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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/AS 355/1 Amdt 8 affecting Eurocopter AS355 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
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, Airframes 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 is the primary legislative instrument governing civil aviation in Australia, enacted to ensure the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail the requirements for airworthiness directives (ADs), which are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs are legislative instruments subject to disallowance and best practice regulation standards. CASA has the authority to issue and cancel ADs, ensuring compliance with international standards set by the Convention on International Civil Aviation. The AD/AS 355/1 Amdt 8 affecting Eurocopter AS355 helicopters has been cancelled by CASA due to Australia's obligations under the Convention, effective from 30 July 2009, with no replacement AD required.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This regulation serves to ensure the safety of air navigation as mandated by the Act. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This legislation applies to all entities involved in the operation and maintenance of aircraft within Australia, including aircraft operators, maintenance providers, and other relevant stakeholders. The scope extends nationally, reflecting Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and the State of Registry the responsibility for individual aircraft. The cancellation of a specific AD for Eurocopter AS355 helicopters, which will become effective on 30 July 2009, exemplifies the regulatory action CASA can take to uphold these standards.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations aimed at enhancing the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as crucial tools for maintaining the safety and airworthiness of aircraft. According to subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, including the provision of necessary information to ensure the safety of the aircraft to States of Registry. The State of Registry, on the other hand, is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements to achieve this end. CASA, acting under these international obligations, issued AD/AS 355/1 Amdt 8 affecting Eurocopter AS355 helicopters. However, CASA has since reviewed and cancelled this AD, with the cancellation set to take effect on 30 July 2009. No replacement AD is deemed necessary.
Given that the cancellation of this AD is in response to Australia’s commitments under the Convention on International Civil Aviation, no consultation with the Australian public has been conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes and Structures, within CASA’s Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative framework underscores the importance of maintaining stringent safety standards in the aviation sector.
In terms of offences, penalties, and consequences for breaches, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a structured approach to enforcing compliance. Non-compliance with ADs can result in severe civil and criminal penalties. For instance, under section 34 of the Civil Aviation Act 1988, an aircraft is deemed unsafe if it does not comply with applicable ADs. Failure to adhere to an AD can lead to enforcement actions, including fines and imprisonment, as stipulated under section 16 of the Act. Furthermore, CASA has the authority to take corrective action, such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for the operators. These stringent measures underscore the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.