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/37 Amdt 1 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 is a foundational piece of legislation designed to ensure the safety and efficiency of air navigation in Australia. This Act provides the legal framework within which the Civil Aviation Safety Authority (CASA) operates, allowing it to make regulations that safeguard air navigation. One such regulation, under the Civil Aviation Safety Regulations 1998, empowers CASA to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These directives are critical in fulfilling Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry maintain the airworthiness of aircraft. The ADs are tools through which these responsibilities are operationalised, ensuring that aircraft continue to meet safety standards. In accordance with the Legislative Instruments Act 2003, ADs are considered legislative instruments, and their issuance by CASA is a routine process to uphold the safety standards expected by the international community and domestic stakeholders.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, with the Civil Aviation Safety Authority (CASA) having the authority to issue them under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Airworthiness directives are legislative instruments that fall under the purview of the Legislative Instruments Act 2003 and are designed to maintain the airworthiness of aircraft types as required by Annex 8 to the Convention on International Civil Aviation. The State of Registry of an aircraft, which in this case is Australia, is responsible for ensuring the continuing airworthiness of individual aircraft. While the issuance of these directives is primarily aligned with international standards, the specific AD/ECUREUIL/37 Amdt 1 concerning Eurocopter AS350 helicopters has been reviewed and subsequently cancelled by CASA, effective from 30 July 2009, without necessitating public consultation or a Regulatory Impact Statement due to its alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments according to section 6 of the Legislative Instruments Act 2003. These provisions underscore CASA's role in maintaining airworthiness standards and ensuring compliance with international safety protocols.
Under these regulations, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, and must supply any necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, in turn, is accountable for the continuing airworthiness of individual aircraft. This dual responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. ADs serve as the primary method of communication for continuing airworthiness information among ICAO Contracting States, including Australia.
The AD/ECUREUIL/37 Amdt 1, originally issued by CASA for Eurocopter AS350 helicopters, has been reviewed and subsequently cancelled by CASA. This cancellation, which will take effect on 30 July 2009, is a result of Australia's obligations under the Convention on International Civil Aviation and does not necessitate consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. This 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 Act.
In terms of obligations, both the State of Design and the State of Registry are required to cooperate and ensure that necessary information is shared to maintain airworthiness standards. CASA, as the regulator, must issue ADs when necessary to address safety concerns and ensure compliance with international regulations. Failure to adhere to these obligations could result in legal consequences, as outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations. The penalties for non-compliance can include fines and other sanctions, as stipulated by the Act and the Civil Aviation Safety Regulations 1998.