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 French DGAC issued AD 97-269-103(B), affecting A319, A320 and A321 type aircraft, in year 1997. EASA/France is the State of Design for Airbus aircraft types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/A320/86 Amendment 1, will become effective on 15 February 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the foundational piece of legislation governing civil aviation safety in Australia. It provides the authority for the creation of regulations and directives aimed at ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to further refine and implement safety standards. The issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) is a critical regulatory function under these laws, aimed at maintaining the continuing airworthiness of aircraft. The ADs are legislative instruments that must align with international standards as set out in the Convention on International Civil Aviation. The purpose of these regulations and directives is to ensure that all aircraft operating within Australia meet the required safety standards, thereby protecting public safety and fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 operate, particularly with regard to the safety of air navigation and airworthiness of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). This application is particularly pertinent to the State of Design and the State of Registry of the aircraft, which must collaborate to maintain airworthiness standards. The ADs are legislative instruments, and their issuance does not require consultation with the Australian public nor a Regulatory Impact Statement as determined by the Office of Regulatory Review. This legislative and regulatory framework applies nationally across Australia and extends to all aircraft registered within the country, ensuring compliance with international conventions and obligations under the ICAO. The issuance of ADs is thus critical in maintaining the safety and airworthiness of aircraft, with CASA's role being pivotal in implementing and enforcing these directives.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, sets out the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations necessary for air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, aim to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO).
The obligations under these provisions require CASA, as Australia’s national airworthiness authority, to respond to ADs issued by the State of Design. When an AD is issued by a State of Design, such as the French DGAC issuing AD 97-269-103(B) for A319, A320, and A321 type aircraft, CASA must assess the information and, if necessary, issue an Australian AD to ensure compliance. This process underscores the State of Registry’s responsibility for the continuing airworthiness of individual aircraft, necessitating the development or adoption of specific requirements as stipulated by Annex 8 of the Convention on International Civil Aviation.
Failure to comply with an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance, which can include fines and imprisonment. The exact penalties are determined by the severity of the breach and are outlined in the Civil Aviation Act 1988. Additionally, any aircraft found to be non-compliant with the requirements of an AD may be grounded, preventing it from operating until the necessary measures are taken to meet the safety standards prescribed by CASA. This stringent enforcement ensures that all aircraft within Australian jurisdiction maintain the highest standards of airworthiness and safety.