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-260/3 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/3. 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, was introduced to establish a legislative framework for the regulation of civil aviation within Australia, with a strong emphasis on safety. Under this Act, the Civil Aviation Safety Regulations 1998 were also enacted, providing a detailed set of rules and standards that govern the operation of civil aviation in Australia. One significant aspect of these regulations is the authority they grant to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that mandate safety measures for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs align with international standards under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations as a Contracting State. In line with these obligations, CASA issued and subsequently cancelled AD/SM-260/3 for SIAI Marchetti 260 series aeroplanes, reflecting the resolution of an unsafe condition and adherence to international safety protocols.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue airworthiness directives for specific types of aircraft or aeronautical products. Notably, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, an airworthiness directive is classified as a disallowable instrument, subject to the scrutiny and requirements set forth in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives, which are integral to the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation, are typically issued by the State of Design and adopted by the State of Registry. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess and, if necessary, issue Australian airworthiness directives to enforce the requirements set by the State of Design. The application of these directives is comprehensive, extending to all aircraft registered in Australia and their respective aeronautical products, thereby ensuring compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for the issuance and regulation of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as per section 6 of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act on the State of Design and the State of Registry are central to ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to maintain airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation. This includes issuing ADs that address any unsafe conditions. The State of Registry, which oversees the individual aircraft, must adopt or develop requirements to ensure the aircraft's ongoing airworthiness. When an AD is issued by the State of Design for a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD that mandates the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 outline the process CASA must follow in assessing and issuing ADs. For example, CASA issued AD/SM-260/3 concerning SIAI Marchetti 260 series aeroplanes but subsequently cancelled it due to the unsafe condition no longer existing. This cancellation was in line with Australia's obligations under the Convention on International Civil Aviation and took effect on 30 July 2009. No replacement AD was required, as the unsafe condition had been resolved.
In terms of regulatory consequences, breaching the requirements set out in an AD could result in serious safety implications for the aircraft and its passengers. While the specific penalties for non-compliance with ADs are not detailed in the explanatory statement, it is clear that failure to adhere to these directives can lead to severe consequences. This includes potential civil or criminal liability for the operator of the aircraft, as well as actions taken by CASA to enforce compliance. The explanatory statement does not specify maximum penalties, but such breaches could result in significant fines, suspension of airworthiness certificates, or other regulatory actions deemed necessary by CASA.