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 2007-0067 affecting Airbus A319 and A320 aircraft. Europe is the State of Design for A319 and A320 aircraft types. CASA has assessed this AD and has issued Australian AD/A320/204, which will become effective on 10 May 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 ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft and aeronautical products. These ADs are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs are often issued in response to directives from the State of Design, which has the primary responsibility for the airworthiness of an aircraft type. As such, CASA assesses these directives and issues corresponding Australian ADs, ensuring compliance with international standards and maintaining the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to mandate the continuing airworthiness of specific types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness information from the State of Design or in accordance with international obligations under the Convention on International Civil Aviation. For instance, when the European Union's aviation safety authority issues an AD affecting aircraft types registered in Australia, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. Such directives are not subject to public consultation or the requirement for a Regulatory Impact Statement, given their specific nature and international obligations. The ADs are issued by authorised CASA personnel, such as the Manager, Airframes, within the Manufacturing, Certification and New Technologies Office, acting on behalf of CASA in compliance with the Act.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. Under the Convention on International Civil Aviation, the State of Design—in this case, Europe for Airbus A319 and A320 aircraft—has the primary responsibility for the continuing airworthiness of aircraft types. This includes providing necessary information to ensure airworthiness to States of Registry, which must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdictions.
The obligations imposed by these regulations on the parties involved are significant. The State of Design, in this instance, Europe, must provide information necessary for maintaining the airworthiness of aircraft types registered in other states, such as Australia. CASA, as Australia’s national airworthiness authority, is required to assess this information and, if necessary, issue corresponding Australian ADs. This process ensures that all aircraft registered in Australia comply with the airworthiness standards set by the State of Design. Furthermore, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure that the aircraft it registers meet the necessary safety standards.
Failure to comply with the ADs can result in various consequences. While the text does not detail specific offences or penalties, the issuance of ADs under the Civil Aviation Safety Regulations 1998 and the authority granted by the Civil Aviation Act 1988 imply that non-compliance could lead to legal ramifications. Such consequences might include fines, operational restrictions, or other enforcement actions taken by CASA to ensure that the aircraft remain airworthy. The specific penalties would depend on the severity of the non-compliance and the resultant risk to safety.