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 269/64 Amendment 1 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/64 Amendment 1. 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, enacted to establish a regulatory framework for civil aviation in Australia, empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative structure is designed to uphold the safety standards mandated by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. As a legislative instrument, an AD is subject to disallowance, reflecting its significance in maintaining aviation safety.
In accordance with Annex 8 of the Convention, the State of Design bears primary responsibility for the ongoing airworthiness of aircraft types and must furnish necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must evaluate such information and, if necessary, issue corresponding Australian ADs. In a specific instance, CASA cancelled Australian AD/HU 269/64 Amendment 1 concerning Schweizer (Hughes) 269 series Helicopters due to the resolution of the unsafe condition identified. Given the international obligations under the Convention, no public consultation was conducted on this cancellation, and the Office of Best Practice Regulation determined that no Regulatory Impact Statement was necessary. The cancellation took effect on 7 May 2009, with no replacement AD required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft, a responsibility that extends to the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, evaluates information from the State of Design and, when necessary, issues Australian ADs to enforce the requirements established by the State of Design. The authority to issue such ADs is grounded in the legislative framework, making them disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. This regulatory mechanism is designed to maintain safety standards in civil aviation, ensuring that aircraft meet necessary safety criteria by enforcing compliance with ADs as required.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, which includes the issuance of ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Act imposes specific obligations on CASA, as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information to determine if an Australian AD is necessary. If the unsafe condition identified by the AD affects aircraft registered in Australia, CASA must issue a corresponding Australian AD to mandate the required safety measures. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards.
Non-compliance with ADs can result in serious consequences. If an operator fails to comply with the requirements set out in an AD, they may face regulatory action under the Civil Aviation Act 1988. The severity of the penalty depends on the nature and extent of the non-compliance. Civil penalties can include fines, and in severe cases, criminal charges may be brought against the operator or responsible individuals. These penalties are designed to enforce the safety standards necessary to protect the public and ensure the safe operation of aircraft in Australian airspace.