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 2008-0146R1 affecting SAAB AB SF340A and 340B aeroplanes. Sweden is the State of Design for these aeroplanes. As a result, CASA amended the equivalent Australian AD to AD/SF340/108 Amendment 1, which became effective on 2 July 2009. Since that issue an error in the AD was noted and the AD has been amended to correct the error. AD/SF340/108 Amendment 2 will become effective on 27 August 2009. This AD cancels and replaces the previous issue.
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, 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 civil aviation in Australia, ensuring safety and efficiency in air navigation. Under the authority of the Act, the Civil Aviation Safety Regulations 1998 were introduced to further delineate the requirements for maintaining the airworthiness of aircraft. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. These ADs are integral to fulfilling Australia’s commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The ADs are typically issued in response to directives from the State of Design, and CASA, as Australia’s national airworthiness authority, is mandated to assess and implement these directives to ensure compliance and safety. This process ensures that Australian-registered aircraft meet international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to any person, entity, or industry engaged in activities related to civil aviation in Australia, including the operation, maintenance, and certification of aircraft and aeronautical products. The scope of the Act extends to ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. The issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 is a key mechanism through which these objectives are achieved. ADs are legislative instruments that mandate specific actions or modifications to aircraft to address safety concerns. The ADs are issued in accordance with international standards and obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, assesses and issues ADs to ensure compliance with these international standards. The ADs are applicable to all relevant aircraft within Australia's jurisdiction, and they must be adhered to by all operators and owners of the affected aircraft.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001 (subregulation 39.001(5)). These ADs are formal legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and regulated under the Legislative Instruments Act 2003. Such directives are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of maintaining airworthiness on the State of Design and the State of Registry. CASA, acting as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to align with the requirements of the State of Design.
Compliance with these airworthiness directives is mandatory for entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, CASA must assess the ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs. The State of Registry is required to adopt or develop regulations that ensure the ongoing airworthiness of aircraft, which includes implementing the requirements specified in the relevant ADs. This regulatory framework ensures that all aircraft registered in Australia meet the necessary safety standards as dictated by international conventions and national regulations.
Failure to comply with the requirements of an airworthiness directive can result in civil or criminal penalties. While specific penalties are not detailed in the provided text, the general legal framework allows for enforcement actions against non-compliance. The severity of the consequences may vary depending on the nature and extent of the breach, but the overarching goal is to enforce adherence to safety standards to protect public safety in aviation.
CASA has already issued an AD in response to the EASA's AD 2008-0146R1 for SAAB AB SF340A and 340B aeroplanes. Sweden, as the State of Design, issued the initial AD, prompting CASA to amend the Australian equivalent, which was then corrected and reissued as AD/SF340/108 Amendment 2. Given that these ADs are issued under international obligations and in response to directives from the relevant State of Design, no public consultation was necessary, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required. The AD was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Act.