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 2008-0151 affecting Airbus A318, A319, A320 and A321 model 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/A320/227, 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 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation, amongst other things. This Act empowers the Governor-General to make regulations for ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA, such as Australian AD/A320/227 in response to EASA’s AD 2008-0151, ensure compliance with international standards and address specific safety concerns for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with the safety standards necessary for the continued airworthiness of aircraft. The Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and regulatory authorities such as the Civil Aviation Safety Authority (CASA). The geographic reach of this legislation is national, applying to all aircraft registered within Australia, regardless of their operation's location. Exemptions and thresholds are determined through the issuance of ADs, which can be mandated based on the findings and directives from the State of Design or other international civil aviation authorities. The ADs are legislative instruments that extend the application of the Act, allowing CASA to implement specific requirements for maintaining the airworthiness of aircraft in accordance with international standards set forth by the Convention on International Civil Aviation. This approach ensures that all applicable aircraft within Australia meet the necessary safety standards, reflecting Australia's commitment to international aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This is in line with section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. As detailed in subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the aircraft type, must provide necessary information to maintain airworthiness. The State of Registry, which is responsible for the individual aircraft, must implement requirements to ensure continuing airworthiness. For example, when the European Aviation Safety Authority (EASA), acting on behalf of France, issues an AD, CASA must assess and, if necessary, issue an Australian AD to enforce these requirements. This process is exemplified by AD 2008-0151 issued by EASA for Airbus A318, A319, A320, and A321 model aircraft, which CASA has subsequently issued as Australian AD/A320/227.
The obligations imposed by the ADs are significant for both CASA and aircraft operators. CASA must assess the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards. Aircraft operators, on the other hand, must adhere to the requirements outlined in these ADs to maintain the airworthiness of their aircraft. Failure to comply with the ADs can result in serious consequences, including potential grounding of the aircraft, which can have severe operational and financial implications.
Breaching the requirements set forth in an AD can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against non-compliance. For example, aircraft that do not meet the AD requirements can be grounded, and operators can face fines and other penalties. The severity of these penalties can vary, but they are designed to ensure strict adherence to air safety regulations. The specific penalties are determined by the nature and extent of the non-compliance, with potential maximum penalties outlined in relevant sections of the Act.