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/49 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments used to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards under the Convention on International Civil Aviation. The 1988 Act aims to safeguard the public by enforcing rigorous safety standards and compliance with international obligations. The Civil Aviation Safety Regulations 1998 were established to further detail the procedures and requirements for ensuring that aircraft remain airworthy throughout their operational life, including the issuance and cancellation of airworthiness directives as necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by this instrument, apply to all aircraft registered in Australia and to aeronautical products used in civil aviation within the country. The Act applies to the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, and to the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type. The Civil Aviation Safety Authority (CASA), acting on behalf of the Commonwealth, issues airworthiness directives (ADs) for kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, in accordance with section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Notably, this particular AD, AD/ECUREUIL/49 affecting Eurocopter AS350 helicopters, was issued by CASA and has been cancelled due to Australia's obligations under the Convention on International Civil Aviation. The cancellation of this AD was not subject to consultation with the Australian public, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. 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 Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review processes, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has issued and subsequently cancelled AD/ECUREUIL/49, which affected Eurocopter AS350 helicopters. The cancellation of this AD, effective from 30 July 2009, was due to Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, holds the responsibility for ensuring the continuing airworthiness of individual aircraft, in line with Annex 8 of the Convention. This obligation includes developing or adopting appropriate requirements to maintain airworthiness standards.
Entities and parties governed by the Act and Regulations are required to comply with the ADs issued by CASA. This includes ensuring that any identified safety issues are addressed promptly, in accordance with the directives provided. The State of Design, which in this context is the manufacturer of the Eurocopter AS350 helicopters, must also provide necessary information to support the airworthiness of the aircraft type. Failure to comply with these directives could result in serious safety risks, impacting both the aircraft and those who use them.
Breaches of ADs or failure to comply with the safety requirements outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil and criminal consequences. While the specific penalties are not detailed in the provided text, the Act generally includes provisions for enforcement actions, fines, and other penalties for non-compliance. The severity of these consequences depends on the nature and extent of the breach, and the discretion of the relevant authorities, including CASA.