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/SWSA226/11 affecting Fairchild (Swearingen) SA226T model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/11. 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, 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 Parliament of Australia, was established to regulate civil aviation and ensure the safety of air navigation. This Act empowers the Governor-General to create regulations that protect the interests of safety in air navigation. One of these regulations is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Airworthiness directives are legislative instruments that mandate the continuing airworthiness of aircraft and are essential for maintaining safety standards in accordance with the Convention on International Civil Aviation. In the case of the Fairchild (Swearingen) SA226T model aeroplanes, CASA issued and subsequently cancelled Australian AD/SWSA226/11, reflecting Australia's commitment to international civil aviation standards and the resolution of any identified unsafe conditions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. This legislation applies to all aircraft registered in Australia and the aeronautical products used on those aircraft, as well as to the entities responsible for their maintenance and operation. The Civil Aviation Safety Authority (CASA) has the authority under regulation 39.001 to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs are intended to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role includes assessing ADs issued by other countries and, if necessary, issuing corresponding Australian ADs. The issuance and cancellation of ADs, such as AD/SWSA226/11 affecting Fairchild (Swearingen) SA226T model aeroplanes, are governed by these regulations, with no requirement for public consultation or a Regulatory Impact Statement due to the nature of ADs as legislative instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a regulatory framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 provides the Governor-General with the authority to create regulations that serve the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, are legislative instruments in accordance with the Legislative Instruments Act 2003.
These airworthiness directives serve to mandate safety requirements for aircraft and aeronautical products, ensuring their continuing airworthiness. The State of Design, which is the State where the aircraft type was originally designed, holds primary responsibility for the ongoing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, which is the State where the aircraft is registered, must establish requirements to maintain the airworthiness of the aircraft. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Authority, or its predecessors, had previously issued an AD for Fairchild (Swearingen) SA226T model aeroplanes. CASA has since assessed this AD and decided to cancel Australian AD/SWSA226/11, effective from 4 June 2009. This cancellation was due to the resolution of the unsafe condition previously identified. No replacement AD is required as the unsafe condition no longer exists. Due to Australia’s obligations under the Convention on International Civil Aviation, no public consultation was undertaken regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. CASA’s actions in issuing, assessing, and cancelling ADs are critical to maintaining safety standards in civil aviation. The regulations and obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensure that both the State of Design and the State of Registry adhere to international safety standards, ultimately safeguarding the public and ensuring the safety of air navigation.