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/SWSA226/15 affecting Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/15. 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 was enacted to regulate civil aviation in Australia with a focus on safety, and to align Australian aviation regulations with international standards. The Act empowers the Governor-General to create regulations for the purposes of the Act and in the interests of air navigation safety. Specifically, the Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as a means to ensure the safety of aircraft. This legislative framework is designed to meet Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft and the dissemination of necessary safety information. The ADs serve as a tool for both the State of Design and the State of Registry to mandate safety requirements and ensure that unsafe conditions are addressed promptly.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under these regulations, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards and the continuing airworthiness of aircraft registered in Australia. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of ADs aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types, and States of Registry must implement corresponding requirements for aircraft within their jurisdiction. The ADs serve as a common mechanism for communicating continuing airworthiness information among ICAO Contracting States. The application of these regulations extends to all aircraft registered in Australia, irrespective of their location or the nature of their operations, ensuring a uniform approach to air safety across the country. The process of issuing, modifying, or cancelling ADs is overseen by CASA, reflecting the dynamic and international nature of aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Section 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument under the Legislative Instruments Act 2003.
These ADs are integral to ensuring the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, holds the primary responsibility for providing necessary information to maintain airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft within its jurisdiction. In Australia, CASA is the national airworthiness authority and must evaluate and, if necessary, issue Australian ADs based on directives from the State of Design.
CASA’s obligations include assessing ADs issued by other countries and determining if they need to be adopted or adapted for Australian conditions. For example, AD/SWSA226/15, which affected Fairchild (Swearingen) SA226TC, SA226T, and SA226AT model aeroplanes, was assessed by CASA and subsequently cancelled on 4 June 2009 because the unsafe condition no longer existed. This cancellation aligns with Australia's obligations under international agreements and did not require public consultation or a Regulatory Impact Statement.
In terms of compliance and enforcement, any breach of ADs can lead to significant consequences. The Civil Aviation Act 1988 includes provisions for offences and penalties related to non-compliance with ADs. Violators may face criminal charges, with potential penalties including substantial fines and imprisonment. Civil penalties may also be imposed, and the continued airworthiness of the aircraft could be compromised, leading to operational restrictions or the grounding of the aircraft until compliance is achieved.