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 269/47 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/47. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and aircraft operations. Under this Act, the Governor-General has the authority to create regulations that align with the Act's objectives and promote the safety of air navigation. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products as stipulated in the Civil Aviation Safety Regulations 1998. These directives, which serve as a key mechanism for maintaining the continuing airworthiness of aircraft, are aligned with international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued by CASA to address unsafe conditions identified by the State of Design or State of Registry, ensuring compliance with both national and international safety standards. The cancellation of AD/HU 269/47 for Schweizer (Hughes) 269 series Helicopters, for instance, reflects the dynamic nature of airworthiness directives in response to evolving safety concerns.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the legal framework within which airworthiness directives (ADs) are issued to ensure the safety of aircraft in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The application of these ADs is governed by the legislative and international obligations outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has a responsibility to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess this information and issue an Australian AD if necessary. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are not subject to public consultation or a Regulatory Impact Statement. The issuance and cancellation of ADs, such as the recent cancellation of AD/HU 269/47 for Schweizer (Hughes) 269 series Helicopters, are managed by CASA within the stipulated legislative and international frameworks.
Key Provisions
The key sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) are section 98 of the Act, which empowers the Governor-General to make regulations for the Act's purposes and the safety of air navigation, and regulation 39.001 of the Regulations, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901 (subsection 39.001(5)). The State of Design has overarching responsibility for an aircraft type’s continuing airworthiness under Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to ensure this airworthiness, with ADs being a common means of disseminating this information (Annex 8). The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, and when a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD (Annex 8).
The obligations imposed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 on the parties governed by these provisions are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design has the obligation to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction (Annex 8). CASA, as Australia’s national airworthiness authority, has the obligation to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design (Annex 8). CASA must also ensure that the cancellation of an AD, such as Australian AD/HU 269/47, is appropriately communicated and becomes effective in accordance with Australian obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 do not explicitly state offences, penalties, or civil/criminal consequences for breaches of ADs. However, non-compliance with ADs could potentially lead to safety violations under the Civil Aviation Act 1988, which could result in enforcement actions by CASA. Such actions could include fines, suspension or revocation of certificates, or other regulatory actions as deemed necessary to ensure safety. The severity of these consequences would depend on the nature and extent of the non-compliance. Specific maximum penalties for breaches of ADs are not detailed in the text, but could be inferred from the penalties associated with general safety violations under the Act.