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 2007-0178 affecting AIRBUS A318, A319, A320, and A321 aircraft. The EASA is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/207, which will become effective on 30 August 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 Acting Manager, New Technologies and Systems, 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, was introduced to provide a comprehensive legal framework governing all aspects of civil aviation in Australia, with a primary focus on ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Under this legislative umbrella, the Civil Aviation Safety Regulations 1998 were also established, delegating the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching objective of these regulations is to align with international standards set by the Convention on International Civil Aviation, ensuring that Australia’s civil aviation practices meet global safety benchmarks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. In the context of international obligations, the State of Design for a particular aircraft type has the responsibility for ensuring the continuing airworthiness of that type, as stipulated in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, must assess any relevant ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures. For instance, following the issuance of AD 2007-0178 by the European Aviation Safety Agency (EASA) concerning AIRBUS A318, A319, A320, and A321 aircraft, CASA assessed the directive and subsequently issued Australian AD/A320/207, which became effective on 30 August 2007. This process reflects Australia's commitment to international aviation safety standards and ensures that all aircraft registered in Australia meet the necessary safety requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for certain 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 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to ensure the continuing airworthiness of aircraft on the Australian Register. This includes assessing ADs issued by the State of Design, which, in the case of Airbus A318, A319, A320, and A321 aircraft, is the European Union Aviation Safety Agency (EASA). Upon receiving an AD from the EASA, CASA must evaluate the information provided and, if deemed appropriate, issue an Australian AD to enforce the requirements. This ensures that Australian operators of these aircraft types comply with international safety standards.
Failure to comply with an AD can result in significant consequences. Under regulation 39.002 of the Civil Aviation Safety Regulations 1998, an AD becomes legally enforceable upon issuance. Non-compliance can lead to civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations, as stipulated in section 42 of the Civil Aviation Act 1988. Additionally, operators who fail to comply with an AD may face criminal charges, resulting in imprisonment for up to two years for individuals and a fine of up to $111,000 for corporations. These stringent measures underscore the importance of adhering to airworthiness directives to maintain safety standards in aviation.