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/SWSA226/45 affecting Fairchild (Swearingen) SA226-AT and SA226-TC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/45. The cancellation will become effective on 30 July 2009. No replacement AD is required as the unsafe condition is addressed by AD/SWSA226/96.
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 legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations to promote the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory mechanism addresses the need for ongoing airworthiness measures to ensure that aircraft remain safe and compliant with international standards, particularly those set by the International Civil Aviation Organization (ICAO). CASA's role is to assess and implement ADs issued by aircraft design states to ensure the continuing airworthiness of aircraft registered in Australia, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under this legislative regime, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are primarily designed to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures compliance with international standards and the specific safety requirements pertinent to Australian airspace. The regulatory process for ADs, including their issuance and cancellation, is conducted by CASA in accordance with the Act, without the necessity for public consultation or a Regulatory Impact Statement due to their technical nature and the obligations under international conventions.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 set out the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of safety, while 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. According to subregulation 39.001(5), an AD is a disallowable instrument under the Acts Interpretation Act 1901, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means ADs are subject to specific legislative scrutiny and must comply with applicable legal standards.
The obligations and requirements imposed by this Act and the accompanying regulations primarily rest with CASA as Australia's national airworthiness authority. CASA is tasked with assessing information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type according to Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also comply with the ADs issued by CASA. This ensures that all parties involved maintain the highest safety standards as per international conventions and domestic regulations.
There are specific offences and penalties outlined for breaches of airworthiness directives and related regulations. Although the text does not detail the specific penalties, the overarching legal framework implies severe consequences for non-compliance. Generally, failure to adhere to ADs can lead to serious safety hazards, and consequently, violations might attract both civil and criminal penalties. The exact penalties would depend on the severity of the breach, but they can include fines and potential imprisonment. It is essential for all parties to comply with ADs to avoid legal repercussions and ensure the safety of air navigation.
In the context of the given legislation, the Civil Aviation Safety Authority has issued AD/SWSA226/45, affecting Fairchild (Swearingen) SA226-AT and SA226-TC model aeroplanes. After assessment, CASA has decided to cancel this AD, effective from 30 July 2009. This cancellation was made due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is needed as the unsafe condition is addressed by AD/SWSA226/96. The cancellation process did not require public consultation, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not necessitate a Regulatory Impact Statement. This decision was 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.