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/41 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, 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, enacted by the Australian Parliament, lays down the legal framework for the safety of air navigation. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. The objective of these regulations is to align with Australia's international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and the responsibilities of the States of Design and Registry. Given the nature of ADs as legislative instruments, their development adheres to the requirements of the Legislative Instruments Act 2003, ensuring they are properly scrutinised and enacted. The recent cancellation of a specific AD affecting Eurocopter AS350 helicopters by CASA, effective from 30 July 2009, reflects Australia's commitment to these international standards, and no public consultation was necessary as per the Office of Best Practice Regulation’s determination that such ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specified kinds of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. As legislative instruments, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The ADs align with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry. In Australia, the State of Registry must develop or adopt requirements to maintain the continuing airworthiness of aircraft, and CASA has the authority to issue ADs for this purpose. In the specific case of AD/ECUREUIL/41 affecting Eurocopter AS350 helicopters, CASA has reviewed and subsequently cancelled the directive, effective from 30 July 2009, without the need for a replacement, in line with Australia's international obligations under the Convention on International Civil Aviation. This action has been taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) can be issued. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the Act and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure the continuing airworthiness of aircraft types, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to the State of Registry to maintain the aircraft's airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, acting in its regulatory capacity, issued an AD/ECUREUIL/41 affecting Eurocopter AS350 helicopters, which has since been reviewed and subsequently cancelled due to Australia's international obligations. This cancellation was effective from 30 July 2009, and no replacement AD is required.
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can result in serious consequences. Any person or entity that fails to comply with an AD can be subject to enforcement actions, as these directives are legally binding. Non-compliance can lead to safety risks, and in severe cases, it may result in criminal charges. Under the Act, penalties for non-compliance can include fines and imprisonment, depending on the severity of the breach. The specific penalties are determined by the courts based on the nature and extent of the offence, but they can be significant, reflecting the critical importance of aviation safety.