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 2007-0276 affecting Airbus A318, A319, A320 and A321 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/A320/210, which will become effective on 20 December 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia, providing a framework for ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, a responsibility delegated to the Civil Aviation Safety Authority (CASA). Specifically, the Civil Aviation Safety Regulations 1998 allow CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. These ADs ensure compliance with the continuing airworthiness requirements as stipulated by Annex 8 to the Convention on International Civil Aviation, with the State of Design holding primary responsibility for the airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as the recent European Aviation Safety Authority (EASA) AD 2007-0276 for Airbus A318, A319, A320 and A321 models, by issuing corresponding Australian ADs to maintain safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, as legislative instruments, fall under the purview of the Legislative Instruments Act 2003. The ADs are intended to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, acting as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) for Airbus A318, A319, A320, and A321 model aircraft, CASA has issued Australian AD/A320/210, which will take effect on 20 December 2007. This process does not involve public consultation as it adheres to international obligations and is based on directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) states that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework is grounded in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for ensuring the continuing airworthiness of aircraft types. The State of Design must provide necessary information to States of Registry to maintain airworthiness standards.
The obligations imposed by the Act and regulations include a duty for CASA, as Australia’s national airworthiness authority, to assess information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. For instance, the European Aviation Safety Authority (EASA) issued AD 2007-0276 concerning Airbus A318, A319, A320, and A321 model aircraft. CASA has reviewed this directive and issued Australian AD/A320/210, effective from 20 December 2007. Due to Australia’s international obligations under the Convention on International Civil Aviation and in response to the AD from the relevant State of Design, no public consultation was necessary for this AD. Moreover, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
Any breach of the requirements set out in the ADs could lead to significant consequences. Non-compliance with an AD may result in the aircraft being deemed unairworthy, which could prevent the aircraft from operating legally. Furthermore, such non-compliance may attract civil or criminal penalties under the Civil Aviation Act 1988. For instance, failure to comply with an AD could lead to fines or imprisonment, as stipulated in section 43 of the Act, which provides for penalties for breaches of regulations. The maximum penalties for such breaches can be severe, depending on the nature and severity of the offence, highlighting the importance of adhering to the airworthiness directives issued by CASA.