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/SWSA226/50 Amendment 1 affecting Fairchild (Swearingen) SA227-TT, SA227-AT and
SA227-AC model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/50 Amendment 1. 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, addresses the need for a comprehensive legal framework governing the safety and regulation of civil aviation within Australia. The Act empowers the Governor-General to make regulations that serve the interests of the safety of air navigation, providing a foundation for subsequent regulatory measures. In line with this, the Civil Aviation Safety Regulations 1998, also made under the authority of the Civil Aviation Act 1988, further specify the procedures for maintaining airworthiness, including the issuance of airworthiness directives (ADs). The ADs are legislative instruments that ensure compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information for the continuing airworthiness of aircraft types. As Australia’s national airworthiness authority, the Civil Aviation Safety Authority (CASA) is responsible for assessing and, if necessary, issuing Australian ADs to enforce these requirements on aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to various entities within the aviation industry, including aircraft manufacturers, operators, and maintenance providers, as well as individual aircraft registered in Australia. The geographic reach of this legislation extends to all aircraft on the Australian Register, thereby encompassing both domestic and international flights operating within Australian airspace. The ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The issuance of ADs is in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. In the case of aircraft registered in Australia, CASA assumes the role of the State of Registry, responsible for ensuring the aircraft’s ongoing airworthiness. Consequently, when an AD is issued by the State of Design, CASA evaluates the information and may issue a corresponding Australian AD to enforce the necessary requirements.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (reg. 39.001(1)). These directives aim to ensure the safety and airworthiness of aircraft by providing necessary instructions or requirements for maintenance, inspection, and operational limitations (reg. 39.001(2)). The ADs are issued to address safety concerns identified with particular aircraft types or aeronautical products, and they must be followed by the relevant parties to maintain compliance with safety standards (reg. 39.001(3)). The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003 (reg. 39.001(5)).
The Civil Aviation Safety Regulations 1998 impose obligations on CASA to issue ADs as necessary to ensure the safety and airworthiness of aircraft (reg. 39.001(1)). When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design (reg. 39.001(4)). CASA is also responsible for ensuring that ADs are issued in a timely manner to address safety concerns (reg. 39.001(3)). Additionally, the State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure the continuing airworthiness of aircraft (reg. 39.001(4)).
Under the Civil Aviation (Safety) Regulations 1998, failure to comply with an AD may result in the aircraft being considered unairworthy and may lead to enforcement action by CASA (reg. 39.001(6)). The maximum penalty for non-compliance with an AD is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, for individuals, and up to 25,000 penalty units for bodies corporate (reg. 39.001(6)). CASA has the authority to issue infringement notices for non-compliance with ADs, with the maximum penalty being 1,000 penalty units for individuals and 5,000 penalty units for bodies corporate (reg. 39.001(7)). Furthermore, the Convention on International Civil Aviation places obligations on States of Design and States of Registry to ensure the continuing airworthiness of aircraft, and failure to comply with these obligations may result in consequences under international law (Annex 8).