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 269/69 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/69. 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 is foundational legislation in Australia governing the regulation and safety of civil aviation, enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to create regulations under section 98 for these purposes. 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, as disallowable instruments under the Acts Interpretation Act 1901, are legislative instruments that align with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for continuing airworthiness and mandates information sharing with States of Registry. In this context, CASA, as Australia's national airworthiness authority, assesses and, when necessary, issues Australian ADs to enforce these requirements, ensuring compliance with international obligations and maintaining the safety of aircraft within Australia's jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, as well as oversight under the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. Consequently, when an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, is obligated to evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the original directive. The application of these regulations is extensive, encompassing all entities and individuals involved in the operation and maintenance of aircraft registered in Australia, thereby ensuring adherence to safety standards both domestically and internationally.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for air navigation safety, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The State of Design of an aircraft type has the overarching responsibility for its continuing airworthiness, as per Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to ensure the type's airworthiness to appropriate States of Registry. The State of Registry of an individual aircraft is accountable for its continuing airworthiness and must establish requirements to ensure this, in line with Annex 8.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to evaluate any airworthiness directives issued by a State of Design against a type of aircraft on the Australian Register. If deemed appropriate, CASA must issue an Australian AD to enforce the requirements of the State of Design. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register. These regulations ensure that the continuing airworthiness of aircraft is maintained and that safety is prioritised in accordance with international standards.
Failure to comply with airworthiness directives or the regulations set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal consequences, depending on the severity of the breach. Penalties for non-compliance with these regulations may include fines, imprisonment, or both. However, specific penalties are not mentioned in the provided text. It is essential for parties and entities governed by these regulations to adhere to the requirements to avoid potential legal repercussions.
In the case of AD/HU 269/69, which affected Schweizer (Hughes) 269 series helicopters, CASA assessed the AD and subsequently cancelled Australian AD/HU 269/69 due to Australia's obligations under the Convention on International Civil Aviation. The cancellation became effective on 7 May 2009, and no replacement AD was required as the unsafe condition no longer existed. The Office of Best Practice Regulation determined that ADs do not necessitate a Regulatory Impact Statement, and no consultation with the Australian public took place on this AD cancellation. The AD was 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.