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-2005-050 affecting Socata Model TBM700 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/40, which will become effective on 9 June 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 - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. This legislation empowers the Governor-General to create regulations that safeguard air navigation, such as those related to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail these regulatory processes, allowing CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework is essential for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation, ensuring that Australia meets its international obligations and maintains high safety standards in the aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework under which airworthiness directives (ADs) are issued, managed, and enforced in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products to ensure the safety of air navigation. This authority is exercised in compliance with the broader obligations Australia has under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as the entity responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the same safety requirements. These ADs are legislative instruments subject to disallowance and must be registered under the Legislative Instruments Act 2003. The ADs apply to the specific aircraft or aeronautical products identified in the directive and are issued to ensure compliance with international standards, thereby extending the jurisdictional reach of Australian aviation safety regulations to align with global aviation safety practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act on ADs issued by the State of Design to ensure the continuing airworthiness of aircraft types registered in Australia. This includes assessing the foreign AD and, if necessary, issuing a corresponding Australian AD. This ensures that the safety standards are consistent with international conventions and agreements, such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. The State of Registry, in this case, CASA, must implement these standards domestically.
Failure to comply with ADs can result in serious consequences. Section 98A of the Civil Aviation Act 1988 provides that failure to comply with an AD is an offence. The maximum penalty for an individual is a fine of 300 penalty units (as per section 12.1 of the Criminal Code Act 1995), and for a body corporate, the maximum penalty is 1,500 penalty units. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating within Australia. Any breaches of these regulations could potentially lead to enforcement actions, including legal proceedings against the non-compliant party.