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/SWSA226/54 affecting Fairchild (Swearingen) SA226 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SWSA226/54. 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 a legislative framework for the safety and regulation of civil aviation in Australia. This Act was developed in response to the need for a comprehensive regulatory system to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australian airspace. The Civil Aviation Safety Regulations 1998, which were made under the authority of this Act, include provisions for the issuance of airworthiness directives (ADs). The issuance of ADs by the Civil Aviation Safety Authority (CASA) is essential to maintain safety standards in alignment with international obligations, particularly under the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that aircraft operating in Australia meet stringent safety standards, thereby protecting passengers, crew, and the general public. The legislative framework established by the Civil Aviation Act and its subsidiary regulations facilitates the coordination and enforcement of airworthiness directives, contributing to the overall safety of civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that serve the overarching purpose of ensuring the safety of air navigation, in accordance with the Civil Aviation Act 1988. The ADs are issued in line with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, who are responsible for the continuing airworthiness of individual aircraft. In the case of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The ADs are integral to maintaining the safety and airworthiness of aircraft registered in Australia and are implemented in compliance with both national and international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in line with section 98 of the Civil Aviation Act 1988. These ADs are integral to maintaining the safety of air navigation, serving as a formal mechanism for disseminating critical information regarding the ongoing airworthiness of aircraft. Each AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The ADs serve as a crucial link between the State of Design, which holds the overarching responsibility for the airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, and the States of Registry, who are tasked with ensuring the continuing airworthiness of individual aircraft registered within their jurisdiction. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, is obligated to evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the required measures. This ensures that Australian-registered aircraft meet the safety standards set forth by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the States of Registry include the responsibility of ensuring that all ADs are properly assessed, issued, and complied with to maintain the safety and airworthiness of aircraft. CASA must take swift action upon receiving an AD from a State of Design, cancelling the corresponding Australian AD if the unsafe condition no longer exists. In the case of AD/SWSA226/54, which affected Fairchild (Swearingen) SA226 model aeroplanes, CASA assessed the situation and subsequently cancelled the directive due to Australia’s obligations under the Convention on International Civil Aviation, as the unsafe condition it addressed no longer existed.
There are no public consultation requirements or the need for a Regulatory Impact Statement for ADs as determined by the Office of Best Practice Regulation. The Manager Systems and New Technologies, in the Airworthiness Engineering Group, issued the AD on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Breaches of these regulations or failure to comply with ADs may result in civil or criminal penalties, although the exact consequences are not specified in the provided text.