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 EASA has issued AD 2008-0150 affecting Airbus A320 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and in response has issued AD/A320/226. The requirements of AD/A320/226 supersede those detailed in AD/A320/207. As a result AD/A320/207 will be cancelled with an effective date
23 October 2008.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia, particularly focusing on the safety aspects of air navigation. The Act provides the legal framework within which the Civil Aviation Safety Regulations 1998 are made, allowing for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure aircraft safety. These regulations are developed in response to international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities for the continuing airworthiness of aircraft to their State of Design and State of Registry. The Civil Aviation Safety Regulations 1998 enable CASA to issue ADs, which are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft registered in Australia. This legislative framework ensures that Australia's aviation safety standards are aligned with international practices, thereby protecting public safety in the context of civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under these laws, CASA can issue ADs for specific types of aircraft or aeronautical products, and such directives are considered legislative instruments. This authority is exercised in accordance with international obligations under the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. Specifically, the State of Design must provide necessary information to maintain airworthiness, while the State of Registry must implement requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, evaluates ADs issued by other contracting states and, where necessary, issues corresponding Australian ADs. The process for issuing and cancelling these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. Instead, ADs are issued by designated personnel within CASA, acting under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to establish regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if necessary, issue an Australian AD to ensure compliance with the State of Design’s requirements. For instance, in response to the EASA’s AD 2008-0150 concerning Airbus A320 series aircraft, CASA issued AD/A320/226, superseding the previous AD/A320/207, effective from 23 October 2008.
Any breach of these requirements can lead to significant consequences. Failure to comply with an AD can result in serious safety issues, potentially leading to grounding of aircraft, enforcement actions, or other regulatory penalties. The Civil Aviation Safety Regulations 1998 also outline the specific offences and penalties for non-compliance, including potential criminal charges and civil liabilities. The maximum penalties for breaches can vary depending on the severity of the infraction, with CASA having the authority to impose fines, issue compliance orders, or take other enforcement measures as necessary to ensure compliance with airworthiness standards.