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/SWSA226/39 affecting all Fairchild (Swearingen) SA227 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/39. 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 by the Parliament of Australia, addresses the regulation of civil aviation to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to maintain their continuing airworthiness. These ADs, considered legislative instruments, are essential for ensuring compliance with the Convention on International Civil Aviation's Annex 8, which outlines the responsibilities of States of Design and Registry in maintaining aircraft airworthiness. CASA issued and subsequently cancelled Australian AD/SWSA226/39 concerning Fairchild (Swearingen) SA227 model aeroplanes, reflecting the resolution of an unsafe condition and alignment with international obligations, without necessitating public consultation or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, the Act authorises the Governor-General to make regulations, including ADs, which pertain to kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. The ADs are legislative instruments, as stated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, which in Australia's case is CASA. The ADs must align with Annex 8 of the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type. CASA's assessment and issuance of these ADs, or their cancellation, reflect Australia's adherence to international obligations and the safety standards set forth by ICAO Contracting States. The cancellation of an AD, such as AD/SWSA226/39 for Fairchild (Swearingen) SA227 model aeroplanes, is made without public consultation due to Australia's commitments under the Convention on International Civil Aviation and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 39.001(5)). These directives are critical for maintaining the continuing airworthiness of aircraft and ensuring safety in air navigation. Section 98 of the Act supports this regulatory power by enabling the Governor-General to make regulations in the interest of air navigation safety. Moreover, under the Legislative Instruments Act 2003, an AD is considered a legislative instrument, which is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act on CASA and other entities include the responsibility to assess ADs issued by the State of Design, particularly when these ADs pertain to aircraft registered in Australia. CASA must ensure that these assessments lead to appropriate actions, including the issuance of Australian ADs if necessary, to mandate the requirements of the State of Design. This process is essential to uphold the continuing airworthiness of aircraft registered in Australia, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, including CASA, must develop or adopt necessary requirements to ensure that aircraft remain airworthy, reflecting their obligations under international conventions and Australian law.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to enforcement actions, which may include fines or other penalties. Although specific penalties are not detailed in the provided text, the overarching framework of the Act suggests that breaches of ADs could be prosecuted either criminally or civilly, depending on the nature and severity of the violation. The seriousness of these potential penalties underscores the importance of adhering to ADs in maintaining the safety of air navigation.