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/SWSA226/27 affecting Fairchild (Swearingen) Merlin III SA226-T and Merlin IV SA226-AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/27. 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 comprehensive legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to mandate specific safety standards and practices, with regulation 39.001 allowing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to maintain and ensure the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs serve as a mechanism through which CASA can mandate safety requirements in response to identified unsafe conditions, thereby fulfilling its role as the national airworthiness authority. The Act empowers CASA to cancel such directives when the unsafe conditions they were addressing are no longer present, as evidenced by the cancellation of AD/SWSA226/27 for Fairchild (Swearingen) Merlin III SA226-T and Merlin IV SA226-AT model aeroplanes on 4 June 2009.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives in Australia, ensuring the safety of air navigation through regulation. Under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that adhere to the requirements of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations extends to any aircraft registered in Australia, imposing obligations on the State of Registry to ensure the continuing airworthiness of such aircraft. This includes implementing airworthiness directives issued by the State of Design, which has the overall responsibility for the airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation. The application of these directives is national, with CASA acting as Australia's central authority to enforce these safety measures. There are no stated exclusions or exemptions within the text provided, but the application of these regulations may be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. This legislative process ensures that ADs are carefully considered and implemented to maintain the highest safety standards in aviation.
The obligations imposed by the ADs require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must assess and, if appropriate, issue Australian ADs that mandate the requirements of the State of Design. This dual responsibility ensures that all aircraft operating within Australia meet stringent safety standards. For example, in the case of the Fairchild (Swearingen) Merlin III SA226-T and Merlin IV SA226-AT model aeroplanes, CASA issued and subsequently cancelled Australian AD/SWSA226/27 due to the resolution of the unsafe condition, demonstrating the authority's commitment to maintaining safety.
The Civil Aviation Safety Regulations 1998 also outline the consequences of non-compliance with ADs. While specific penalties are not detailed in the text, breaches of ADs can lead to severe consequences. Such non-compliance may result in the grounding of aircraft, fines, or other enforcement actions by CASA, all of which underscore the importance of adhering to these directives. The legal framework ensures that all parties involved in the aviation industry are held accountable for maintaining the highest safety standards.
Additionally, the text notes that the cancellation of AD/SWSA226/27 did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This decision reflects the streamlined process for addressing safety issues that no longer pose a risk, allowing CASA to efficiently manage and respond to safety concerns without unnecessary administrative burdens.