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/SWSA226/31 affecting Fairchild (Swearingen) SA226-T(B), -226AT and -226TC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/31. 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 framework for civil aviation in Australia, focusing on safety and the regulation of air navigation. It grants the Governor-General the authority to issue regulations that support the Act's objectives, as seen in the Civil Aviation Safety Regulations 1998. Specifically, these regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. The ADs serve as crucial instruments for ensuring the ongoing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 designate ADs as disallowable instruments, which are subject to scrutiny under the Acts Interpretation Act 1901, and are recognised as legislative instruments in accordance with the Legislative Instruments Act 2003. The policy objective is to align Australia's aviation safety standards with international obligations and to maintain the highest safety standards for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. The ADs are typically issued by the State of Design and must be assessed and potentially adopted by the State of Registry, with CASA acting as Australia's national airworthiness authority. This framework ensures that any unsafe conditions identified in aircraft types are addressed through appropriate regulatory measures, and in the case of the Fairchild (Swearingen) SA226 models, the cancellation of an AD reflects that the previously identified unsafe condition no longer exists, thereby no longer requiring regulatory action.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) (section 98 and regulation 39.001). Under these provisions, the Governor-General has the authority to create regulations that serve the interests of air navigation safety, and the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. The AD is a legislative instrument, as stated in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties and entities governed by them include the State of Design's responsibility for the continuing airworthiness of an aircraft type, which entails providing necessary information to ensure safety to the States of Registry (Annex 8). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by the State of Design against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The legislation also outlines the consequences for non-compliance. Although the text does not specify particular offences, penalties, or civil/criminal consequences for breach, it is implied that failure to comply with ADs could result in significant safety risks, potentially leading to enforcement actions by CASA, which could include fines or other regulatory sanctions. Given the serious implications of non-compliance with airworthiness directives, any breaches could attract substantial penalties under the broader provisions of the Civil Aviation Act 1988 and associated regulations.