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-260/2 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/2. 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, enacted by the Australian Parliament, aims to regulate civil aviation in the interests of safety and efficiency. This Act provides the framework under which the Civil Aviation Safety Regulations 1998 were established, allowing for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. The problem the Act addresses is the need for a structured and authoritative means to ensure that aircraft remain in a safe and airworthy condition, both domestically and in compliance with international standards set by the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation through rigorous oversight and regulation of aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers 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 instrumental in ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the state where an aircraft type is designed, has the primary responsibility for providing necessary information to maintain airworthiness, while the State of Registry, in this case CASA acting on behalf of Australia, is responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction. In the context of AD/SM-260/2 affecting SIAI Marchetti 260 series aeroplanes, CASA has assessed the information provided by the State of Design and has subsequently cancelled the Australian AD/SM-260/2 as the unsafe condition no longer exists. This action aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are section 98 and regulation 39.001 respectively. These sections empower the Governor-General to create regulations in the interest of air navigation safety and allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) further stipulates that an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations primarily revolve around the maintenance of airworthiness for aircraft and aeronautical products. The State of Design, which is the country where the aircraft was designed, is responsible for ensuring the continuing airworthiness of the aircraft type, including providing necessary information to appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaches of the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. Failure to comply with ADs can result in significant penalties, including fines and imprisonment. The specific penalties can vary depending on the severity of the breach and are determined by the courts. The Act also allows for the issuance of infringement notices for less severe breaches, which can lead to monetary penalties. Furthermore, non-compliance can lead to the suspension or revocation of an aircraft’s airworthiness certificate, which effectively grounds the aircraft until the issues are rectified.
In the case of the AD/SM-260/2, which affected SIAI Marchetti 260 series aeroplanes, CASA assessed the AD issued by the State of Design and decided to cancel the Australian AD/SM-260/2 because the unsafe condition it was addressing no longer existed. The cancellation of this AD was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, under subsection 84A(2) of the Act.