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 2008-0048 affecting Airbus A319, A320 and A321 series aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/212, which will become effective on 8 May 2008.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to govern civil aviation safety in Australia, empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. The issuing of ADs is a response to Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry. CASA, acting as Australia’s national airworthiness authority, assesses this information and issues corresponding Australian ADs to ensure compliance with international standards.
As part of its regulatory function, CASA has issued AD/A320/212, effective from 8 May 2008, in response to EASA's AD 2008-0048 concerning Airbus A319, A320, and A321 series aircraft. Given the international nature of this directive and the specific obligations under the Convention on International Civil Aviation, public consultation was deemed unnecessary. Furthermore, the Office of Best Practice Regulation has concluded that such ADs do not require a Regulatory Impact Statement. This AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 applies to persons and entities involved in the operation of aircraft in Australia, and the Civil Aviation Safety Regulations 1998 govern the issuing of airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure their safety. This legislation covers all aircraft registered in Australia and extends to the responsibilities of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments under the Legislative Instruments Act 2003, and these directives must be assessed and potentially issued by CASA when a State of Design issues an AD against an aircraft type on the Australian Register. ADs do not require public consultation or a Regulatory Impact Statement, and they become effective as determined by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that serve the Act's purpose and the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulation underscores that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. This means that the State of Design must provide all necessary information to States of Registry to maintain the airworthiness of aircraft. For Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is upheld according to international standards.
The obligations extend to the State of Registry, which must develop or adopt requirements to ensure the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) affecting Airbus A319, A320, and A321 series aircraft, CASA is required to evaluate this directive and, if necessary, issue an Australian AD. For example, CASA issued Australian AD/A320/212 in response to EASA’s AD 2008-0048, which became effective on 8 May 2008. This process ensures that Australian aircraft meet international safety standards.
There are significant consequences for breaches of the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with ADs can result in severe civil or criminal penalties. While the specific penalties for non-compliance with ADs are not detailed in the provided text, they typically include fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach. Additionally, non-compliance can lead to the grounding of aircraft, which could have severe operational and financial implications for airlines and other affected parties.