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-2001-381(B) affecting Airbus A319, A320 and A321 model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/216, 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 was enacted to provide a legislative framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support these objectives. One such regulation, specified under section 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 serve as a key mechanism for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards established by the State of Design and enforced by the State of Registry. This regulatory approach aligns with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design hold responsibility for the continuing airworthiness of an aircraft type and provide necessary information to States of Registry. CASA, acting as Australia's national airworthiness authority, assesses ADs issued by foreign States of Design and, if necessary, issues corresponding Australian ADs to enforce compliance.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for Airbus A319, A320, and A321 models, holds the primary responsibility for issuing ADs based on their design, while the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction. As such, CASA issues Australian ADs to enforce the requirements set by the State of Design, thereby aligning with international obligations and ensuring the safety standards are met for aircraft registered in Australia. This process does not involve public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations that are in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) of the same regulations clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with assessing airworthiness directives issued by the State of Design and, if deemed appropriate, issuing its own ADs. For instance, when the French Directorate General for Civil Aviation (DGAC) issued AD F-2001-381(B) concerning Airbus A319, A320, and A321 aircraft, CASA assessed this directive and issued its own AD/A320/216. The French DGAC is the State of Design for these aircraft types, and CASA, as the national airworthiness authority in Australia, is obligated to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards.
The obligations placed on CASA and other relevant entities include the continuous assessment and potential implementation of ADs issued by other countries' regulatory bodies. This ensures that Australian aircraft meet international safety standards. The State of Registry, which in this case is Australia, must develop or adopt requirements to maintain the continuing airworthiness of aircraft. This process is further aligned with Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and mandates the provision of necessary information to the State of Registry.
Failure to comply with the airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can result in civil or criminal penalties. The specific penalties are not detailed in the provided text, but they could include fines, imprisonment, or other regulatory actions. Such measures are designed to enforce adherence to safety standards and ensure the safety of air navigation.