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/HU 269/11 Amendment 3 affecting Schweizer (Hughes) 269A and 269B model Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/11 Amendment 3. The cancellation will become effective on 7 May 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, Airframe 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 to govern the regulation and safety of civil aviation in Australia, empowers the Governor-General to create regulations that ensure the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as per international standards outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type’s airworthiness, while the State of Registry must enforce these standards domestically. CASA, acting on behalf of Australia, evaluates ADs issued by foreign states and, if necessary, mandates corresponding requirements within Australia. The regulatory process for ADs, including their cancellation, is conducted without public consultation due to their international nature, and they do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and its subordinate Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products to ensure safety in air navigation. These directives are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. The ADs are intended to comply with Annex 8 of the Convention on International Civil Aviation, under which the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority, assessing information from the State of Design and issuing corresponding Australian ADs. In the specific case of Schweizer (Hughes) 269A and 269B model Helicopters, CASA issued and subsequently cancelled Australian AD/HU 269/11 Amendment 3 due to the resolution of the unsafe condition, without the need for a replacement AD. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and was made without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued and managed 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 ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they must comply with the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the State of Design having the responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, and providing necessary information to ensure airworthiness. The State of Registry, which in Australia is CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of individual aircraft on the Australian Register is maintained in line with international standards.
There are significant consequences for non-compliance with ADs. CASA, as the national airworthiness authority, must ensure that all relevant ADs are issued and enforced to maintain safety standards. Failure to comply with an AD can result in serious safety risks, and potentially in both civil and criminal penalties. Under the Civil Aviation Act 1988, violations of ADs can lead to fines and imprisonment. For example, section 64 imposes a penalty of up to 500 penalty units for non-compliance, and section 65 allows for imprisonment of up to two years for serious breaches. These provisions underscore the importance of adhering to ADs to ensure the safety and integrity of Australia's civil aviation system.