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-260/6 affecting SIAI Marchetti 260 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-260/6. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition is addressed by AD/GENERAL/74 Amendment 1.
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, serves as the foundational legislation for the regulation of civil aviation within Australia, aiming to ensure the safety of air navigation. In pursuit of this goal, the Act empowers the Governor-General to create regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives are integral in maintaining the continuing airworthiness of aircraft types and aeronautical products, and are recognised under international aviation standards as essential tools for safety. The Civil Aviation Safety Authority (CASA) is tasked with issuing these directives to mandate necessary safety requirements, thereby fulfilling Australia's commitment to international civil aviation conventions. The recent cancellation of AD/SM-260/6, pertaining to SIAI Marchetti 260 series aeroplanes, exemplifies the authority's role in ensuring compliance with international safety standards without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for the purpose of ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products. The ADs are legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, and are issued by most ICAO Contracting States. The State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures compliance with Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument and thus a legislative instrument. This means that ADs are formal regulatory instruments created under the authority of the Civil Aviation Act 1988 and must comply with legislative requirements.
The obligations imposed by the Act and Regulations on the parties involved are primarily focused on maintaining the continuing airworthiness of aircraft. The State of Design has the responsibility to provide necessary information to ensure the airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess this information and issue appropriate ADs as necessary to ensure compliance with airworthiness standards. CASA's role includes evaluating foreign ADs, such as the one issued by Italy for the SIAI Marchetti 260 series aeroplanes, and determining whether an Australian AD is required to address any unsafe conditions identified.
There are no specific offences, penalties, or civil/criminal consequences detailed in the provided text for breach of the AD requirements. However, failure to comply with ADs can lead to severe consequences, including the grounding of affected aircraft, which may result in significant operational disruptions and financial losses for operators. Furthermore, non-compliance can potentially lead to safety incidents or accidents, which could result in investigations, legal actions, or other regulatory consequences under the Civil Aviation Act 1988 and other related legislation. The seriousness of airworthiness issues means that regulatory authorities take a stringent approach to ensuring compliance with ADs to maintain the highest safety standards in civil aviation.