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 269/44 affecting Schweizer (Hughes) 269A, 269A(TH-55A), 269B and 269C model Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/44. 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 Systems and New Technologies, 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 framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support the Act's objectives, as seen in the issuance of airworthiness directives under the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts on behalf of the Australian Government to issue these directives, reflecting Australia's commitment to international safety standards. The Act aims to align Australian regulations with global practices, ensuring that the safety of air navigation is consistently upheld. The cancellation of an airworthiness directive concerning certain Schweizer Helicopters models, effective from 7 May 2009, demonstrates CASA's responsiveness to international safety directives and its role in safeguarding Australian airspace.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations apply to all aircraft registered in Australia, encompassing both the aircraft themselves and any aeronautical products they may use. Airworthiness directives are a form of legislative instrument that serves to maintain the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the manufacturer, holds primary responsibility for providing necessary information to maintain airworthiness, while the State of Registry, in this case CASA, is responsible for issuing ADs to enforce these requirements within Australia. The authority to issue ADs is exercised under section 39.001 of the Civil Aviation Safety Regulations 1998, and these directives can be disallowed under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments. The issuance of such directives follows strict regulatory procedures and does not generally require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations that serve the purposes of the Act and 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) concerning certain types of aircraft or aeronautical products. This regulatory framework is designed to ensure that all aircraft meet the required safety standards, and ADs are a primary tool in achieving this. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties involved are significant. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type under Annex 8 to the Convention on International Civil Aviation. This includes providing all necessary information to the States of Registry to ensure the aircraft's continuing airworthiness. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the aircraft's ongoing airworthiness. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with an airworthiness directive can have serious consequences. While the specific offences and penalties are not detailed in this text, it is clear that non-compliance with ADs can lead to significant civil or criminal consequences. CASA's authority to issue ADs is a critical mechanism to ensure that aircraft meet the necessary safety standards, and non-compliance with these directives can result in actions against the aircraft operator, manufacturer, or other relevant parties. The severity of the consequences would depend on the nature of the non-compliance and the impact on aviation safety.