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/SWSA226/10 affecting Fairchild (Swearingen) SA226T model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/10. The cancellation will become effective on 4 June 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 Systems and New Technologies, 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. Under this Act, the Governor-General is empowered to make regulations, including issuing airworthiness directives, to enhance the safety of air navigation. Complementing the Act are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby addressing safety concerns and maintaining the continuing airworthiness of aircraft registered in Australia. This legislative framework aligns with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific actions or conditions for particular types of aircraft or aeronautical products. These ADs are issued to ensure the safety of air navigation and are applicable to aircraft registered within Australia. The scope of these regulations extends to mandating the continuing airworthiness of aircraft types designed by States of Design, with the State of Registry, such as CASA, responsible for enforcing these mandates. The ADs are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue these directives is exercised in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities for the continuing airworthiness of aircraft types. The application of these directives is governed by the specific mandates and conditions set forth by CASA, reflecting Australia’s commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These directives serve to address and rectify safety concerns or issues that may arise with specific aircraft types. Importantly, as stated in subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and are subject to parliamentary disallowance.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both the State of Design and the State of Registry of an aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to the State of Registry to maintain airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements.
The Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs. However, the regulatory framework under which ADs are issued implies that failure to comply with an AD could result in significant legal consequences. Non-compliance could potentially lead to the grounding of an aircraft, revocation of its airworthiness certificate, and civil or criminal penalties, including fines and imprisonment, depending on the severity of the non-compliance and its impact on safety.
The Civil Aviation Safety Authority (CASA) has issued an AD/SWSA226/10 affecting the Fairchild (Swearingen) SA226T model aeroplanes. Following an assessment, CASA has decided to cancel this AD as the unsafe condition it was intended to address no longer exists. The cancellation of this AD became effective on 4 June 2009, and no replacement AD is required. The decision to cancel the AD was in line with Australia's obligations under the Convention on International Civil Aviation, and therefore, no public consultation was conducted on this matter. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.