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.
CASA has raised AD/SF340/12 Amendment 1 to mandate by inclusion a SAAB Service Bulletin referenced in Swedish AD No. 1-029 and to remove a unique Australian requirement in respect of SAAB SF340 series aircraft. No action is necessary by operators in order to comply with the requirements of this amendment as compliance with the previous AD constitutes compliance with this amendment. As there are some examples of the SAAB SF340A on the Australian register CASA has developed an amendment to reflect the requirements of the State of design. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, 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 by the Commonwealth Parliament to provide a legal framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations that serve the interests of aviation safety, as outlined in section 98. Complementing the Act, the Civil Aviation Safety Regulations 1998 were established to further detail the regulatory requirements for airworthiness and safety. Under this framework, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to mandate safety measures for aircraft types registered in Australia, as per regulation 39.001. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind these regulations is to align Australian aviation safety practices with international standards and to ensure the continuing airworthiness of aircraft operating within the country.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These ADs apply to specific kinds of aircraft or aeronautical products, ensuring that they meet the necessary safety standards. Importantly, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The ADs are issued to maintain the continuing airworthiness of aircraft registered in Australia, in accordance with the principles laid down in Annex 8 to the Convention on International Civil Aviation, which allocates responsibility to the State of Design and the State of Registry for ensuring airworthiness. CASA's role is to assess and, if appropriate, mandate the requirements of State of Design ADs for aircraft on the Australian Register. In the specific case of AD/SF340/12 Amendment 1, CASA has amended the directive to incorporate a Swedish AD concerning SAAB SF340 series aircraft, ensuring alignment with international safety standards without introducing new compliance burdens for operators, as the previous AD already met the safety requirements. This amendment was made without the need for public consultation due to the absence of new safety concerns.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 revolve around the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, which include the issuance of ADs, to promote air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these ADs for specific types of aircraft or aeronautical products. An AD, as stated in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument according to the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties involved are significant. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the aircraft's continuing airworthiness and must provide necessary information to other States of Registry. The State of Registry, where an aircraft is registered, must adopt or develop requirements to ensure the aircraft’s continuing airworthiness. When the State of Design issues an AD, CASA, as the national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 outline that ADs are crucial for continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. CASA’s recent AD/SF340/12 Amendment 1 for SAAB SF340 series aircraft exemplifies the process of aligning Australian regulations with international standards. This amendment incorporates a SAAB Service Bulletin from Swedish AD No. 1-029 and removes a unique Australian requirement. Operators of SAAB SF340A aircraft on the Australian register need not take any specific action, as compliance with the previous AD is sufficient for this amendment. Given that no safety issues have arisen, CASA did not consult with the Australian industry and public.
Any breach of the ADs or failure to comply with the mandates set by CASA can lead to various consequences. Although the specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with airworthiness directives can result in civil or criminal penalties under the Civil Aviation Act 1988. Such penalties could include fines, imprisonment, or other sanctions, depending on the severity of the breach and its impact on aviation safety.