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 2007-0036R1 affecting Airbus A318, 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/A320/203, Amendment 1, which will become effective on 12 April 2007. 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, 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 a comprehensive legal framework for civil aviation in Australia, addressing issues related to the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives to ensure the continuing safety of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing these directives. One such directive, AD/A320/203, Amendment 1, was issued by the Civil Aviation Safety Authority (CASA) in response to an airworthiness directive from the European Aviation Safety Authority (EASA) concerning Airbus A318, A319, A320, and A321 model aircraft. This Australian directive, effective from 12 April 2007, replaces previous mandates and is issued under Australia's obligations under the Convention on International Civil Aviation, reflecting the responsibility of the State of Registry to ensure the continuing airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Airbus A320) Instrument 2007 pertains to the issuance of airworthiness directives, which are regulatory instruments designed to ensure the continuing airworthiness of specific aircraft types or aeronautical products. These directives apply to aircraft operators, maintenance organisations, and other relevant entities within Australia, as well as to the specific types of aircraft designated in the directive, namely Airbus A318, A319, A320, and A321 models. This legislative instrument extends to the entire Commonwealth of Australia and is issued in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. As these directives are issued in response to international obligations under the Convention on International Civil Aviation and are based on directives issued by the State of Design, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) are section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument.
The obligations imposed by the Civil Aviation Act and the Regulations on the parties or entities they govern include ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, which involves providing necessary information to the appropriate States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. For instance, when the State of Design, such as France for Airbus A318, A319, A320, and A321 models, issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 do not detail specific offences or penalties for non-compliance with ADs, but non-compliance can have significant legal and safety consequences. Failure to adhere to an AD can result in the grounding of an aircraft or the prohibition of flight operations, potentially leading to civil or criminal liability for the aircraft operator. Under section 36 of the Civil Aviation Act 1988, CASA has the authority to issue infringement notices for breaches of certain civil aviation regulations, which can result in fines. Additionally, more serious breaches may lead to prosecution in a court, resulting in heavier fines or imprisonment, depending on the severity of the breach and its impact on aviation safety.
The legislative process for issuing ADs such as AD/A320/203, Amendment 1, involves CASA’s assessment and issuance in response to an AD from the relevant State of Design, as seen in the case of the European Aviation Safety Authority’s AD 2007-0036R1. Given the international obligations under the Convention on International Civil Aviation and the nature of ADs as continuing airworthiness information, these directives often do not undergo public consultation or require a Regulatory Impact Statement. The AD is 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.