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 2007-0036-E affecting some Airbus A318, A319 and A320 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, which will become effective on 21 February 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 a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with ensuring that ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of certain Airbus models, are appropriately assessed and translated into Australian ADs, thereby fulfilling international obligations while safeguarding domestic aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby facilitating the regulation of continuing airworthiness. These ADs are legislative instruments as outlined in the Legislative Instruments Act 2003 and are necessary for compliance with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type's continuing airworthiness and must provide pertinent information to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue corresponding Australian ADs. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, given their alignment with international obligations and the specific nature of their application.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) has the power to issue ADs for particular types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties and entities include adherence to the ADs issued by CASA. CASA, as the national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide requisite information to ensure this airworthiness. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and must develop or adopt appropriate requirements to meet this responsibility.
Failure to comply with ADs can result in various civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives generally falls under the regulatory framework established by the Civil Aviation Act 1988 and associated regulations. In the case of non-compliance, penalties can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by the specific provisions of the legislation and the nature of the offence. The text mentions that ADs do not require a Regulatory Impact Statement and do not involve public consultation, highlighting the streamlined process for issuing these directives to ensure timely compliance with international safety standards.