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 269/79 Amendment 1 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/79 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 by the Commonwealth Parliament, serves to establish a comprehensive framework for civil aviation safety and regulation in Australia. This Act was introduced to address the need for stringent safety standards and regulatory oversight in the aviation industry, ensuring that air travel is conducted in a manner that protects public safety and national interests. A significant aspect of this legislation is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to align Australia's aviation safety practices with global standards, thereby ensuring the safety of air navigation and the welfare of passengers and crew.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs reflect the responsibilities of the State of Design and State of Registry, with CASA assessing international ADs and issuing corresponding Australian directives when necessary. The process of issuing and cancelling ADs is conducted by CASA’s Airworthiness Engineering Group, ensuring that any unsafe conditions identified are addressed effectively, as demonstrated in the case of the cancellation of AD/HU 269/79 Amendment 1 for Schweizer (Hughes) 269 series helicopters due to the resolution of the unsafe condition.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework within which the Civil Aviation Safety Regulations 1998 operate. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, a power that has been exercised to allow for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs concerning particular types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations placed upon parties governed by these regulations are substantial. The State of Design, which is responsible for the initial airworthiness of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of that type, as stipulated by Annex 8 to the Convention on International Civil Aviation. In turn, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of that aircraft. CASA, as Australia’s national airworthiness authority, has the responsibility to assess any ADs issued by the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft remain airworthy in accordance with international standards.
Breaching the requirements set out in the ADs can result in serious legal consequences. The Civil Aviation Act 1988 provides for various civil and criminal penalties for non-compliance. For example, failure to comply with an AD can result in civil penalties, including fines. The maximum penalties for certain offences under the Act can be significant, depending on the nature and severity of the breach. Additionally, criminal penalties can be imposed for serious violations, which may include imprisonment. The seriousness of these penalties underscores the importance of adhering to the ADs to ensure the safety of air navigation.
In the case of AD/HU 269/79 Amendment 1 affecting Schweizer (Hughes) 269 series Helicopters, CASA has determined that the unsafe condition that prompted the AD has been resolved, and the AD has been cancelled. This cancellation reflects Australia’s commitment to international obligations under the Convention on International Civil Aviation, and no public consultation was necessary. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The cancellation of this AD, effective from 7 May 2009, signifies that no further action is required from the affected parties, as the unsafe condition no longer exists. This decision 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.