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 CASA issued AD/A320/96 Amdt 1, affecting Airbus A319, A320 and A321 aircraft, in response to French DGAC AD 1998-262-120(B)R4 which was later superseded by French DGAC AD 2000-258-146(B). France is the State of Design for these types. As a result of a request from industry, CASA has amended AD/A320/96 Amdt 1 to update the DGAC AD reference in a Note to reflect the later DGAC AD. The amended AD, AD/A320/96 Amendment 2, will become effective on
15 February 2013. 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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to establish a comprehensive framework governing civil aviation safety in the country. It empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which delegate the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These ADs are instrumental in maintaining the continuing airworthiness of aircraft types as required by Annex 8 to the Convention on International Civil Aviation, reflecting Australia's international obligations. CASA, acting as the national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design, in this case, France for Airbus A319, A320, and A321 aircraft. The policy objective behind these regulations is to ensure the highest standards of safety in civil aviation, harmonising national requirements with international obligations and industry requests.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations allows CASA to mandate ADs for specific types of aircraft or aeronautical products, which are subsequently classified as legislative instruments under the Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft and are mandated under Annex 8 of the Convention on International Civil Aviation, with the State of Design bearing primary responsibility for ensuring the safety of aircraft types. Consequently, when an AD is issued by the State of Design, such as France in the case of Airbus A319, A320, and A321 aircraft, CASA must evaluate and, if necessary, issue corresponding ADs for aircraft registered in Australia. The AD/A320/96 Amendment 2, issued by CASA in response to a French AD, exemplifies this process and will become effective on 15 February 2013. Given that this AD arises from international obligations and follows a directive from the State of Design, there has been no public consultation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The instrument aligns with human rights and freedoms as recognised in international instruments, without impinging on any applicable rights or freedoms.
Key Provisions
The Civil Aviation Act 1988, as amended through the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a crucial means to maintain the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. This Annex designates the State of Design as the entity with overall responsibility for the continuing airworthiness of an aircraft type, and mandates the provision of necessary information to the States of Registry to ensure compliance.
Entities governed by the Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. These directives set forth technical requirements and procedures that must be followed to ensure the ongoing airworthiness of the aircraft. For instance, in the case of Airbus A319, A320, and A321 aircraft, CASA issued AD/A320/96 Amdt 1 in response to a French Directorate General for Civil Aviation (DGAC) AD. This reflects Australia's commitment to international standards and obligations under the Convention on International Civil Aviation. Additionally, the State of Registry for an individual aircraft bears the responsibility of ensuring that the aircraft meets these ongoing airworthiness requirements, as stipulated in Annex 8.
Failure to comply with the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is considered an offence. This can result in civil penalties, such as fines, and in more severe cases, criminal penalties may be imposed. The maximum penalties for these offences are outlined in the Act and can vary based on the severity of the breach and the impact on aviation safety. The legislative nature of ADs under the Legislative Instruments Act 2003 further underscores their importance and the necessity for compliance.
In summary, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 establish a robust framework for maintaining the safety of air navigation in Australia. ADs play a critical role in this framework, ensuring that aircraft types meet ongoing airworthiness requirements. Compliance with these directives is mandatory for all governed entities, and failure to comply can result in both civil and criminal penalties. The compatibility of these regulations with human rights and freedoms has been affirmed, highlighting the importance of adhering to these safety standards.