, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue a corresponding Australian AD to mandate the requirements. This process ensures that Australian-registered aircraft meet international safety standards.
The Act and Regulations also set out consequences for non-compliance with ADs. While the specifics of offences and penalties are not detailed in the text provided, the issuance of ADs is a regulatory measure designed to enforce compliance with airworthiness standards. Failure to comply with an AD could potentially result in legal consequences, including civil or criminal penalties, though these are not specified within the excerpt. The legislative framework underscores the importance of adhering to ADs to maintain the safety of air navigation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not detail specific penalties or consequences for breach within the provided excerpt. However, non-compliance with airworthiness directives generally carries significant implications. Such non-compliance could lead to enforcement actions by CASA, which might include fines, operational restrictions, or even the grounding of non-compliant aircraft. The overarching intent of these provisions is to ensure the highest standards of safety in air navigation by enforcing stringent compliance with airworthiness requirements.