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 269/66 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/66. 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 by the Australian Parliament, serves to regulate the aviation industry and ensure the safety of air navigation. The 1998 Civil Aviation Safety Regulations, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. In the context of Annex 8, the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of specific aircraft registered within its jurisdiction. The ADs issued by CASA are a direct response to international safety obligations, ensuring compliance with global standards. The enactment of this legislation addresses the need for a cohesive and internationally recognised framework to manage aircraft safety across borders, with CASA playing a crucial role in implementing and enforcing these safety measures.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These regulations empower CASA to mandate compliance with airworthiness standards for specified types of aircraft and aeronautical products. Each AD is a legislative instrument, subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The legislation applies to entities involved in the design and registry of aircraft, with CASA acting as the national airworthiness authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia. The ADs issued by CASA are in response to international obligations under the Convention on International Civil Aviation, particularly those concerning the State of Design's responsibility for the airworthiness of an aircraft type. The scope of these directives is nationwide, aligning with Australia's commitments to international civil aviation standards. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by authorised personnel within CASA, such as those in the Airworthiness Engineering Group, ensuring compliance with the legislative framework established under the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly in conjunction with regulation 39.001 of the Civil Aviation Safety Regulations 1998, enable the Governor-General to make regulations for the safety of air navigation, and provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This includes the power to issue such directives when deemed necessary to ensure the continuing airworthiness of an aircraft type. These ADs are considered legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by the Act on the parties it governs are multi-faceted. Firstly, the State of Design of an aircraft type bears the overall responsibility for its continuing airworthiness, as stipulated under Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to the appropriate State of Registry to ensure that the aircraft type maintains its airworthiness. In parallel, the State of Registry must establish or adopt requirements to ensure that individual aircraft remain airworthy. When an AD is issued by a State of Design against a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet the necessary safety standards as per international conventions.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the provided text for non-compliance with ADs or the failure to issue required ADs. However, the importance of adhering to these regulations is underscored by the overarching aim of ensuring air safety, and non-compliance could potentially result in severe legal ramifications under broader aviation safety laws. The text does indicate that ADs do not require a Regulatory Impact Statement, and as such, no consultation with the Australian public has taken place on this AD cancellation. The AD has been issued by the Manager Systems and New Technologies within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act, highlighting the procedural formality involved in issuing such directives.