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 2008-0034 affecting Airbus A318, A319, A320 and A321 aeroplanes. EASA acts on behalf of France, the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/A320/224, which will become effective on 3 July 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 was enacted to regulate civil aviation activities in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. Under section 98 of this Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation, delegating the authority to the Civil Aviation Safety Authority (CASA) through the Civil Aviation Safety Regulations 1998. These regulations, including the process for issuing airworthiness directives (ADs), are designed to uphold the standards set by the International Civil Aviation Organization (ICAO) and to maintain the safety of aircraft registered in Australia. The Act facilitates Australia's compliance with international obligations, particularly concerning the continuing airworthiness of aircraft types, by enabling CASA to issue ADs in response to directives from the State of Design or based on its own assessments. This regulatory framework ensures that all aircraft operating within Australia meet stringent safety standards, addressing the need for consistent and internationally aligned aviation safety measures.
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 specific kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia and is in line with international obligations under the Convention on International Civil Aviation, particularly those set forth in Annex 8. The State of Design, such as France for certain Airbus models, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in Australia is CASA. CASA, as the national airworthiness authority, is tasked with assessing this information and issuing Australian ADs to ensure compliance with international standards. The application of these regulations is not limited by geographic boundaries but extends nationally, encompassing all aircraft registered within Australia. While the ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the power to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must be registered under the Legislative Instruments Act 2003.
An airworthiness directive is a regulatory requirement issued by CASA to address a safety issue with a particular type of aircraft or aeronautical product. When CASA issues an AD, it mandates specific actions or requirements that must be followed to ensure the continuing airworthiness of the affected aircraft. For example, CASA has issued Australian AD/A320/224 in response to an AD issued by the European Aviation Safety Authority (EASA) for certain Airbus aeroplanes. This AD requires the implementation of specific modifications or inspections to address safety concerns identified by EASA.
The obligations imposed by these ADs fall primarily on the operators of the affected aircraft. Operators must comply with the requirements outlined in the ADs, such as conducting necessary inspections, making required repairs, or implementing specified operational limitations. Failure to comply with an AD can result in serious safety risks and may lead to enforcement actions by CASA. Operators are expected to be aware of all applicable ADs for their aircraft and to implement the required actions within the specified timeframes.
Failure to comply with an AD can result in significant consequences. CASA has the authority to take enforcement actions against non-compliant aircraft operators, which may include grounding the aircraft, imposing fines, or pursuing legal action. The severity of the penalties depends on the nature and extent of the non-compliance. Under the Civil Aviation Act 1988, CASA can impose administrative penalties, such as fines up to $22,200 for individuals and $111,000 for corporations, for each occurrence of a breach of regulations, including non-compliance with ADs. In more serious cases, CASA may refer matters to the Australian Federal Police for criminal prosecution, which could result in more severe penalties.