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 2008-0199 affecting Airbus A320 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/A320/229, which will become effective on 15 January 2009.
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 ensure the safety and efficiency of air navigation in Australia. This Act provides the legislative framework for the regulation of civil aviation activities and includes provisions for the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. The objective of these regulations, as well as the ADs, is to comply with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. The ADs serve as a critical mechanism for disseminating necessary information to ensure that aircraft maintain their airworthiness. The Australian AD/A320/229, issued by CASA in response to EASA's AD 2008-0199, exemplifies this collaborative international approach to aviation safety, becoming effective on 15 January 2009.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are designed to ensure the safety of air navigation. This legislation applies to aircraft registered in Australia, the State of Registry, and requires compliance with international standards as set out by the International Civil Aviation Organization (ICAO). The ADs mandate actions to be taken to maintain the airworthiness of aircraft and are based on assessments of directives issued by the State of Design, which, in the case of the Airbus A320 series aircraft, is France. The ADs are a direct response to international obligations and assessments, and as such, there is no requirement for public consultation or a Regulatory Impact Statement. CASA, acting as Australia’s national airworthiness authority, is responsible for issuing Australian ADs in alignment with international directives and ensuring compliance with Australian regulations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly section 98, empower the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are issued to mandate safety requirements and ensure the continuing airworthiness of aircraft. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA and the States of Design and Registry. CASA, as the national airworthiness authority, is responsible for assessing ADs issued by the State of Design and determining whether they should be adopted in Australia. This involves evaluating the ADs to ensure they meet the necessary safety standards and are applicable to aircraft registered in Australia. The State of Design, such as France for the Airbus A320 series, must provide information to ensure the continuing airworthiness of their aircraft types. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction.
There are no direct offences, penalties, or civil/criminal consequences specified for the breach of ADs within the text provided. However, the issuance and compliance with ADs are critical for maintaining the safety of air navigation. Failure to comply with an AD could potentially lead to safety issues and may result in enforcement actions by CASA, which could include grounding the aircraft, imposing fines, or taking other regulatory measures to ensure compliance. These consequences are not detailed in the provided text but are implied as part of the regulatory framework aimed at maintaining high safety standards in aviation.