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/42 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, enacted by the Parliament of Australia, aims to provide for the regulation of civil aviation, ensuring the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations for the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments and serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design and the State of Registry of an aircraft share responsibilities for ensuring the aircraft's airworthiness. In a specific instance, CASA issued and subsequently cancelled an AD affecting Eurocopter AS350 helicopters, reflecting Australia’s commitment to international civil aviation standards and its obligation to ensure continuing airworthiness in accordance with the Convention.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) for ensuring the safety of air navigation. These regulations apply to all aircraft and aeronautical products within Australia, and the ADs serve as legislative instruments that mandate compliance with safety standards. The State of Registry, which in the Australian context is CASA, is responsible for the continuing airworthiness of aircraft registered in Australia, and must ensure adherence to these directives. The ADs are made in accordance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The scope of the ADs extends nationally, governing all entities and persons involved in the operation and maintenance of aircraft within Australian jurisdiction. No specific exclusions or exemptions are mentioned in the text, but it is noted that ADs do not require a Regulatory Impact Statement. The ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their issuance and cancellation are managed within the legislative and regulatory processes outlined in the relevant Acts.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further classifies ADs as disallowable instruments, meaning they can be subject to disallowance by Parliament under section 46A of the Acts Interpretation Act 1901. As legislative instruments, ADs are subject to the provisions of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties and entities it governs include ensuring the continuing airworthiness of aircraft and aeronautical products. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, is responsible for providing necessary information to ensure the airworthiness of an aircraft type to the States of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, acting on behalf of the Australian government, issues ADs to meet these obligations and to comply with international standards set by the International Civil Aviation Organization (ICAO).
In terms of compliance and enforcement, the Act and the Regulations establish various consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with ADs can lead to significant civil or criminal penalties. The exact nature of these penalties may depend on the severity of the breach and the specific provisions of related aviation legislation. Non-compliance with ADs can potentially result in severe consequences, including grounding of aircraft, fines, and even imprisonment, depending on the seriousness of the breach and the jurisdiction's specific regulatory framework.