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/SWSA226/33 affecting Fairchild (Swearingen) SA226 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/33. 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 legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation was introduced to address the need for stringent regulatory standards governing the aviation industry, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 were subsequently developed under section 98 of the Act to further detail the safety requirements and enforcement mechanisms, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Authority (CASA), acting on behalf of the Governor-General, issues these ADs to mandate compliance with airworthiness standards, thereby fulfilling Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation. This process ensures that aircraft registered in Australia maintain their airworthiness, reflecting the policy objective of safeguarding public safety and maintaining high standards of aviation safety in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are intended to ensure the safety of air navigation and are enforceable under the Acts Interpretation Act 1901 as disallowable instruments. The ADs serve as a means of continuing airworthiness information, in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type's continuing airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing and issuing Australian ADs when necessary to comply with international obligations. In this instance, CASA issued and subsequently cancelled Australian AD/SWSA226/33 for Fairchild (Swearingen) SA226 series aeroplanes, effective from 4 June 2009, due to the resolution of the unsafe condition. No public consultation or Regulatory Impact Statement was required for this AD cancellation, as stipulated by the Office of Best Practice Regulation. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory power is further defined in subregulation 39.001(5), which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the obligations of this legislation, CASA is tasked with assessing airworthiness directives issued by the State of Design, particularly those that affect aircraft registered in Australia. This involves ensuring that the ADs comply with international standards set by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to mandate the required safety measures. This process was followed in the case of AD/SWSA226/33, which was subsequently cancelled due to the resolution of the unsafe condition identified in the original directive.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches related to ADs. However, non-compliance with ADs can lead to serious safety risks and may result in enforcement actions by CASA, which could include fines, suspension, or revocation of airworthiness certificates, and potentially, prosecution under other related aviation legislation. The severity of penalties would depend on the nature and extent of the non-compliance and the associated risks to air safety.