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 269/76 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/76. 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 Parliament of Australia, establishes the legislative framework for ensuring the safety of civil aviation within Australia. The Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation, thereby addressing the need for a robust legal structure to oversee civil aviation activities and mitigate potential risks to public safety. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as crucial instruments in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs are intended to ensure that aircraft meet the necessary safety standards and are fit for operation, thereby directly contributing to the overarching policy objective of enhancing aviation safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered disallowable instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework applies to all aircraft registered in Australia and to the entities responsible for their airworthiness, such as aircraft manufacturers (State of Design) and aircraft operators (State of Registry). Internationally, these ADs align with Annex 8 of the Convention on International Civil Aviation, ensuring a standardised approach to airworthiness across ICAO Contracting States. Any AD issued by the State of Design concerning aircraft on the Australian Register must be assessed by CASA, which may then issue its own AD to enforce the required safety measures. This process ensures that the safety standards mandated by international conventions are implemented and enforced within the Australian jurisdiction.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically authorises the issuance of ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties or entities they govern are primarily focused on ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry. The States of Registry, in turn, are tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft on their register. For Australian registered aircraft, the Civil Aviation Safety Authority (CASA) must assess any relevant ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs to address safety concerns related to specific types of aircraft. In this instance, CASA issued AD/HU 269/76 concerning Schweizer (Hughes) 269 series helicopters. After assessment, CASA has decided to cancel AD/HU 269/76, effective from 7 May 2009, as the unsafe condition has been resolved. The cancellation of this AD is in accordance with Australia's obligations under the Convention on International Civil Aviation, and therefore, no public consultation or Regulatory Impact Statement was required.
There are potential civil and criminal consequences for breaches of the Civil Aviation Safety Regulations 1998. While the specific penalties are not detailed in the explanatory statement, the Act and the Regulations may provide for fines and imprisonment for serious breaches that compromise the safety of air navigation. It is essential for entities governed by the Act and the Regulations to comply with the ADs and other safety requirements to avoid any legal repercussions.