CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2004-190 affecting EADS SOCATA TBM 700 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/39, which will become effective on 14 April 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia. The Act aims to ensure the safety and efficiency of civil aviation, including the maintenance of airworthiness of aircraft. One of the ways the Act achieves this is through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft, in line with international standards set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs, which are necessary to maintain safety standards and comply with international obligations, particularly those under the Convention on International Civil Aviation. In this context, CASA issues Australian ADs in response to directives from the State of Design, ensuring alignment with global safety standards and Australia’s responsibilities as a State of Registry.
Scope and Application
The Civil Aviation Act 1988 applies to all matters concerning the safety and regulation of civil aviation in Australia, including the issuance of airworthiness directives to ensure the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and are intended to align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type has the responsibility to provide necessary information for continuing airworthiness, and CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue corresponding Australian airworthiness directives. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as they are in response to international obligations and the directives issued by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 (the Act) empowers the Governor-General to create regulations under section 98, which is aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (the Regulations) grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Subregulation 39.001(5) of the Regulations further clarifies that an AD is a disallowable instrument, meaning it can be annulled by a resolution of either House of the Parliament, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are centred around the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for ensuring the aircraft's ongoing airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to other States of Registry to maintain the airworthiness of the aircraft type. Conversely, the State of Registry, which is the country where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this obligation. CASA, as Australia's national airworthiness authority, is tasked with assessing any ADs issued by States of Design and, if appropriate, issuing corresponding Australian ADs to enforce the necessary requirements.
Failure to comply with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. The Act empowers CASA to enforce compliance through various measures, including fines and imprisonment. The exact penalties can vary based on the severity and circumstances of the breach, but the Act provides for substantial fines and potential imprisonment terms to ensure adherence to airworthiness standards. These measures underscore the critical importance of adhering to ADs to maintain the safety and integrity of air navigation.