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/SM-205/13 affecting SIAI Marchetti S205 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-205/13. 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 address the need for comprehensive regulation of civil aviation activities in Australia, ensuring safety and efficiency within the sector. This Act empowers the Governor-General to make regulations for air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that align with international standards under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for continuing airworthiness. CASA, as the national airworthiness authority, assesses and issues Australian ADs to enforce these requirements. In a specific instance, CASA cancelled the AD/SM-205/13 for SIAI Marchetti S205 series aeroplanes due to the resolution of an unsafe condition, effective from 4 June 2009, without public consultation as per the Office of Best Practice Regulation's determination that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to enact regulations for air safety, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft and aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, serve as a means for continuing airworthiness, as stipulated by Annex 8 of the Convention on International Civil Aviation. The State of Design of an aircraft retains primary responsibility for its continuing airworthiness, while the State of Registry, represented by CASA in Australia, ensures compliance with the ADs issued by the State of Design. This regulatory framework ensures that Australia adheres to international civil aviation standards and maintains the safety of air navigation within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, particularly concerning the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for air safety, while regulation 39.001 of the Regulations allows CASA to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments under section 6 of the Legislative Instruments Act 2003. These provisions are integral for ensuring that the safety standards set forth in the Convention on International Civil Aviation, particularly Annex 8, are adhered to.
The obligations imposed by this legislation require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the continuing airworthiness standards stipulated by international conventions. The cancellation of AD/SM-205/13 affecting SIAI Marchetti S205 series aeroplanes exemplifies this process; CASA assessed the initial AD and, finding the unsafe condition no longer existed, cancelled the directive. The authority to issue such directives and the obligation to ensure compliance lies firmly within CASA's purview.
There are no consultations with the Australian public required for the issuance or cancellation of ADs, as determined by the Office of Best Practice Regulation, which also found that a Regulatory Impact Statement was unnecessary. The cancellation of AD/SM-205/13 was carried out in compliance with Australia’s obligations under the Convention on International Civil Aviation. The directive was cancelled 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. This process ensures that all actions taken are in line with both national and international safety standards. Failure to comply with these regulations can result in severe civil or criminal penalties, depending on the severity of the breach and its impact on aviation safety.