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 355/42 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 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These ADs serve as crucial instruments for maintaining the continuing airworthiness of aircraft, aligning with international standards under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting under the authority conferred by regulation 39.001 of the Civil Aviation Safety Regulations 1998, issues these directives to address safety concerns and ensure compliance with aviation safety standards. The policy objective is to uphold the highest safety standards in civil aviation, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, where an aircraft is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type, while the State of Registry, where the aircraft is registered, is responsible for ensuring its ongoing airworthiness. In Australia, CASA has the authority to issue ADs to meet these international obligations, and such directives apply to all relevant aircraft and aeronautical products within Australia’s jurisdiction. The issuance, amendment, or cancellation of these directives is conducted in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with specific ADs, such as the cancelled AD/AS 355/42 for Eurocopter AS355 helicopters, reflecting Australia’s commitment to international standards and safety protocols.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations, including those related to airworthiness directives (ADs), in the interest of safety, as per section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation places the responsibility of ensuring continuing airworthiness of an aircraft type with the State of Design, which must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, under Annex 8, by developing or adopting appropriate requirements.
Under the authority granted by the Civil Aviation Act 1988, CASA issued AD/AS 355/42 concerning Eurocopter AS355 helicopters. After thorough review, CASA has decided to cancel this AD, effective from 30 July 2009, without the need for a replacement directive. This decision aligns with Australia’s obligations under the Convention on International Civil Aviation, hence no public consultation was required. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Any breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant legal consequences. Offences under these regulations can result in substantial penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary significantly, often aligning with the seriousness and impact of non-compliance on aviation safety. CASA retains the authority to enforce these regulations, ensuring that all parties adhere to the stipulated airworthiness requirements to maintain the safety standards in Australian civil aviation.