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 EASA has issued AD 2006-0112 affecting Airbus A318, A319, A320 and A321 model aircraft. Europe is the State of Design for Airbus aircraft types. CASA has assessed this AD and has issued Australian AD/A320/202, 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, 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 address the need for comprehensive regulation of civil aviation safety in Australia, ensuring the protection of life, property, and the environment in the realm of civil aviation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to comply with international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and mandates that States of Registry ensure the ongoing airworthiness of individual aircraft. The issuance of ADs, as stipulated in the Civil Aviation Act and the associated regulations, is a legislative instrument that adheres to the requirements of the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act, the Governor-General has the authority to make regulations, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type’s airworthiness and must provide necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority, assesses these directives and issues corresponding Australian ADs when required. For example, in response to European EASA’s AD 2006-0112 concerning Airbus A318, A319, A320, and A321 models, CASA issued AD/A320/202, effective from 15 March 2007. This process underscores Australia's commitment to international aviation safety standards without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations essential for ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, which include the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs apply to specific kinds of aircraft or aeronautical products, and according to subregulation 39.001(5), they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the State of Design, which is the country responsible for the design of the aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This obligation includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered. Australia, through CASA, is a State of Registry and must adhere to these international standards. When an AD is issued by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Airbus aircraft, CASA must review the information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with ADs could potentially result in civil or criminal penalties. Typically, such penalties could include fines or imprisonment, depending on the severity of the breach and the specific regulatory framework in place. The enforcement of these regulations is crucial to maintaining the high safety standards required in the aviation industry.