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 2006-0123 affecting Socata TB20 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/TB20/45, which will become effective on 28 September 2006.
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, Airframes 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, provides the legislative framework for ensuring the safety of air navigation in Australia. In conjunction with the Civil Aviation Safety Regulations 1998, it empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products registered in Australia. The ADs are a legislative instrument and are required under international agreements such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design to ensure compliance with international standards and the safety of air navigation. The issuing of such directives is a direct response to international obligations and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These ADs, which serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, are subject to the oversight of Australia's national airworthiness authority, CASA. The legislation mandates that when a State of Design issues an AD affecting a type of aircraft on the Australian Register, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This regulatory framework aligns with the obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. ADs are generally considered a legislative instrument under the Legislative Instruments Act 2003 and are a common form of continuing airworthiness information issued by ICAO Contracting States. Notably, ADs are issued without public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international obligations underpinning their issuance.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are issued under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. According to subregulation 39.001(5), an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and is therefore considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design, which in this case is France for the Socata TB20 model aircraft, holds primary responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to ensure airworthiness to appropriate States of Registry, such as Australia. As Australia’s national airworthiness authority, CASA is mandated to assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. In this instance, CASA issued Australian AD/TB20/45 in response to EASA's AD 2006-0123, which will take effect on 28 September 2006.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other parties include the assessment and potential issuance of Australian ADs to ensure compliance with international standards for aircraft airworthiness. CASA must act promptly in response to ADs from the State of Design, ensuring that any mandated requirements are implemented effectively within the Australian jurisdiction. The State of Registry, in this case, Australia, is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting necessary requirements in alignment with international directives.
Failure to comply with airworthiness directives can lead to serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil or criminal penalties. Specifically, operating an aircraft in contravention of an AD may lead to enforcement actions, fines, or even imprisonment, depending on the severity of the breach. The maximum penalties for such offences can vary, but they are designed to ensure strict adherence to safety regulations, thereby safeguarding the integrity of air navigation and public safety.