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 2008-0198 affecting Airbus 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/A320/228, which will become effective on 18 December 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 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, enacted by the Australian Parliament, was introduced to establish a comprehensive legal framework for civil aviation safety and regulation, ensuring the safety of air navigation across the nation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to implement safety regulations, including issuing airworthiness directives (ADs) to maintain and ensure the safety standards of aircraft and aeronautical products. These ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which were created to meet Australia’s obligations under international aviation conventions, particularly Annex 8 to the Convention on International Civil Aviation. The policy objective of the ADs is to ensure that aircraft on the Australian Register meet continuing airworthiness requirements, thereby maintaining high safety standards in alignment with international practices.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. When a State of Design issues an AD, such as the European Aviation Safety Authority’s AD 2008-0198 affecting Airbus A319, A320, and A321 model aircraft, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements for aircraft on the Australian Register. These directives apply to the entities involved in the manufacture and operation of the specified aircraft types and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Obligations under the Act and the Regulations require the State of Design, which is responsible for the continuing airworthiness of an aircraft type, to provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft. For example, when the European Aviation Safety Authority (EASA) issues an AD, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD. This ensures that Australian aircraft meet the safety standards set by the State of Design.
There are specific consequences for non-compliance with ADs. Under the Civil Aviation Act 1988, failure to comply with an AD can result in various civil and criminal penalties. The exact penalties are determined by the nature of the offence and may include fines or imprisonment, as outlined in the relevant sections of the Act and associated regulations. For example, section 58 of the Act provides for penalties for breaches of safety regulations, which can include significant fines and, in some cases, imprisonment.
In summary, the issuance of ADs under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 is a critical mechanism for ensuring the continuing airworthiness of aircraft. CASA's role in assessing and issuing these directives is essential for maintaining safety standards, while the obligations on States of Design and Registry are fundamental to this process. Non-compliance with these directives can lead to serious civil and criminal penalties, reinforcing the importance of adherence to the regulations.