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/SWSA226/22 Amendment 1 affecting Fairchild (Swearingen) SA226T, SA226AT and SA226TC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/22 Amendment 1. 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 ensure the safety of air navigation in Australia, grants the Governor-General the authority to create regulations under section 98, thereby facilitating the implementation of safety measures for civil aviation. This legislation aims to align Australia's aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring that safety standards are met and maintained. This authority is exercised in the context of Australia's commitment to international cooperation and the continuous airworthiness of aircraft, as outlined in Annex 8 to the Convention. The process of issuing and cancelling ADs, such as the cancellation of AD/SWSA226/22 Amendment 1 affecting Fairchild (Swearingen) SA226T, SA226AT, and SA226TC model aeroplanes, is executed by CASA in accordance with the legislative framework, reflecting the agency’s responsibility to safeguard the public from aviation hazards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as they fall under the definition of disallowable instruments as per the Acts Interpretation Act 1901, and are treated as legislative instruments under the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for airworthiness on the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures. The scope of these regulations applies to all aircraft registered in Australia and those manufactured within the country, ensuring compliance with both national and international safety standards. While ADs are pivotal in maintaining airworthiness, their creation and implementation are governed by existing international agreements and domestic regulations, with no requirement for additional public consultation or regulatory impact statements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together form the regulatory framework governing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if appropriate, implemented by CASA, as per the obligations set out in Annex 8 of the Convention on International Civil Aviation. Specifically, CASA must evaluate ADs issued by the State of Design and issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, has the duty to assess information from the State of Design and issue Australian ADs accordingly. This regulatory framework is designed to maintain the highest standards of aviation safety by ensuring that all parties involved in the design, manufacture, and operation of aircraft adhere to stringent airworthiness requirements.
Failure to comply with ADs can result in significant legal consequences. Under section 356 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be subject to a penalty. The maximum penalties for such offences can be substantial, reflecting the critical nature of airworthiness regulations. The specific penalties can vary depending on the nature and severity of the breach, but they may include fines and, in more severe cases, imprisonment. Additionally, non-compliance with ADs can result in the grounding of aircraft, which can have serious operational and financial repercussions for aviation operators. Thus, adherence to these regulations is not only a legal requirement but also essential for the safety and integrity of the aviation industry.