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/5 Amendment 6 affecting Eurocopter SA365 Dauphin helicopters in 1990. 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, serves to regulate and ensure the safety of civil aviation within Australia. The 1988 Act grants the Governor-General the authority to issue regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of the Act is to maintain and enhance the safety of civil aviation, which aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry hold responsibilities for the continuing airworthiness of aircraft types. The Civil Aviation Act 1988, through its regulatory framework, aims to mitigate safety risks and ensure that all aircraft operating within Australia meet stringent safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the responsibility of the State of Design and Registry. The issuance and subsequent cancellation of ADs, such as the one for the Eurocopter SA365 Dauphin helicopters, are managed by CASA's Airworthiness and Engineering Branch, with no requirement for public consultation or a Regulatory Impact Statement as they reduce regulatory burden. The scope of these regulations is national, affecting all aircraft and aeronautical products registered in Australia, and adheres to international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, allows the Governor-General to make regulations that are in the interest of air navigation safety. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design as per Annex 8 to the Convention on International Civil Aviation.
Under this legislative scheme, the State of Registry of an individual aircraft is also responsible for its continuing airworthiness, which involves developing or adopting requirements to ensure this. The AD/DAUPHIN/5 Amendment 6 issued by CASA in 1990 for Eurocopter SA365 Dauphin helicopters is an example of such regulatory action. CASA has now reviewed this AD and decided to cancel it, effective 27 August 2009, because the unsafe condition it addressed no longer exists. No replacement AD is necessary, and no consultation with the Australian public was required because the cancellation reduces regulatory burden. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
Obligations under this legislation for parties governed by it include adherence to ADs issued by CASA, ensuring that any aircraft they operate comply with continuing airworthiness requirements. Operators of Eurocopter SA365 Dauphin helicopters, for instance, must be aware of the cancellation of the AD/DAUPHIN/5 Amendment 6 and ensure that any previous requirements addressed by this AD are no longer applicable. This involves updating their records and possibly their maintenance protocols to reflect the current regulatory status. CASA’s role includes monitoring compliance and ensuring that any safety concerns are addressed through appropriate regulatory measures.
Breaches of regulations under the Civil Aviation Act 1988 can have significant consequences. While specific offences and penalties are not detailed in the provided text, generally, non-compliance with ADs can lead to enforcement actions by CASA, including fines and other civil or administrative penalties. In more severe cases, there may be criminal consequences, especially if non-compliance results in unsafe conditions that endanger public safety. The maximum penalties for breaches of civil aviation regulations can vary widely depending on the severity and intent of the breach, but they are intended to ensure strict adherence to safety standards.