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/SWSA226/16 affecting Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/16. 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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations in the interests of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Such ADs are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework addresses the need for robust regulatory measures to manage the continuing airworthiness of aircraft, thereby enhancing the safety of air navigation. CASA, acting as Australia’s national airworthiness authority, evaluates and implements ADs issued by the State of Design, ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) which are pivotal in ensuring the safety of aircraft in Australian airspace. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to address safety concerns. An AD, as outlined in regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a legislative instrument subject to disallowance under section 46A of the Acts Interpretation Act 1901, and therefore must be assessed for its regulatory impact. The ADs are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. Consequently, CASA, as Australia's national airworthiness authority, is tasked with assessing this information and issuing Australian ADs when necessary. The application of this legislation extends to all aircraft types registered in Australia, ensuring that both domestic and international safety standards are met. Notably, ADs are issued without public consultation and do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue these directives is vested in CASA, with specific ADs like AD/SWSA226/16 for certain Fairchild (Swearingen) models being managed by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation (s 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are a common means of ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for this on the State of Design and the State of Registry. The State of Registry, in this case CASA, must adopt or develop requirements for the continuing airworthiness of aircraft and issue an Australian AD if necessary, to align with the State of Design’s directives.
The obligations under this Act primarily rest on CASA as Australia's national airworthiness authority. CASA must assess any airworthiness directives issued by the State of Design for types of aircraft registered in Australia and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. This process ensures that all aircraft operating in Australia meet the required safety standards. CASA's role includes assessing the necessity of issuing ADs, monitoring compliance, and cancelling ADs when the unsafe condition no longer exists. The cancellation of AD/SWSA226/16 for Fairchild (Swearingen) SA226TC, SA226T and SA226AT model aeroplanes, effective from 4 June 2009, exemplifies CASA's role in this regard.
In terms of consequences, breaches of the requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant penalties. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is known that failure to comply with airworthiness directives can lead to serious safety risks and legal repercussions. Such breaches can potentially result in civil or criminal penalties, depending on the severity of the violation and its impact on aviation safety. The text does not provide specifics on maximum penalties, but it is clear that non-compliance carries substantial consequences.