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 355/35 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, Systems and New Technologies 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, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations in the interest of aviation safety. Specifically, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products, thereby maintaining the continuing airworthiness of aircraft. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design and the State of Registry have respective responsibilities under the Convention on International Civil Aviation for ensuring the airworthiness of aircraft, with ADs being a primary means of communication for continuing airworthiness information. In line with these international obligations, CASA has cancelled a particular airworthiness directive (AD/AS 355/35) concerning Eurocopter AS355 helicopters, effective from 30 July 2009, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft and aeronautical products, in line with the overarching goal of ensuring the safety of air navigation. Each AD serves as a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901, and is created under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The Act applies to all aircraft and aeronautical products registered in Australia, thereby encompassing a wide range of entities including aircraft manufacturers, operators, and maintenance providers. The jurisdictional reach of these regulations extends nationally, aligning with Australia’s commitments under the Convention on International Civil Aviation, particularly through Annex 8, which places the responsibility for continuing airworthiness with the State of Design and the State of Registry. The cancellation of a specific AD, such as AD/AS 355/35 affecting Eurocopter AS355 helicopters, is made in accordance with Australia’s international obligations and domestic safety standards, without the necessity for public consultation or a Regulatory Impact Statement. The AD cancellation process is managed by CASA, reflecting the authority vested in the Manager, Systems and New Technologies within the Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, facilitates the regulation of airworthiness directives (ADs) under section 98 (operative section). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products to ensure air navigation safety. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This means that ADs carry legal weight and are subject to specific legislative scrutiny and procedures.
The obligations imposed by the Act and the Regulations on the parties involved include the State of Design's responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the aircraft's airworthiness to the appropriate States of Registry. Concurrently, the State of Registry, as outlined in Annex 8, is tasked with developing or adopting requirements to maintain the continuing airworthiness of the aircraft. CASA, as the regulatory authority, issues ADs to enforce these responsibilities and ensure compliance with safety standards.
There are no specific offences, penalties, or consequences outlined in the provided text for the breach of ADs. However, the legal framework surrounding ADs implies that non-compliance could lead to serious ramifications. Since ADs are legislative instruments, failure to adhere to them might result in civil or criminal actions under broader aviation safety laws. Penalties for such breaches could include fines, imprisonment, or other sanctions as prescribed by relevant aviation legislation. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Civil Aviation Act 1988 and related regulations.