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-260/15 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/15. 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, Airframe and Structures, 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 a legal framework for civil aviation in Australia, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 were introduced to complement the Act by setting out detailed safety standards and procedures. One key aspect of these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments made under the authority of the Act and the Regulations to ensure the continuing airworthiness of aircraft and aeronautical products. The ADs are essential in maintaining safety standards in accordance with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for assessing international ADs and issuing corresponding Australian ADs as necessary. The text indicates that CASA has cancelled an Australian AD for the SIAI Marchetti 260 series aeroplanes as the unsafe condition no longer exists, reflecting the commitment to safety and compliance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance, with the Legislative Instruments Act 2003 governing their creation. The Act and Regulations apply to all aircraft registered in Australia, ensuring that the State of Registry maintains the continuing airworthiness of individual aircraft, in accordance with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing Australian ADs when necessary, aligning with directives issued by the State of Design. The process ensures that any unsafe conditions identified by the State of Design are addressed appropriately within the Australian regulatory framework, without the need for public consultation or a Regulatory Impact Statement due to the technical and safety-critical nature of these directives.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to maintain the continuing airworthiness of aircraft, ensuring they meet safety standards. Under subregulation 39.001(5), ADs are classified as disallowable instruments, meaning they can be subject to disallowance by Parliament, as stipulated in section 46A of the Acts Interpretation Act 1901. Moreover, ADs are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant for the parties involved. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure its continuing airworthiness to the State of Registry. This includes issuing ADs as required. The State of Registry, which in the case of Australia is CASA, must then assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards. The specific obligations of CASA include assessing the information from the State of Design, deciding whether an Australian AD is necessary, and issuing or cancelling such directives as appropriate.
Failure to comply with ADs can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not specify particular offences related to ADs, non-compliance with airworthiness directives can lead to serious safety risks, potentially resulting in criminal charges under the Civil Aviation Act 1988 for endangering air navigation safety. The penalties for such offences can include substantial fines and imprisonment. For instance, under section 26 of the Act, an individual who endangers the safety of air navigation can be fined up to $300,000 and/or imprisoned for up to five years. Additionally, CASA can enforce administrative penalties for non-compliance, which can also include significant fines.