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 United States FAA issued AD 2009-11-06, affecting M7 SA226 and SA227 type aircraft, in 2009. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/SWSA226/97 Amendment 1, will become effective on 24 September 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, 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 civil aviation in Australia with a focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, delegating specific authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are designed to maintain the continuing airworthiness of aircraft as per international standards set by the Convention on International Civil Aviation. The ADs are issued in response to obligations under international conventions and to mandates from the aircraft's State of Design, ensuring compliance with global safety standards. The policy objective of the ADs is to enhance the safety of air navigation by mandating necessary safety measures and corrections, thereby aligning with Australia’s commitments under international aviation agreements.
Scope and Application
The Civil Aviation Act 1988 and its subordinate instrument, the Civil Aviation Safety Regulations 1998, establish a framework for the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General may make regulations for the Act's purposes, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are treated as such under the Legislative Instruments Act 2003. These directives apply to aircraft registered in Australia and are designed to align with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is tasked with ensuring the continuing airworthiness of aircraft and must issue ADs as necessary. The ADs are issued in response to directives from the State of Design or based on international obligations, and typically, there is no public consultation due to their technical nature and the urgent need for safety compliance.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for issuing airworthiness directives (ADs) which are crucial for maintaining the safety and airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and they fall under the purview of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are substantial. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of that type. This includes providing necessary information to the State of Registry, which is the country where an aircraft is registered. The State of Registry must then develop or adopt requirements to maintain the airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce the requirements of the original directive.
Failure to comply with ADs can lead to significant consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline the penalties for non-compliance with ADs, but non-compliance with airworthiness regulations generally can result in severe civil and criminal penalties. For instance, operating an aircraft that does not comply with ADs can lead to penalties under the Civil Aviation Act 1988, including fines and imprisonment. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft, which can have serious operational and financial repercussions for operators.
The legislative process for issuing ADs in Australia is designed to ensure efficiency while maintaining safety standards. Given that ADs are issued in response to international obligations and to directives from the State of Design, they do not require public consultation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process to swiftly address safety concerns. The ADs are made by authorised personnel within CASA, ensuring that the directives are issued in accordance with the legislative framework provided by the Civil Aviation Act 1988.