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 2009-0141 affecting Airbus A318, A319, A320 and A321 model aircraft. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/232, which will become effective on 27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for ensuring the safety and efficiency of civil aviation in Australia. This Act allows for the creation of regulations aimed at maintaining the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and serve as a critical mechanism for ensuring the continuing airworthiness of aircraft. In accordance with international standards, the State of Design has primary responsibility for the airworthiness of aircraft types, while the State of Registry ensures the ongoing compliance of individual aircraft with safety standards. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, in line with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The issuance of ADs is integral to meeting the international standards set by the Convention on International Civil Aviation, specifically under Annex 8, which mandates that the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In the Australian context, CASA, acting as the national airworthiness authority, must evaluate and, if necessary, issue ADs that align with those issued by the State of Design to ensure compliance and safety. For instance, following the European Aviation Safety Authority's (EASA) issuance of AD 2009-0141 for Airbus A318, A319, A320, and A321 model aircraft, CASA issued AD/A320/232 to mandate the same safety requirements within Australia. This AD was issued without public consultation due to its alignment with international obligations and is regulated without the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The primary operative sections in this context are sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations on the relevant parties primarily concern the maintenance of airworthiness. The State of Design, which is the country responsible for the design of the aircraft type, has the responsibility to provide information necessary to ensure the continuing airworthiness of that aircraft type. This information is typically communicated through ADs, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on its registry. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing Australian ADs if necessary to align with international safety standards.
Any breach of the requirements set out in the ADs can result in significant consequences. Failure to comply with an AD can lead to serious safety issues, potentially resulting in both civil and criminal penalties. Under section 414 of the Civil Aviation Act 1988, the maximum penalty for an offence under the Act can be substantial, reflecting the critical nature of air safety. The precise penalties for specific breaches can vary, but they are designed to ensure strict adherence to the mandated airworthiness standards to protect public safety. The regulatory framework is stringent to reflect the high-stakes environment of aviation safety.
The text also clarifies that no consultation of the Australian public has taken place regarding this specific AD, as it is issued in response to an international mandate and does not require a Regulatory Impact Statement. The AD has been issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is properly authorised and aligned with international aviation safety standards.