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 2008-0228-E affecting Airbus A320 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/A320/230, which will become effective on
20 February 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 provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for stringent safety measures and operational standards within the aviation industry. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, which is crucial in maintaining the integrity and safety of the nation's airspace. One of the key mechanisms established by the Act is the ability to issue airworthiness directives (ADs) to mandate safety requirements for aircraft types and aeronautical products. This legislative framework aims to ensure that all aircraft operating within Australia meet the necessary safety standards, thereby protecting the public and contributing to the overall safety of air navigation.
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, further detail the process for issuing ADs and ensure they align with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain the highest possible level of safety in civil aviation, in line with Australia's international obligations under the Convention on International Civil Aviation. By issuing ADs in response to safety concerns identified by the State of Design or other contracting states, the Civil Aviation Safety Authority (CASA) ensures that Australian-registered aircraft comply with necessary safety measures, ultimately safeguarding air travel and aviation personnel.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and maintenance providers, as well as individuals involved in the operation and maintenance of aircraft within Australia. The ADs are issued to ensure the continuing airworthiness of aircraft, which is a critical aspect of aviation safety. These directives are mandated under international obligations, specifically the Convention on International Civil Aviation, and are issued in response to assessments of safety risks by the relevant State of Design. The geographic reach of this legislation is national, governing the safety and airworthiness of aircraft within Australian jurisdiction. While the Act generally applies to all civil aviation entities within Australia, certain exclusions or exemptions may be specified in subordinate instruments or under specific conditions. The issuance of ADs does not typically require public consultation or a Regulatory Impact Statement, as they are often responses to international safety mandates.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for this purpose, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the requirement for CASA to assess any ADs issued by the State of Design, which is the country where the aircraft type is designed, and to issue corresponding Australian ADs if deemed necessary. For instance, the European Aviation Safety Agency (EASA) issued AD 2008-0228-E affecting Airbus A320 series aeroplanes, which are designed in France. CASA has assessed this directive and issued Australian AD/A320/230, which will take effect on 20 February 2009. This process ensures that Australian-registered aircraft comply with international safety standards.
Breaching the requirements set out in an AD can lead to serious consequences. The Act and Regulations do not specify particular offences or penalties for non-compliance with ADs, but non-compliance can result in the aircraft being deemed unairworthy. This could lead to enforcement actions by CASA, including grounding the aircraft, which can have significant operational and financial implications for the operator. While specific penalties for AD non-compliance are not outlined in the text, general aviation regulations may impose fines or other penalties for violations of airworthiness standards.