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 2007-0064 affecting Airbus A319, A320 and A321 aircraft. Europe is the State of Design for A319, A320 and A321 aircraft types. CASA has assessed this AD and has issued Australian AD/A320/205, 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, enacted by the Australian Parliament, is designed to regulate civil aviation activities within Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain aircraft safety. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to harmonise Australia’s approach to aircraft safety with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under the Convention on International Civil Aviation. In line with ICAO’s Annex 8, the State of Design is responsible for an aircraft type’s continuing airworthiness, while the State of Registry ensures individual aircraft meet airworthiness standards. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when necessary to comply with international obligations, such as those arising from AD 2007-0064 issued by the European Aviation Safety Agency for Airbus A319, A320, and A321 aircraft types.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products meet safety standards. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products in the interests of safety. Such ADs are legislative instruments that carry legal weight and are subject to disallowance as per the Acts Interpretation Act 1901. The ADs are a response to Australia's international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types, requiring them to provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, assesses this information and may issue corresponding Australian ADs to enforce the requirements outlined by the State of Design. For instance, in the case of European EASA's AD 2007-0064 affecting Airbus A319, A320, and A321 aircraft, CASA assessed the directive and issued Australian AD/A320/205, which became effective on 10 May 2007. Given the international nature of these directives and their alignment with obligations under international conventions, no public consultation was required, and the Office of Regulatory Review determined that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia. Under section 98 of this Act, the Governor-General is empowered to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of 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. An AD is a disallowable instrument as defined in section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft types. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of a particular aircraft type, and must provide any necessary information to the State of Registry to maintain this airworthiness. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt the requisite requirements to do so. When a State of Design, such as the European EASA in this instance, issues an AD for an aircraft type registered in Australia, CASA must evaluate this information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these regulations on CASA include the assessment of ADs issued by other states, and the subsequent issuance of Australian ADs when deemed necessary. For example, the European EASA issued AD 2007-0064 concerning Airbus A319, A320, and A321 aircraft. As Europe is the State of Design for these aircraft types, CASA evaluated the directive and issued Australian AD/A320/205, which became effective on 10 May 2007. It is important to note that due to Australia’s obligations under the Convention on International Civil Aviation, and the fact that this AD is a direct response to a directive from the relevant State of Design, no public consultation was required for this AD. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with an airworthiness directive can have serious consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is clear that these directives carry significant regulatory weight. Non-compliance with ADs could potentially result in enforcement actions by CASA, including fines, suspension, or revocation of aircraft certificates of airworthiness. Such actions underscore the importance of adhering to airworthiness directives to maintain the safety and airworthiness of aircraft operating within Australia.