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-260/1 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/1. The cancellation will become effective on 30 July 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 regulate civil aviation in Australia and to ensure the safety of air navigation, among other objectives. The Act provides the legislative framework for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for kinds of aircraft or aeronautical products. The ADs are a form of legislative instrument, and they serve as a mechanism to communicate necessary safety measures to ensure that aircraft remain airworthy. This legislative process ensures that Australia adheres to its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, serving to ensure the safety of air navigation. The Act empowers the Governor-General to enact regulations that facilitate the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are instrumental in maintaining the continuing airworthiness of aircraft types, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry, which in Australia is CASA, must implement the requirements set forth by these ADs. The ADs are applicable to all entities and individuals involved in the registration and operation of affected aircraft within Australia, ensuring a uniform approach to airworthiness across the nation. There are no specific exclusions or thresholds mentioned in the text, and the application of ADs extends nationally, in accordance with international obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that align with the Act and prioritise the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that must be reviewed under section 46A of the Acts Interpretation Act 1901, and they fall under the scrutiny of the Legislative Instruments Act 2003.
Under these regulations, CASA is tasked with assessing airworthiness directives issued by the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type as outlined in Annex 8 to the Convention on International Civil Aviation. This involves ensuring that the information necessary for the continuing airworthiness of an aircraft type is provided to the State of Registry. The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all relevant stakeholders are aware of and comply with the necessary safety standards.
Non-compliance with the requirements of an AD can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline specific offences and penalties for breaches. These can include substantial fines and imprisonment for individuals, as well as fines for corporations. The precise penalties can vary depending on the nature and severity of the breach, but they are designed to ensure that all parties adhere to the mandated safety standards to maintain the highest level of air navigation safety.
In the specific case of AD/SM-260/1 affecting SIAI Marchetti 260 series aeroplanes, CASA has assessed the directive and determined that it should be cancelled. This decision was made because the unsafe condition it was addressing no longer exists. The cancellation of this AD will take effect on 30 July 2009, and no replacement AD is required. This action was taken in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary due to the nature of the directive.