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 EASA issued AD 2008-0149 affecting AIRBUS A320 series aircraft. France is the State of Design for this series of aircraft. A review has determined that an error exists in AD/A320/225. As a result the AD has been amended to correctly reflect the requirements of the EASA AD to AD/A320/225 Amendment 1. The amended AD will become effective on 18 December 2008. The existence of the error in the AD has had no effect on Australian registered aircraft because the AD has yet to become effective. This AD cancels and replaces the previous issue.
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 Regulatory Review 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft. These ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The policy objective behind the ADs is to mandate necessary requirements for the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988, through its enabling provisions, ensures that Australia meets its international obligations under the Convention on International Civil Aviation, thereby safeguarding the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the continuing airworthiness of aircraft. These regulations apply to all aircraft registered in Australia and the personnel and entities involved in their maintenance and operation. The ADs, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act, and they mandate specific actions or modifications to be implemented by the aircraft operators or maintenance providers. The ADs are designed to meet international standards set out in the Convention on International Civil Aviation, particularly those concerning the responsibilities of the State of Design and the State of Registry. The ADs are issued in response to identified safety issues, and in the case of Airbus A320 series aircraft, the State of Design, France, issues an AD that CASA must assess and potentially mandate for Australian-registered aircraft. Given that the ADs are made to comply with international obligations and do not require public consultation or a Regulatory Impact Statement, they extend to the entire national jurisdiction without geographic limitations within Australia. The ADs reflect Australia's commitment to international civil aviation safety standards and the efficient operation of the national aviation system.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure the ongoing safety and airworthiness of aircraft operating in Australia, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to enact these regulations, underpinning the safety of air navigation. Importantly, ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA and other entities involved in ensuring the airworthiness of aircraft. For instance, CASA must assess any ADs issued by the State of Design, which in this case is France for the AIRBUS A320 series aircraft. If deemed necessary, CASA is required to issue an Australian AD that mandates the requirements of the original directive. This ensures that Australian registered aircraft comply with the international standards set forth by the State of Design, thereby maintaining the safety of air navigation in Australia.
Failure to comply with the requirements set out in an AD can lead to various legal and regulatory consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance with ADs, general provisions within the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 can apply. Non-compliance may result in enforcement actions by CASA, which can include fines, suspension of airworthiness certificates, and other regulatory measures. For more severe breaches, there could be criminal charges under the Act, with penalties including substantial fines and imprisonment. These provisions are intended to enforce the safety standards required to protect the public and maintain the integrity of the aviation system.