CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA has issued AD 2005-06-13 affecting Fairchild Model SA226 and SA227 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SWSA226/86, Amendment 1, which will become effective on 9 June 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for ensuring the safety and efficiency of civil aviation in Australia. One of the key mechanisms introduced by the Act is the ability for the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. Under the Civil Aviation Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by the Act. This regulatory framework is crucial for ensuring that aircraft and aeronautical products meet the necessary safety standards. The Civil Aviation Act 1988, administered by the Parliament of Australia, aims to uphold international safety standards and maintain the integrity of Australia's civil aviation system by enabling CASA to issue ADs in response to international obligations and safety concerns.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, outlines the framework under which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. An AD is a legislative instrument, and its issuance follows international standards set forth by the International Civil Aviation Organization (ICAO). The ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility for providing necessary information to ensure that aircraft types meet safety standards. The State of Registry, in this case CASA, must adopt or develop requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, which may include issuing Australian ADs in response to directives from the State of Design. For instance, in response to the Federal Aviation Administration's AD 2005-06-13 for Fairchild Model SA226 and SA227 aircraft, CASA issued Australian AD/SWSA226/86, Amendment 1, effective from 9 June 2005. This AD was made without public consultation and does not require a Regulatory Impact Statement, as it is issued under Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, as supported by the Civil Aviation Regulations 1998, empowers the Governor-General to establish regulations necessary for the safety of air navigation (section 98). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are crucial for maintaining the airworthiness of aircraft and ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must be assessed and potentially adopted by the State of Registry of an individual aircraft.
Under the Act, CASA is obligated to review and assess any ADs issued by the State of Design, which in the case of the Fairchild Model SA226 and SA227 aircraft is the United States. Once an AD is deemed necessary and appropriate, CASA must issue a corresponding Australian AD to enforce the requirements on the Australian Register. This process ensures that the aircraft continue to meet the safety and airworthiness standards mandated by international conventions. The AD issued by CASA, such as AD/SWSA226/86, Amendment 1, which became effective on 9 June 2005, replaces the previous directive and mandates the compliance of affected aircraft owners and operators.
The obligations imposed by the Act on the entities it governs include the continuous assessment and compliance with ADs issued by the State of Design and CASA. Aircraft owners and operators must ensure their aircraft meet the specified requirements as dictated by the ADs. Failure to comply with these directives can result in serious legal consequences. CASA's role is to monitor and enforce adherence to these safety standards, ensuring that the aircraft remain airworthy and safe for operation within Australian airspace.
Violating the requirements set forth in an AD can lead to significant penalties. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence. The penalties for such violations can be severe, including fines and imprisonment. The maximum penalties for contravening the Act's provisions are determined by the specific nature of the offence and can vary accordingly. These legal repercussions underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.