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 European Aviation Safety Authority (EASA) has issued AD 2009-0174 affecting TBM700 N model aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/TBM 700/53, which will become effective on 24 September 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology 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 comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 detailing specific requirements, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate continuing airworthiness of aircraft types and aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, issues these directives to ensure compliance with safety standards set by the State of Design, such as France in the case of the TBM700 N model aircraft. The AD process reflects Australia's commitment to international cooperation in maintaining aviation safety standards without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (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 ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA issues Australian ADs in response to ADs from the relevant State of Design, such as the European Aviation Safety Authority (EASA) in the case of the TBM700 N model aircraft, to mandate the requirements for aircraft registered in Australia. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is made by the Manager, Future Technology and Regulatory Trends in CASA's Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 (paragraphs 1–3). Section 98 allows the Governor-General to make regulations for the Act, while section 39.001 permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are necessary to ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The obligations imposed by the Act and regulations include ensuring that the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type, provides necessary information to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
Entities governed by the Act, including aircraft manufacturers, operators, and maintenance providers, must comply with the ADs issued by CASA. This includes following any prescribed modifications, inspections, or operational limitations to ensure the safety and airworthiness of the aircraft. Failure to comply with an AD can lead to significant risks, including potential accidents or incidents that could result in loss of life or damage to property. The regulations require that the State of Registry, in this case CASA, ensure that all aircraft registered in Australia are maintained in a condition that meets the continuing airworthiness standards set forth in the ADs.
There are both civil and criminal consequences for breaching the ADs issued under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Civil penalties may include fines up to a significant amount, depending on the severity and frequency of the breach. For example, under the Civil Aviation Act 1988, individuals or corporations may be liable for penalties that can escalate based on the nature of the violation, including repeated non-compliance. Criminal penalties may also apply, where individuals can face imprisonment for breaches that result in serious harm or endangerment. The maximum penalties for such offences are set out in the Act and can include substantial fines and/or imprisonment terms that reflect the gravity of the non-compliance. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.