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 French DGAC has issued AD F-2002-074(B)R1 affecting Airbus A321 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/213, which will become effective on 5 June 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 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, enacted to regulate and ensure the safety of air navigation, empowers the Governor-General to make regulations under section 98, with the primary aim of maintaining 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 certain types of aircraft or aeronautical products. These directives are integral to the continuing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901. The issuing of these directives is driven by Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) issuing airworthiness directives (ADs) under regulation 39.001 to ensure the continuing airworthiness of aircraft and aeronautical products. This regulatory framework applies to entities involved in the design, manufacture, and operation of aircraft, including aircraft operators, manufacturers, and maintenance organisations within Australia. The scope of these regulations extends nationally, covering all aircraft registered in Australia, regardless of the location of their design or manufacture. ADs are legislative instruments that CASA issues in response to international safety directives, such as those issued by the State of Design, in this case, France for the Airbus A321 model aircraft. The ADs are issued without public consultation as they are mandated by international obligations under the Convention on International Civil Aviation. There are no specific exclusions or thresholds stated in the regulations, but the issuance of ADs is subject to CASA's assessment and determination of necessity based on international standards and safety concerns.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, delegate to CASA the authority to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in the Act and the Regulations, the State of Design has a primary responsibility for the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to maintain the airworthiness of aircraft types. In turn, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. For instance, when a State of Design, such as France, issues an AD for an aircraft type registered in Australia, CASA must review the directive and, if appropriate, issue a corresponding Australian AD. This ensures that the Australian aircraft meet the safety standards set by the original State of Design.
Failure to comply with airworthiness directives can lead to significant consequences. The Civil Aviation Safety Regulations 1998 may impose obligations on aircraft operators to comply with ADs, and non-compliance can result in civil or criminal penalties. For example, the Act may provide for fines or imprisonment for serious breaches. In addition, operators who fail to adhere to ADs may face aircraft grounding, which can severely impact their operations. The specific penalties for breaches are outlined in the regulations and can vary depending on the severity and intent behind the non-compliance.
In the case of the French AD F-2002-074(B)R1 affecting Airbus A321 model aircraft, CASA has issued Australian AD/A320/213, which will take effect on 5 June 2008. This AD was issued without public consultation, as it was necessary to fulfil Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in line with subsection 84A(2) of the Act.