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 2009-0025 (Corrected) affecting Airbus A318, A319, A320 and A321 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/231, which will become effective on 9 April 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures 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 Commonwealth Parliament, addresses the regulation of civil aviation in Australia, with a strong focus on safety. This legislation provides the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. It empowers the Governor-General to make regulations for these purposes, as exemplified in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments. The objective of these regulations is to align with international standards and ensure the safety of civil aviation in Australia, in accordance with the Convention on International Civil Aviation and the responsibilities of the State of Design and State of Registry for aircraft. This AD is a specific example of CASA fulfilling its obligations by issuing an Australian AD in response to an AD issued by the European Aviation Safety Authority for Airbus A318, A319, A320, and A321 models.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued and enforced in Australia. The Act applies to the Governor-General, who has the authority to make regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority responsible for issuing ADs. These regulations pertain to all aircraft and aeronautical products registered in Australia, thereby impacting both entities and individuals involved in the operation of these aircraft, as well as the broader aviation industry. The geographic scope of the Act is national, as Australia adheres to its obligations under the Convention on International Civil Aviation. Any ADs issued by CASA are legislative instruments and are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This framework ensures the continuing airworthiness of aircraft and compliance with international standards, as exemplified by the issuance of Australian AD/A320/231 in response to EASA's AD 2009-0025. While ADs are integral to maintaining safety standards, they do not require public consultation or a Regulatory Impact Statement, given their nature and the international obligations they fulfil.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to that effect.
The obligations imposed by the Civil Aviation Act 1988 and the associated regulations are significant for both CASA and the States of Registry. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to mandate the requirements. This ensures that Australian aircraft meet international safety standards and comply with relevant regulations. States of Registry are required to implement and enforce these ADs to maintain the airworthiness of aircraft registered within their jurisdictions. Additionally, they must establish or adopt the necessary regulatory frameworks to oversee the compliance of aircraft with airworthiness directives.
Failure to comply with airworthiness directives can result in various legal and financial consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and potential prosecution. The maximum penalties for breaches of airworthiness regulations can be substantial, reflecting the critical nature of aviation safety. For instance, individuals or corporations found guilty of non-compliance may face fines up to a specified amount, and in severe cases, imprisonment. These stringent measures underscore the importance of adhering to airworthiness directives to protect public safety and ensure the integrity of the aviation industry.