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/SWSA226/12 affecting Fairchild (Swearingen) SA226T model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/12. 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 to provide a comprehensive framework for the regulation of civil aviation in Australia, authorises the Governor-General to make regulations for the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The Act and its regulations are designed to ensure that the airworthiness of aircraft is maintained in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA as Australia's national airworthiness authority, must ensure that any ADs issued by the State of Design are appropriately assessed and, if necessary, translated into Australian regulations. This process ensures compliance with international obligations and maintains safety standards within Australia’s aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure their continuing airworthiness. This authority is exercised in line with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and State of Registry in maintaining airworthiness. The ADs serve as a critical mechanism for disseminating continuing airworthiness information and are issued by most ICAO Contracting States, including Australia. CASA, as the national airworthiness authority, evaluates ADs issued by the State of Design and, if necessary, issues Australian ADs to enforce these requirements on aircraft registered in Australia. The issuance and cancellation of these directives, such as the recent cancellation of Australian AD/SWSA226/12 affecting Fairchild (Swearingen) SA226T model aeroplanes, are conducted under the oversight of the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that promote air navigation safety, and regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations under the Act and Regulations require CASA, as Australia's national airworthiness authority, to assess any ADs issued by the State of Design and determine if an Australian AD is necessary to maintain the continuing airworthiness of aircraft registered in Australia. This process ensures that any safety concerns identified by the State of Design are addressed in accordance with Australian regulations. CASA must also comply with the international obligations set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for providing necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must implement requirements to maintain the airworthiness of individual aircraft.
Failure to comply with the requirements of an AD could lead to serious safety issues, although the specific offences, penalties, or consequences for non-compliance are not detailed within the text provided. However, it is clear that CASA has the authority to cancel an AD if the unsafe condition it was intended to address no longer exists. For example, CASA cancelled Australian AD/SWSA226/12 for Fairchild (Swearingen) SA226T model aeroplanes, as the unsafe condition no longer existed. This action was taken without consultation with the Australian public or the requirement of 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, in accordance with subsection 84A(2) of the Act.