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/SWSA226/5 affecting Fairchild (Swearingen) SA226T model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/5. 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 Australian Parliament, serves as the foundational legislation for civil aviation in Australia, addressing the need for comprehensive regulation to ensure the safety and efficiency of air navigation within Australia. It empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, to maintain the safety of air navigation. ADs, as legislative instruments, are essential tools for ensuring the continuing airworthiness of aircraft types, aligning with Australia's commitments under Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives to mandate safety requirements, and in the case of the Fairchild (Swearingen) SA226T model aeroplanes, CASA assessed and subsequently cancelled the Australian AD/SWSA226/5, effective from 4 June 2009, as the unsafe condition no longer existed. The cancellation was executed by CASA without public consultation, as per the requirements under the Convention, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations that promote the safety of air navigation. These regulations are instrumental in the implementation of airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, whereby the Civil Aviation Safety Authority (CASA) is authorised to issue ADs concerning certain types of aircraft or aeronautical products. These ADs, as provided in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments as per the Legislative Instruments Act 2003. The ADs serve as a fundamental mechanism for ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the overall responsibility for this aspect. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess and implement any relevant ADs issued by the State of Design, ensuring compliance with the continuing airworthiness requirements for aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Under section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument and is disallowable under section 46A of the Acts Interpretation Act 1901. ADs are a common form of continuing airworthiness information and are issued by most ICAO Contracting States, with the State of Design having overall responsibility for the continuing airworthiness of an aircraft type.
The obligations under the Act and Regulations are significant for the parties involved. The State of Design is responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements of an AD can result in various consequences. Under the Civil Aviation Act 1988, CASA can issue penalties for non-compliance with ADs. The specific penalties for breaching an AD can include fines, imprisonment, or both, depending on the nature and severity of the breach. The Civil Aviation Safety Regulations 1998 also provide for the imposition of administrative penalties for non-compliance with ADs. The maximum penalties can vary, but they are designed to ensure that aircraft remain airworthy and safe to operate.
In the specific case of AD/SWSA226/5 affecting Fairchild (Swearingen) SA226T model aeroplanes, CASA assessed the AD and decided to cancel it. This cancellation was due to the unsafe condition no longer existing, and it became effective on 4 June 2009. No replacement AD was required as the unsafe condition had been resolved. As this cancellation was a result of Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary. The AD 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.