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-2006-028 affecting EADS SOCATA TBM 700 series aeroplanes. France is the State of Design for these aircraft models. CASA has assessed this AD and has issued Australian AD/TBM 700/44 which will become effective on 13 April 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, New Technologies and Systems, 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 provide for the regulation of civil aviation in Australia and to ensure the safety of air navigation, among other purposes. The Act empowers the Governor-General to make regulations necessary for these objectives. One such regulation is found in the Civil Aviation Safety Regulations 1998, where regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral in ensuring the continuing airworthiness of aircraft as mandated by international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing appropriate ADs to comply with international obligations and maintain the safety of air navigation within Australia. This legislative framework underscores the importance of harmonised international standards in ensuring the safety and reliability of aircraft operating in Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft registered in Australia and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as legislative instruments that mandate compliance with safety requirements and are subject to disallowance under the Acts Interpretation Act 1901. The application of these regulations extends to all aircraft registered within Australia, imposing responsibilities on both the State of Design and the State of Registry to ensure adherence to the continuing airworthiness standards. Exemptions and thresholds are generally determined through subordinate regulations, which may vary depending on the specific circumstances and the type of aircraft involved.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to make regulations that serve the Act’s purpose and safeguard air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation also includes provisions under subregulation 39.001(5) which classify ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve to maintain the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation. This annex mandates that the State of Design provide necessary information to ensure an aircraft type’s continuing airworthiness to the appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing such information and, if deemed necessary, issuing Australian ADs to enforce the requirements set by the State of Design. For instance, following the issuance of French AD F-2006-028 concerning EADS SOCATA TBM 700 series aeroplanes, CASA issued Australian AD/TBM 700/44, effective from 13 April 2006.
The obligations under this legislation place the responsibility for the continuing airworthiness of individual aircraft with the State of Registry. This responsibility requires the development or adoption of specific requirements to ensure that aircraft meet airworthiness standards. For Australian-registered aircraft, CASA must act on ADs issued by the relevant State of Design, ensuring that these directives are implemented within Australia’s regulatory framework. The legislative process for issuing such directives does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, because these ADs are a direct response to international obligations under the Convention on International Civil Aviation.
Under this Act, violations of the issued airworthiness directives can result in various consequences, both civil and criminal. CASA enforces compliance through various mechanisms, and non-compliance can lead to penalties as prescribed under the Civil Aviation Act 1988 and related regulations. The maximum penalties for non-compliance can include substantial fines and potential imprisonment, depending on the severity and nature of the breach. These consequences are intended to ensure that all parties adhere to the mandated airworthiness standards to maintain the highest level of aviation safety.