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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/ENST 28/22 affecting Enstrom F-28 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/ENST 28/22. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate the safety aspects of civil aviation within Australia, establishes the framework for ensuring the safety and airworthiness of aircraft. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, and it is through this authority that the Civil Aviation Safety Regulations 1998 were established. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical in maintaining the safety standards of aircraft in Australia. This legislation responds to the need for robust safety regulations in the aviation sector, addressing gaps in maintaining the continuing airworthiness of aircraft, and ensuring compliance with international standards as set forth by the Convention on International Civil Aviation. The objective of these regulations is to mandate safety measures and ensure that aircraft operating within Australian airspace meet the necessary safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These ADs serve as legislative instruments and are designed to address continuing airworthiness concerns as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA acting on behalf of Australia, ensures that the aircraft on the Australian Register meets continuing airworthiness requirements. In the instance of the Enstrom F-28 series helicopters, CASA assessed the necessity of an AD issued by the State of Design and subsequently cancelled the Australian AD/ENST 28/22 on 27 August 2009, as the unsafe condition no longer existed, thereby eliminating the need for a replacement AD. Given that this cancellation aligns with Australia's obligations under international conventions, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 39.001(5) further clarifies that these ADs are disallowable instruments, and therefore, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Safety Regulations 1998, through regulation 39.001, impose specific obligations on CASA to issue ADs that mandate the requirements of the State of Design when it issues an AD against a type of aircraft on the Australian Register. These ADs ensure the continuing airworthiness of aircraft, a responsibility that falls upon the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. CASA must assess the ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
There are no specific offences or penalties mentioned in the Civil Aviation Safety Regulations 1998 concerning the issuance or non-compliance with ADs, but the failure to adhere to ADs could potentially lead to civil or criminal consequences under other sections of the Civil Aviation Act 1988 or related regulations. The cancellation of AD/ENST 28/22 for the Enstrom F-28 series helicopters by CASA indicates that when an unsafe condition no longer exists, CASA can cancel an AD without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The ADs are made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the ADs are legally sound and serve the purpose of maintaining airworthiness and safety in the aviation sector. The AD/ENST 28/22 cancellation highlights CASA’s commitment to ensuring that aircraft on the Australian Register remain compliant with international safety standards.