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/ECUREUIL/36 Amdt 2 affecting Eurocopter AS350 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that align with the Act’s objectives, facilitating the oversight of aviation safety. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of these entities in accordance with international standards set by the Convention on International Civil Aviation. The ADs, which are legislative instruments, play a crucial role in maintaining the safety standards of aircraft registered in Australia. The cancellation of a particular AD affecting Eurocopter AS350 helicopters by CASA, without public consultation, exemplifies the regulatory process aimed at aligning with international obligations and ensuring the ongoing safety of civil aviation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and aim to ensure the safety of air navigation, aligning with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8. The ADs are essential tools for maintaining the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design and the State of Registry. CASA, acting under the Act, issued an airworthiness directive for Eurocopter AS350 helicopters, which has now been cancelled effective 30 July 2009, reflecting the international standards and obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended and referenced in the explanatory statement, outlines the framework under which airworthiness directives (ADs) are issued and managed. Specifically, section 98 empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA has the authority to issue ADs which are pivotal in ensuring the continuing airworthiness of aircraft. These directives are issued in accordance with international standards, specifically under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with providing necessary information to maintain airworthiness. The State of Registry, in this case CASA, must ensure the ongoing airworthiness of individual aircraft. This involves developing or adopting requirements that meet international safety standards.
CASA issued an airworthiness directive for Eurocopter AS350 helicopters, identified as AD/ECUREUIL/36 Amdt 2. However, due to obligations under the Convention on International Civil Aviation, this directive has been reviewed and subsequently cancelled. The cancellation is effective from 30 July 2009, and no replacement directive is required. Given the international obligations that necessitated this cancellation, there was no consultation with the Australian public, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required for this AD cancellation.
The AD was 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. This ensures that the ADs are issued under proper authority and align with both national and international regulatory frameworks. Any breaches or non-compliance with these ADs can lead to severe consequences, including potential civil or criminal penalties. While the specifics of these penalties are not detailed in the explanatory statement, the overarching framework under which these directives operate underscores the importance of strict adherence to ensure the safety of air navigation.