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 355/34 Amdt 1 affecting Eurocopter AS355 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, 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 the primary goal of ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. One of the significant regulatory tools provided for under these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products. The ADs serve as crucial continuing airworthiness information as stipulated under Annex 8 to the Convention on International Civil Aviation, ensuring that each State of Registry is informed and can take appropriate action to maintain safety standards. The Civil Aviation Act 1988 thus forms the legislative foundation for maintaining high safety standards in Australia’s civil aviation sector, aligning with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988, specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design under Annex 8 to the Convention on International Civil Aviation. However, the State of Registry is also accountable for ensuring the ongoing airworthiness of individual aircraft. CASA has the authority to issue and subsequently cancel such directives, as demonstrated by the cancellation of AD/AS 355/34 Amdt 1 for Eurocopter AS355 helicopters, effective from 27 August 2009, without the need for public consultation or a Regulatory Impact Statement due to its alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Specifically, 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 ADs, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs, which are integral to maintaining the airworthiness of aircraft, are issued in a manner that complies with international standards and domestic regulations.
The obligations imposed by these provisions require CASA to issue ADs that align with the continuing airworthiness standards set forth in Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure that individual aircraft maintain their airworthiness. CASA, as the regulatory authority, has issued and subsequently cancelled AD/AS 355/34 Amdt 1 for Eurocopter AS355 helicopters, a decision that reflects Australia's commitment to international standards and the practical considerations of maintaining aircraft safety.
The cancellation of the AD/AS 355/34 Amdt 1, which will become effective on 27 August 2009, has been made without public consultation, as determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. This decision underscores the importance of adhering to international obligations and the efficiency of CASA's regulatory processes. The AD was issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued by a qualified authority within the regulatory framework.
The Civil Aviation Safety Regulations 1998 and related provisions also address the consequences of non-compliance with ADs. While the specific offences, penalties, and consequences for breaching ADs are not detailed in the provided text, it is clear that failure to comply with these directives can lead to serious safety implications. The regulatory framework is designed to ensure that all parties adhere to the highest standards of aircraft safety, with potential civil and criminal penalties for non-compliance, reflecting the critical nature of air navigation safety.