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 Civil Aviation Safety Authority or its predecessors issued AD/AC-SNOW/3 affecting S-2C and S-2D models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-SNOW/3. The cancellation will become effective on 28 August 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and Structures, in the Airworthiness Engineering Branch, 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 and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Act empowers the Governor-General to 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 types of aircraft or aeronautical products. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. As Australia's national airworthiness authority, CASA must assess information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements. In this instance, CASA has cancelled Australian AD/AC-SNOW/3 affecting S-2C and S-2D models of Ayres Thrush aeroplanes due to the unsafe condition no longer existing, in accordance with Australia's international obligations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, allow the Governor-General to make regulations concerning the safety of air navigation, with the Civil Aviation Safety Authority (CASA) empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as outlined in regulation 39.001, are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft types, aligning with obligations under Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures. For instance, CASA issued and subsequently cancelled AD/AC-SNOW/3 for S-2C and S-2D models of Ayres Thrush aeroplanes due to the resolution of the unsafe condition, reflecting the dynamic nature of airworthiness directives in maintaining aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations for the safety of air navigation (section 98). According to regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001(5)). These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are disallowable instruments as per the Acts Interpretation Act 1901 (section 46A). The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue Australian ADs when necessary.
Under these regulations, CASA has issued and subsequently cancelled Australian AD/AC-SNOW/3 for the S-2C and S-2D models of Ayres Thrush (SNOW) commander series aeroplanes. This cancellation, effective 28 August 2008, was made because the unsafe condition that prompted the AD no longer exists. The cancellation was executed without public consultation, as it adheres to Australia’s obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The Manager, Airframe and Structures, in the Airworthiness Engineering Branch, issued this cancellation on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with airworthiness directives and other regulatory requirements under the Civil Aviation Act 1988 can result in significant consequences. Offences under the Act may lead to substantial fines, imprisonment, or both, depending on the severity of the breach. For instance, section 98(1) outlines that contravening the Act or regulations can result in penalties of up to $1,260,000 for corporations and $252,000 for individuals, alongside potential imprisonment terms. Additionally, CASA may suspend or revoke a pilot's licence or an aircraft’s certificate of airworthiness if there is non-compliance, which can have severe repercussions for both operators and individuals involved in aviation activities. The Act and its regulations impose strict obligations to ensure that all parties maintain the highest safety standards in aviation.