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-260/17 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/17. 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 is a foundational piece of Australian legislation governing the safety and regulation of civil aviation within the country. Enacted in 1988, it was introduced to address the need for comprehensive regulation to ensure the safety and efficiency of civil aviation, aligning with both domestic and international standards. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as well as establishing the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. This authority is tasked with ensuring compliance with both national and international aviation safety standards, including the implementation of airworthiness directives (ADs) as mandated by the Civil Aviation Safety Regulations 1998. These regulations, in turn, provide CASA with the authority to issue ADs for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework is critical in fulfilling Australia’s obligations under the Convention on International Civil Aviation, particularly in maintaining the safety standards required by Annex 8.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Design for the aircraft type and the State of Registry for individual aircraft. CASA, as Australia’s national airworthiness authority, is mandated to issue Australian ADs when necessary, based on information provided by the State of Design. The issuance and cancellation of ADs, such as the case with the SIAI Marchetti 260 series aeroplanes, reflect Australia's commitment to international civil aviation standards as outlined in the Convention on International Civil Aviation. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Specifically, section 98 of the Act allows the Governor-General to make regulations for air safety, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products (sections 98 and 39.001). An AD is a legislative instrument, meaning it has the force of law and is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (section 39.001(5)).
The obligations under these regulations are primarily centred around maintaining the airworthiness of aircraft. The State of Design, which is the country where an aircraft type is designed, has the overarching responsibility for ensuring the continuing airworthiness of that aircraft type (Annex 8 to the Convention on International Civil Aviation). This includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. CASA, as Australia’s national airworthiness authority, must then assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures (Annex 8). This ensures that Australian aircraft meet international safety standards and comply with local regulations.
Failure to comply with an airworthiness directive can lead to significant consequences. Under section 34 of the Civil Aviation Act 1988, operating an aircraft in contravention of an AD is an offence, and an individual can be fined up to $21,000 or, in the case of a corporation, up to $105,000. Moreover, CASA can take enforcement actions, including grounding non-compliant aircraft, which can result in substantial operational disruptions and financial penalties. These provisions underscore the importance of adhering to ADs to ensure the safety of air navigation and the well-being of passengers and crew.