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/SWSA226/37 affecting Fairchild (Swearingen) SA226-AT and SA226-TC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/37. The cancellation will become effective on 30 July 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 ensure the safety and efficiency of civil aviation in Australia. This legislation empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, allowing the Civil Aviation Safety Authority (CASA) to mandate specific requirements for maintaining the airworthiness of aircraft. The Act addresses the need for a comprehensive regulatory framework to oversee the safety standards of aircraft and aeronautical products within Australia, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that aircraft operating in Australia meet stringent safety standards, thereby protecting public safety and enhancing the overall efficiency of the civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 and its accompanying regulations, specifically the Civil Aviation Safety Regulations 1998, establish the framework for airworthiness directives in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products, in line with the overarching goal of ensuring the safety of air navigation. These airworthiness directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of these directives extends to entities such as aircraft manufacturers, operators, and maintenance providers, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the Convention on International Civil Aviation. The jurisdiction of these regulations applies nationally, with CASA acting as the central authority responsible for enforcing compliance with the airworthiness directives. There are no specified exclusions or thresholds in the legislation, but the regulations can be extended or restricted through subordinate instruments. Notably, the process of issuing or cancelling airworthiness directives is governed by the obligations of the State of Design and the State of Registry under the Convention on International Civil Aviation, and does not generally require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that mandates specific requirements for the continuing airworthiness of kinds of aircraft or aeronautical products. The ADs are essential under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry.
The obligations under these regulations are clear. The State of Design is responsible for issuing ADs that ensure the continuing airworthiness of aircraft types. Upon receiving an AD from the State of Design, the State of Registry, which in Australia is the Civil Aviation Safety Authority (CASA), must assess the AD and, if deemed necessary, issue an Australian AD to mandate the requirements. This process ensures that aircraft on the Australian Register meet international safety standards.
Failure to comply with an AD can result in serious consequences. Under section 90B of the Civil Aviation Act 1988, non-compliance with an airworthiness directive is an offence. The maximum penalty for an individual is a fine of up to 2,100 penalty units or imprisonment for up to five years, or both. For a body corporate, the maximum penalty is up to 105,000 penalty units. These stringent penalties underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation. Additionally, CASA can enforce compliance through various means, including inspections and audits, ensuring that all aircraft meet the required safety standards.