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 has issued AD F-2005-132 affecting Socata TBM 700 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TBM 700/42, which will become effective on 29 September 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 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 was enacted to ensure the safety of air navigation in Australia, providing a legislative framework for the regulation of civil aviation. This Act allows the Governor-General to make regulations to maintain safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue airworthiness directives for types of aircraft and aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. The Act responds to Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, which is overseen by the State of Design and enforced by the State of Registry. In this context, CASA issues Australian airworthiness directives in response to directives from the relevant State of Design, ensuring compliance with international standards. The process for issuing such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, and any ADs issued by this State must be assessed by CASA, Australia’s national airworthiness authority, which may then issue corresponding Australian ADs to enforce the requirements. For instance, following the issuance of French AD F-2005-132 for the Socata TBM 700 model aircraft by the French Directorate General for Civil Aviation (DGAC), CASA issued Australian AD/TBM 700/42, effective from 29 September 2005. Given that this AD was issued in response to an international obligation and not as a result of domestic consultation, it did not require a Regulatory Impact Statement. Instead, the AD was prepared by the Manager, Airframes within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key provisions of this legislation primarily revolve around the issuance and implementation of airworthiness directives (ADs) as outlined in section 98 of the Civil Aviation Act 1988 (section 98) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001). The Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Notably, these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 (section 46A) and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by this Act primarily involve the maintenance of airworthiness. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to ensure the safety of aircraft to the relevant States of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. For example, when a State of Design, such as France, issues an AD for a specific aircraft type, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD. This was exemplified in the case of the French DGAC's AD F-2005-132 affecting Socata TBM 700 model aircraft, which CASA responded to by issuing Australian AD/TBM 700/42.
In terms of penalties and consequences, the legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of ADs. However, given that ADs are issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with these directives could potentially lead to enforcement actions by CASA. These actions might include administrative penalties, fines, or other regulatory measures aimed at ensuring compliance with airworthiness requirements. The severity of such penalties would depend on the nature and extent of the non-compliance, as well as any resulting safety implications.