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.
CASA issued AD/A109/26 affecting Agusta A109 series helicopters. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective 27 August 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 a comprehensive legislative framework governing civil aviation in Australia, ensuring safety and efficiency within the sector. One aspect of this legislation is the regulation of airworthiness directives (ADs), which are critical for maintaining the safety standards of aircraft and aeronautical products. Pursuant to section 98 of the Act, the Governor-General is empowered to create regulations aimed at enhancing the safety of air navigation, with CASA (Civil Aviation Safety Authority) being the designated authority to issue these directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as a key mechanism for addressing safety issues and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Act and its regulations mandate that CASA, as the national airworthiness authority, must assess and respond to ADs issued by the State of Design, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia, ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are consistent with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type's continuing airworthiness and must provide necessary information to the States of Registry, who must then implement the required measures. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs to align with those from the State of Design. The AD/A109/26 for Agusta A109 series helicopters, issued by CASA, has been cancelled due to the resolution of the original unsafe condition, effective from 27 August 2009, without necessitating a replacement AD. This cancellation, which reduces regulatory burden, did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interest of the safety of air navigation, and regulation 39.001 specifically authorises CASA to issue ADs for kinds of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), these ADs are classified as disallowable instruments, as per section 46A of the Acts Interpretation Act 1901, and thus they are legislative instruments.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, which is responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type and provide any necessary information to the State of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, is responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Act and the accompanying regulations also outline the consequences for non-compliance with ADs. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is generally understood that failure to comply with an AD can result in serious civil and criminal penalties. Such penalties could include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act and Regulations. The primary purpose of these provisions is to ensure the safety of air navigation by enforcing compliance with airworthiness standards.