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/SWSA226/48 affecting Fairchild (Swearingen) Merlin III SA226-T, Merlin IIIB SA226-T(B) and Merlin IV SA226-AT model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/48. 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 Systems and New Technologies, 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 for the regulation of aviation safety, amongst other things, by establishing the Civil Aviation Safety Authority (CASA) and granting it the power to issue regulations to ensure the safety of air navigation. The Act allows the Governor-General to make regulations under section 98, which are aimed at maintaining the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are a form of continuing airworthiness information, and are a common regulatory tool among ICAO Contracting States. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements. In this instance, CASA has cancelled Australian AD/SWSA226/48, which affected certain model aeroplanes, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation is effective from 4 June 2009, and no replacement AD is required as the unsafe condition no longer exists.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are binding legislative instruments and must adhere to the requirements of the Convention on International Civil Aviation. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. In Australia, CASA acts as the national airworthiness authority, tasked with assessing information from the State of Design and issuing corresponding ADs as necessary. For instance, CASA issued and subsequently cancelled an AD for certain models of Fairchild (Swearingen) Merlin aircraft, reflecting the dynamic nature of airworthiness requirements and Australia's commitment to international safety standards. The process of issuing and cancelling these directives is conducted by CASA officials in accordance with the legislative framework, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's purpose and ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act as Australia’s national airworthiness authority, assessing information provided by the State of Design and, when necessary, issuing Australian ADs to ensure compliance with international standards. Annex 8 to the Convention on International Civil Aviation mandates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA’s role is to evaluate ADs issued by the State of Design and to issue corresponding Australian ADs if appropriate.
In the case of AD/SWSA226/48, which affected the Fairchild (Swearingen) Merlin III SA226-T, Merlin IIIB SA226-T(B), and Merlin IV SA226-AT model aeroplanes, CASA has assessed the information and decided to cancel the Australian AD. This cancellation, effective from 4 June 2009, was due to the unsafe condition no longer existing, thus no replacement AD is needed. The decision to cancel the AD aligns with Australia's obligations under the Convention on International Civil Aviation, and it was made by the Manager Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, any breach of an airworthiness directive can result in significant consequences. Non-compliance with ADs can lead to severe penalties, including fines and imprisonment, as stipulated under the Civil Aviation Act 1988. The specific penalties for breaches depend on the nature and severity of the violation, but can include substantial financial penalties and imprisonment terms as prescribed by the relevant provisions of the Act.