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 2007-0067R1 affecting Airbus 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/A320/204, Amendment 1, which will become effective on 30 August 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 for the regulation of civil aviation in Australia with a focus on safety, efficiency, and economic viability. The Act empowers the Governor-General to create regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the issuance of ADs by the Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. This legislative framework is designed to ensure that aircraft meet the necessary safety standards and are maintained in a condition suitable for safe operation, aligning with international standards set by the Convention on International Civil Aviation.
The issuing of ADs, such as AD/A320/204, Amendment 1, reflects Australia’s commitment to international obligations and the need to coordinate safety measures with other states, particularly the State of Design. In this instance, CASA issued the directive in response to an AD from the European Aviation Safety Authority (EASA) concerning Airbus A319 and A320 models, thereby maintaining the continuing airworthiness of aircraft registered in Australia. The process does not require public consultation or a Regulatory Impact Statement, as it is governed by Australia’s obligations under international conventions and the specific requirements of the Civil Aviation Act and associated regulations.
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) for specific kinds of aircraft or aeronautical products in accordance with the Civil Aviation Act 1988. These directives serve to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for Airbus A319 and A320 models, holds the primary responsibility for issuing initial ADs, while the State of Registry, in this case, CASA as Australia’s national airworthiness authority, must assess and, if necessary, mandate these requirements within Australia. The ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and legislative oversight as per the Legislative Instruments Act 2003. This regulatory framework ensures that aircraft registered in Australia meet international safety standards, with CASA's role in issuing Australian ADs facilitating compliance and safety across the national aviation sector.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. In essence, ADs are a common form of continuing airworthiness information issued by ICAO Contracting States.
The obligations imposed by the ADs are primarily on the State of Registry and CASA. The State of Registry must ensure the continuing airworthiness of individual aircraft, while CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. For example, in response to AD 2007-0067R1 issued by the European Aviation Safety Authority (EASA) for Airbus A319 and A320 model aircraft, CASA has issued Australian AD/A320/204, Amendment 1, effective from 30 August 2007.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the ADs in the provided text. However, the issuance of ADs is a critical regulatory mechanism to ensure compliance with international standards for airworthiness, and failure to adhere to these directives could potentially lead to safety concerns and legal repercussions under the broader framework of the Civil Aviation Act 1988 and associated regulations.