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.
CASA issued AD/A320/6 affecting Airbus Industrie A320-111, -211 and -231 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, enacted by the Commonwealth Parliament, was established to regulate the aviation industry in Australia, with a primary focus on ensuring the safety of air navigation. To this end, the Civil Aviation Safety Regulations 1998 were introduced, with regulation 39.001 enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework aligns with the principles outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to the State of Design and the State of Registry. The issuance of ADs by CASA is a legislative instrument under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 also stipulate that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. In a specific instance, CASA issued and subsequently cancelled AD/A320/6 concerning Airbus Industrie A320-111, -211, and -231 series aeroplanes, effective from 19 November 2009, due to the resolution of the original safety concern without the need for a replacement AD.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve to ensure the continuing airworthiness of aircraft and are essential for compliance with the Convention on International Civil Aviation. In the case of the Airbus Industrie A320-111, -211 and -231 series aeroplanes, CASA issued an AD in 1990, identified as AD/A320/6. However, following a review, CASA has decided to cancel this directive, effective from 19 November 2009. The cancellation was deemed appropriate as the original safety concern no longer exists, thereby reducing regulatory burden. Importantly, no replacement AD is necessary as the unsafe condition addressed by the original directive no longer persists. The issuance of this AD cancellation did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager Initial Airworthiness in CASA’s Airworthiness and Engineering Branch issued this directive in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that serve the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore, as per section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
The obligations imposed by the Civil Aviation Act 1988 and its regulations revolve around ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the aircraft type, must provide necessary information to ensure its airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure that the aircraft remains airworthy. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The AD/A320/6 issued by CASA in 1990 for Airbus Industrie A320-111, -211 and -231 series aeroplanes is scheduled for cancellation, effective from 19 November 2009. This cancellation was decided upon after reviewing the AD, as the original unsafe condition it was meant to address no longer exists. Consequently, no replacement AD is required. There was no consultation with the Australian public regarding this cancellation, as it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Should any party or entity fail to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, they may be subject to penalties and other consequences. While specific offences and penalties are not detailed in the provided text, it is clear that CASA has the authority to enforce compliance through the issuance and enforcement of airworthiness directives. The failure to adhere to these regulations could potentially lead to safety risks, thus making compliance a critical aspect for all stakeholders involved in the aviation industry.