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/SWSA226/18 affecting Fairchild (Swearingen) SA226 and SA227 model aeroplanes fitted with automatic pilots. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/18. 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 Commonwealth Parliament, establishes a legislative framework for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act facilitates the creation of such regulations, which are critical for ensuring that aircraft and aeronautical products meet safety standards. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs, which serve as a key mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. This legislative structure ensures that Australia’s national airworthiness authority, CASA, can respond appropriately to safety concerns and comply with international obligations, ultimately aiming to protect the public and maintain high safety standards in the aviation sector.
Scope and Application
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 or aeronautical products, thereby ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs, which are legislative instruments, are issued to mandate requirements for the continuing airworthiness of aircraft registered in Australia, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8. The ADs are designed to address unsafe conditions identified by the State of Design and require the State of Registry to enforce these directives. The issuance and cancellation of these directives are conducted by CASA, the national airworthiness authority, under the oversight of the Manager, Airframe and Structures, in the Airworthiness Engineering Group. Notably, ADs do not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The application of these regulations extends nationally, with specific ADs applicable to individual aircraft types and models as registered in Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of these regulations specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument in accordance with the Legislative Instruments Act 2003. ADs are critical for ensuring the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including Australia, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for an aircraft type's continuing airworthiness, while the State of Registry, which in Australia is CASA, must ensure the aircraft's ongoing airworthiness by implementing or adopting relevant requirements.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess any AD issued by the State of Design for aircraft registered in Australia and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian registered aircraft meet international safety standards. For example, CASA assessed and subsequently cancelled Australian AD/SWSA226/18, which affected Fairchild (Swearingen) SA226 and SA227 model aeroplanes fitted with automatic pilots. The cancellation was effective from 4 June 2009, and no replacement AD was required as the unsafe condition had been resolved. This action was taken in line with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was conducted on the AD cancellation. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
In terms of compliance and enforcement, any breach of the requirements set forth in the Civil Aviation Safety Regulations 1998 could result in significant legal consequences. While the specific offences, penalties, and civil or criminal consequences for non-compliance with ADs are not detailed in the provided text, it is generally understood that failure to adhere to ADs can lead to severe penalties under Australian aviation law. These penalties could include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exact penalties would be determined based on the nature and extent of the non-compliance, as well as the impact on aviation safety.