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 EASA has issued AD 2006-0226-E affecting EADS SOCATA TBM 700 aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TBM 700/45 which will become effective on 26 July 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, enacted by the Australian Parliament, established the framework for ensuring the safety of air navigation within Australia. This Act allows the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety issues for specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further detail these processes, clarifying CASA's role in issuing ADs, which are considered legislative instruments. The purpose of these regulations is to mandate safety measures that align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby ensuring the continuing airworthiness of aircraft registered in Australia.
In accordance with the Convention on International Civil Aviation, the State of Design of an aircraft type is responsible for its continuing airworthiness, and must share necessary information with States of Registry. CASA, as Australia's national airworthiness authority, evaluates such information and issues corresponding ADs to enforce the required safety standards domestically. This particular AD, issued by CASA in response to an AD from the European Aviation Safety Agency (EASA) concerning EADS SOCATA TBM 700 aircraft, reflects Australia's commitment to international aviation safety standards and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to all aircraft and aeronautical products within Australia and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, making them legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, with the State of Registry bearing responsibility for this aspect. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, is required to assess ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs. This ensures compliance with international obligations under the Convention on International Civil Aviation. The process of issuing these directives does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a means to ensure the continuing airworthiness of aircraft, a requirement under Annex 8 of the Convention on International Civil Aviation. The State of Design, which in this context refers to the European Aviation Safety Agency (EASA) for the EADS SOCATA TBM 700 aircraft, holds the responsibility for providing necessary information to maintain airworthiness. CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
The obligations imposed by the ADs require CASA to evaluate the information provided by the State of Design and, if necessary, issue Australian ADs to ensure compliance with international safety standards. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia, including implementing any ADs issued by the State of Design. This process ensures that all aircraft operating in Australia meet the necessary safety standards and regulatory requirements.
The ADs, being legislative instruments, carry significant implications if not adhered to. Under section 46A of the Acts Interpretation Act 1901, ADs are considered disallowable instruments, meaning they can be annulled if found to be contrary to law. Furthermore, any breach of the ADs can lead to enforcement actions by CASA. While specific penalties are not outlined in the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in severe consequences, including grounding of the aircraft, fines, or even criminal charges. The maximum penalties for such violations can vary, but they are designed to ensure strict adherence to air safety regulations.