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/HILLER 12/42 affecting Hiller UH-12 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HILLER 12/42. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to address the need for comprehensive regulation of civil aviation safety, ensuring that the aviation industry operates within a safe and secure framework. The Act provides the legal basis for the Civil Aviation Safety Authority (CASA) to develop and enforce regulations aimed at maintaining the highest standards of airworthiness and safety. One of the key mechanisms through which CASA implements these safety measures is by issuing airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific actions to be taken to maintain the continuing airworthiness of aircraft registered in Australia. The objective is to ensure that aircraft remain in a condition that is safe for operation, in line with the State of Design’s responsibilities under Annex 8 of the Convention on International Civil Aviation and the State of Registry’s obligations to enforce these standards within Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued and managed in Australia. These regulations apply to all aircraft registered in Australia, their owners, operators, and maintenance personnel, as well as to aeronautical products and technologies used in these aircraft. The geographic scope of these regulations is national, applying uniformly across the Commonwealth, states, territories, and any other jurisdictions within Australia. ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) in accordance with Annex 8 to the Convention on International Civil Aviation, ensuring that Australian aviation safety standards align with international obligations. While ADs are typically issued to address safety concerns, certain ADs, such as the recently cancelled AD/HILLER 12/42 for Hiller UH-12 series helicopters, may be revoked when the identified unsafe conditions no longer exist. This particular cancellation was implemented in response to Australia's international obligations and did not require public consultation or a Regulatory Impact Statement. The authority to issue these directives is vested in CASA, with the specific cancellation of AD/HILLER 12/42 being authorised by the Manager, Future Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Specifically, section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (section 39.001(5)). These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the provisions of the Legislative Instruments Act 2003 (section 6).
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the appropriate States of Registry, which includes Australia. CASA, as Australia's national airworthiness authority, must then assess the information from the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. The State of Registry, in this case CASA, has the duty to ensure that the aircraft registered within its jurisdiction remain airworthy and comply with the issued ADs.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines, and potentially criminal charges if the non-compliance leads to an aviation incident. The specific penalties are not detailed in the provided text, but they can be severe, reflecting the high stakes of ensuring aviation safety. CASA enforces compliance by monitoring adherence to ADs and taking appropriate action against non-compliant operators.
The legislative process for issuing or cancelling an AD, as demonstrated in the example of AD/HILLER 12/42 for Hiller UH-12 series helicopters, involves assessment by CASA. When CASA determines that an unsafe condition no longer exists, it can cancel the AD, as seen in the cancellation of AD/HILLER 12/42, effective from 27 August 2009. This action was taken in accordance with Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.