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.
CASA issued AD/DAUPHIN/12 affecting Eurocopter SA365 Dauphin helicopters in 1984. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 27 August 2009. No replacement AD is required as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, enacted by the Australian Parliament, establishes the legislative framework governing civil aviation in Australia. The Act aims to ensure the safety and efficiency of air navigation, and it empowers the Governor-General to make regulations under section 98 for these purposes. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements for airworthiness and the issuance of airworthiness directives (ADs). The ADs are designed to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA), acting on behalf of the Australian Government, issued AD/DAUPHIN/12 for Eurocopter SA365 Dauphin helicopters in 1984. After reviewing the directive, CASA decided to cancel it, effective 27 August 2009, as the unsafe condition it addressed no longer exists. No public consultation was required as the cancellation reduces the regulatory burden, and it was deemed unnecessary to prepare a Regulatory Impact Statement. The AD cancellation was made by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of CASA, in accordance with the provisions of the Act.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation within Australia, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This Act and its associated regulations aim to ensure the safety of air navigation, with ADs serving as a key instrument for maintaining the continuing airworthiness of aircraft. These directives are legislative instruments, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are applicable to specific types of aircraft or aeronautical products, and the State of Registry has the responsibility for ensuring the continuing airworthiness of each aircraft. In the specific case of the Eurocopter SA365 Dauphin helicopters, CASA issued an AD in 1984, which has now been cancelled as the unsafe condition no longer exists, effectively reducing the regulatory burden without necessitating a Regulatory Impact Statement or public consultation.
Key Provisions
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are intended to address safety concerns and ensure that aircraft and products meet the necessary safety standards. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to comply with ADs issued by CASA. For example, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to States of Registry to maintain airworthiness. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA’s issuance of AD/DAUPHIN/12 in 1984, which has now been cancelled, exemplifies the authority and responsibility of CASA in maintaining safety standards.
There are specific obligations for parties affected by ADs. Operators and owners of aircraft must adhere to the directives to maintain airworthiness. This may involve inspections, repairs, or modifications as specified in the ADs. Non-compliance with ADs can lead to serious safety risks, and thus, entities are required to implement the directives promptly and as specified. Failure to comply with ADs can result in severe consequences, including potential grounding of aircraft, enforcement actions, and legal penalties.
The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with ADs. While the specific details of these penalties are not outlined in the provided text, generally, non-compliance with ADs can lead to civil penalties, including fines, and potentially criminal penalties. The exact penalties would depend on the severity of the breach and the specific regulations governing the case at hand. Furthermore, repeated or significant non-compliance may result in the suspension or revocation of air operator certificates or other regulatory authorisations.