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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/BO 105/10 affecting Eurocopter BO 105 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BO 105/10. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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 ensure the safety of air navigation in Australia, with the Civil Aviation Safety Regulations 1998 further outlining the requirements for aircraft airworthiness. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to mandate safety requirements for aircraft on the Australian Register. One such directive, AD/BO 105/10, affecting Eurocopter BO 105 series helicopters, has been assessed by CASA and subsequently cancelled, effective from 30 July 2009. This cancellation follows the resolution of the unsafe condition initially identified, thus rendering a replacement AD unnecessary. The cancellation process aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Act.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. Regulation 39.001 allows CASA to issue these directives for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework applies to entities and individuals involved in the operation, maintenance, and manufacturing of aircraft within Australia, encompassing the entire aviation industry. The jurisdiction of these regulations extends nationally, aligning with Australia’s commitments under the Convention on International Civil Aviation. The issuance of ADs is mandated by Australia’s obligations to the State of Design, which bears overall responsibility for the continuing airworthiness of an aircraft type. Exemptions or exclusions from these regulations are not explicitly stated in the provided text, indicating that the directives apply broadly across the aviation sector. The ADs are legislative instruments, subject to disallowance, and are issued without public consultation or a Regulatory Impact Statement, reflecting their technical nature and the urgency often required in aviation safety measures.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, involve the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations that serve the purpose of the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on the parties and entities they govern. The State of Design, which is the country where the aircraft type is designed, must ensure the continuing airworthiness of that type and provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Breaches of these obligations can lead to various civil or criminal consequences. For instance, if CASA fails to issue an Australian AD when required, it could potentially be held liable for any accidents or incidents that arise due to the non-compliance with the continuing airworthiness requirements. Although the specific penalties for such breaches are not detailed in the text, it is clear that failing to adhere to the ADs could result in significant safety risks, legal liabilities, and potential penalties under both civil and criminal law. The Civil Aviation Act 1988 and related regulations provide the framework within which these consequences would be determined and enforced.