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 98-292-117(B) affecting Airbus A321 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/220, 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 comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act, with a particular emphasis on the safety of air navigation. Under this legislative umbrella, the Civil Aviation Safety Regulations 1998 were also created, stipulating that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are essential tools for maintaining the continuing airworthiness of aircraft, as per international standards set by the Convention on International Civil Aviation. The Act facilitates Australia's adherence to these international obligations by enabling CASA to issue corresponding ADs when required by the State of Design, ensuring that Australian aircraft meet global safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued in response to international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, which is the responsibility of the State of Design, with the State of Registry ensuring compliance within its jurisdiction. The issuance of an AD by CASA, as seen with the Australian AD/A320/220 in response to French DGAC's AD 98-292-117(B), is a legislative instrument that does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This regulatory framework ensures that all aircraft registered in Australia meet the necessary safety standards in line with international agreements and the applicable state's requirements.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, grants the Governor-General the authority to create regulations for 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 specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as defined under section 6 of the Legislative Instruments Act 2003, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations are quite stringent. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the type’s airworthiness. This information is crucial for the State of Registry, which must then develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, the State of Registry must assess this information and, if appropriate, issue a corresponding AD. In Australia’s case, CASA, as the national airworthiness authority, must undertake this assessment and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with these ADs can lead to significant consequences. Civil Aviation Regulations 1998 outline various offences and penalties for non-compliance. Breaches of these regulations can result in criminal charges, with potential maximum penalties including fines and imprisonment. Civil penalties may also apply, such as financial penalties, and there can be additional consequences like the grounding of aircraft or other enforcement actions taken by CASA. The severity of these consequences underscores the importance of adhering to the ADs for the safety and regulation of aviation activities in Australia.