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 2008-0032 affecting Airbus A318, 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/A320/223, 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, 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 by the Commonwealth Parliament, is the principal piece of legislation governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. In accordance with section 98 of the Act, the Governor-General has the authority to create regulations that support the Act's objectives, specifically focusing on the safety of air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are integral to maintaining the continuing airworthiness of aircraft and are issued in line with Australia’s obligations under the Convention on International Civil Aviation. The authority to issue such directives is exercised by CASA, Australia's national airworthiness authority, which must align with the directives issued by the State of Design when they pertain to aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, as mandated by regulation 39.001. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation is governed by the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which must provide necessary information to the States of Registry, and the States of Registry, which must implement the requirements to maintain airworthiness. In the case of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue Australian ADs to enforce the requirements. For instance, in response to the European Aviation Safety Authority’s AD 2008-0032 affecting Airbus A318, A319, A320, and A321 series aircraft, CASA issued AD/A320/223, effective from 5 June 2008. Given that these directives are issued in compliance with Australia's international obligations under the Convention on International Civil Aviation, they do not require public consultation or a Regulatory Impact Statement, and are made by authorised personnel within CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act's purposes, particularly for the safety of air navigation. Under these provisions, the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow 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 stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901. They are also subject to disallowance and must comply with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type. This involves providing necessary information to appropriate States of Registry, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For example, in the case of AD 2008-0032 issued by the European Aviation Safety Authority (EASA) for Airbus A318, A319, A320, and A321 series aircraft, CASA assessed the AD and issued Australian AD/A320/223, which took effect on 5 June 2008.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for ADs issued under international obligations or in response to directives from the State of Design. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with the ADs can result in severe civil and criminal consequences, including enforcement actions by CASA, potential grounding of non-compliant aircraft, and legal penalties for non-compliance.