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 355/26 Amdt 1 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, Airframe 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, enacted by the Australian Parliament, establishes the legal framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs), which are regulatory instruments made under the Civil Aviation Safety Regulations 1998 to address safety issues with specific aircraft or aeronautical products. These directives are crucial for maintaining high safety standards and ensuring compliance with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives on behalf of the Minister for Infrastructure and Transport, in line with the policy objectives of the Act to protect public safety and the integrity of the Australian aviation industry.
In accordance with Australia's international obligations and the legislative framework set by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, CASA has the authority to issue and cancel ADs. For instance, AD/AS 355/26 Amdt 1, which was issued concerning Eurocopter AS355 helicopters, has been reviewed and subsequently cancelled by CASA due to the requirements under the Convention on International Civil Aviation. The cancellation of this AD, effective from 30 July 2009, highlights the dynamic nature of aviation safety regulation, where international obligations can necessitate the amendment or withdrawal of domestic safety directives. This action was taken without public consultation as it pertains to administrative updates rather than new regulatory changes, and it does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These directives are legislative instruments, subject to disallowance, and must align with the obligations under the Convention on International Civil Aviation. The State of Design has overarching responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry, which are then tasked with ensuring the ongoing airworthiness of individual aircraft within their jurisdiction. CASA, acting in accordance with its legislative mandate, has the authority to issue, review, and subsequently cancel ADs, as demonstrated in the case of AD/AS 355/26 Amdt 1 for Eurocopter AS355 helicopters, which has been cancelled effective 30 July 2009. Given Australia's international commitments, this cancellation does not necessitate public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring compliance with the statutory framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to issue regulations for air navigation safety (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments as per subregulation 39.001(5), must adhere to the requirements set out in the Acts Interpretation Act 1901. The State of Design, which is the country where the aircraft is designed, is ultimately responsible for the continuing airworthiness of an aircraft type, a responsibility that includes providing necessary information to the State of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft in its jurisdiction.
These obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a duty on CASA to issue ADs that are consistent with international standards and practices, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting in its capacity, has the authority to issue, review, and cancel ADs, as demonstrated in the case of AD/AS 355/26 Amdt 1, which affects Eurocopter AS355 helicopters. Given Australia's commitments under the Convention on International Civil Aviation, CASA cancelled AD/AS 355/26 Amdt 1, effective 30 July 2009, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with ADs could lead to serious consequences, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While specific penalties for non-compliance are not detailed in the provided text, general aviation laws in Australia include both civil and criminal penalties for violations that compromise safety. Civil penalties might include fines, while criminal penalties could involve imprisonment, reflecting the high stakes involved in ensuring aviation safety. CASA’s regulatory actions, such as the cancellation of AD/AS 355/26 Amdt 1, are therefore crucial in maintaining the safety standards required by both national and international regulations.