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/FN-333/3 affecting SIAI Marchetti FN-333 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/FN-333/3. The cancellation will become effective on 4 June 2009. 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 Systems and New Technologies, in the Airworthiness Engineering Group, 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, ensuring the safety and efficiency of air navigation. 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. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. CASA has the responsibility to assess and, if necessary, issue Australian ADs to mandate the requirements of the State of Design when such ADs are issued for aircraft on the Australian Register. In the instance of SIAI Marchetti FN-333 model aeroplanes, CASA issued and subsequently cancelled AD/FN-333/3, reflecting the resolution of the unsafe condition that originally prompted its issuance. This legislative framework underscores the importance of international cooperation in ensuring the safety and airworthiness of aircraft.
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 2009, as referenced in the explanatory statement, pertain to the regulation of airworthiness directives (ADs) within Australia. These regulations apply to any person or entity involved in the operation, maintenance, or modification of aircraft registered in Australia, thereby extending to individuals, companies, and aviation industry stakeholders. Geographically, the regulations are enforced within the Australian jurisdiction, ensuring compliance with national safety standards and international obligations. ADs are critical instruments issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, aiming to maintain the safety and airworthiness of aircraft. While the regulations do not explicitly outline exclusions, their application is inherently tied to aircraft within Australia's jurisdiction, ensuring adherence to both national and international aviation safety standards. The issuance and enforcement of ADs are also guided by the Convention on International Civil Aviation, reflecting Australia's commitment to harmonised global aviation safety practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument that can be disallowed under the Acts Interpretation Act 1901, and it serves as a critical tool for maintaining the continuing airworthiness of aircraft.
Under the Act and the Regulations, CASA, as Australia's national airworthiness authority, has the responsibility to ensure that aircraft registered in Australia meet continuing airworthiness standards. This includes the duty to assess any ADs issued by the State of Design (the country where the aircraft type is designed) and, if necessary, issue an Australian AD to enforce those requirements. For example, when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must evaluate the information and, if appropriate, issue an Australian AD. The AD/FN-333/3, affecting SIAI Marchetti FN-333 model aeroplanes, was cancelled by CASA because the unsafe condition it was addressing no longer exists.
The obligations imposed on the parties governed by the Act and Regulations are primarily focused on ensuring the continuing airworthiness of aircraft. CASA, as the regulatory authority, must diligently assess and respond to ADs issued by the State of Design, ensuring that any safety issues identified are addressed through the issuance of appropriate Australian ADs. Aircraft operators and owners must comply with these ADs to maintain the airworthiness of their aircraft. Additionally, the State of Registry has the responsibility to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD can result in serious consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD can lead to criminal and civil penalties. The specific penalties can include fines and imprisonment, with the exact penalties varying based on the severity of the offence. Additionally, the failure to comply with an AD can result in the grounding of aircraft, which can have significant operational and financial implications for the operators and owners of the affected aircraft.