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 2008-0150 affecting AIRBUS A318, A319, A320 and A321 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/A320/226, 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 address issues related to the regulation and oversight of civil aviation in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft. The Act grants the Governor-General the authority to make regulations under section 98 for the purposes of the Act and in the interests of the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, as per regulation 39.001. This legislation thus addresses the need for consistent safety standards and the continuing airworthiness of aircraft, in accordance with international standards and obligations under the Convention on International Civil Aviation. The ADs are considered legislative instruments, as per subregulation 39.001(5) and the Legislative Instruments Act 2003. CASA issues these ADs to ensure compliance with the airworthiness requirements as mandated by the State of Design and State of Registry, thereby fulfilling Australia's obligations under the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure the ongoing airworthiness of aircraft registered in Australia, aligning with the obligations set forth in Annex 8 to the Convention on International Civil Aviation. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are crafted in response to ADs issued by the State of Design, in this case, France for Airbus A318, A319, A320, and A321 series aeroplanes. CASA’s role includes the assessment of these directives and, when necessary, the issuance of corresponding Australian ADs to enforce the safety requirements mandated by the State of Design. Given that these directives are issued in fulfilment of international obligations and are not subject to public consultation, they do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining stringent safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as referenced in regulation 39.001 of the Civil Aviation Safety Regulations 1998, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (39.001(1)). An AD, as specified in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are critical for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for providing necessary information to the States of Registry.
The obligations imposed by this legislation on CASA include the assessment and issuance of Australian ADs when necessary. When a State of Design, such as France for the AIRBUS A318, A319, A320, and A321 series aeroplanes, issues an AD, CASA must evaluate this information and, if appropriate, issue a corresponding Australian AD to mandate the requirements of the State of Design (Annex 8). This process ensures that the continuing airworthiness of aircraft on the Australian Register is maintained in line with international standards. The State of Registry, in this case, CASA, must also develop or adopt requirements to ensure the aircraft's ongoing airworthiness.
The Act and accompanying regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs within the text provided. However, non-compliance with ADs generally results in serious safety implications and potential regulatory action. The authority to issue ADs and enforce compliance is critical to maintaining the safety standards set forth by the Convention on International Civil Aviation. Failure to adhere to ADs could lead to enforcement actions by CASA, potentially including fines, suspension of airworthiness certificates, or other regulatory measures to ensure compliance and public safety.