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 has issued AD 2008-0149 affecting AIRBUS A318, A319, A320 and A321 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/225, which will become effective on 23 October 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 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 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 framework for the regulation of civil aviation in Australia, focusing primarily on the safety of air navigation. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, and it is complemented by the Civil Aviation Safety Regulations 1998. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 and the associated regulations aim to harmonise Australia’s civil aviation safety standards with international conventions, particularly the Convention on International Civil Aviation, ensuring that Australia meets its obligations for the continuing airworthiness of aircraft registered in the country.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations apply to all aircraft and aeronautical products within Australia, mandating compliance with safety standards set forth by CASA. As a legislative instrument under the Legislative Instruments Act 2003, an AD is enforceable by law and must be adhered to by the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. This legislation extends its jurisdictional reach by aligning with international standards set by the International Civil Aviation Organization (ICAO) and the European Aviation Safety Agency (EASA), ensuring that Australian aviation safety measures are consistent with global practices. Exemptions or exclusions from these directives are not specified in the text, implying that the ADs apply universally to all relevant aircraft and aeronautical products within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to make regulations for air navigation safety, which in turn empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as defined in subregulation 39.001(5), is a legislative instrument subject to disallowance under section 46A of the Acts Interpretation Act 1901, and is thus regulated by the Legislative Instruments Act 2003. This legislative framework ensures that ADs, which are critical for maintaining the continuing airworthiness of aircraft, are issued and managed in accordance with stringent safety standards.
The obligations imposed by the Act and the Regulations on parties and entities governed by them include a duty for the State of Design to provide essential information to ensure the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue corresponding ADs. This ensures that the aircraft registered within Australia meet the required safety standards. The State of Registry must also develop or adopt measures to maintain the airworthiness of aircraft within its jurisdiction, thereby ensuring that all aircraft remain safe and compliant with international standards.
Failure to comply with the ADs can lead to severe consequences. The Act does not specify particular offences related to non-compliance with ADs, but general aviation safety laws can be invoked, leading to civil or criminal penalties. Civil penalties may include fines and other sanctions, while criminal penalties can include imprisonment, reflecting the seriousness with which non-compliance is treated. The specific penalties depend on the nature and severity of the breach, but the overarching goal is to ensure that all aircraft maintain their airworthiness, thereby protecting public safety.