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 355/32 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. In line with this objective, the Act allows the Governor-General to make regulations for the Act's purposes, particularly to safeguard air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In 2009, CASA cancelled AD/AS 355/32, which affected Eurocopter AS355 helicopters, due to Australia's obligations under the aforementioned Convention, without the need for public consultation or a Regulatory Impact Statement, and no replacement AD was required. This cancellation reflects CASA’s commitment to international safety standards and efficient regulatory practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and their issuance is aligned with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is accountable for the airworthiness of individual aircraft, ensuring compliance with applicable regulations and international standards. In accordance with these frameworks, CASA issued an AD affecting Eurocopter AS355 helicopters, which has since been reviewed and cancelled due to Australia's international obligations. This cancellation, which becomes effective on 30 July 2009, does not require a replacement AD and was made by the Manager, Airframe and Structures in the Airworthiness Engineering Group on behalf of CASA. Given the international nature of the action, no public consultation or Regulatory Impact Statement was deemed necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, thus, a legislative instrument as per the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. This aligns with Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, acting on behalf of the State of Registry, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft in line with these international standards.
The Civil Aviation Safety Regulations 1998 and associated ADs impose specific obligations on CASA and the State of Registry to ensure compliance with airworthiness standards. CASA must review, issue, and manage ADs to address safety issues, while the State of Registry must ensure that individual aircraft meet the stipulated airworthiness requirements. Additionally, the State of Design must provide necessary information to ensure that the aircraft types remain airworthy. The cancellation of an AD, such as AD/AS 355/32 affecting Eurocopter AS355 helicopters, signifies a compliance with international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with ADs can result in significant consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for non-compliance with ADs, breaches can lead to enforcement actions by CASA, potentially including fines and other regulatory sanctions. Non-compliance can also have serious safety implications, including grounding of aircraft and other measures to ensure public safety. The exact penalties for breaches are not specified in the provided text but can vary based on the severity and impact of the non-compliance.