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 269/81 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/81. 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 was enacted to ensure the safety of air navigation and establish the legal framework governing civil aviation in Australia. This Act empowers the Governor-General to make regulations that safeguard the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which serves as Australia’s national airworthiness authority. ADs are legislative instruments that ensure the continuing airworthiness of aircraft types, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in civil aviation, reflecting international best practices. This specific legislative instrument cancels an existing AD for Schweizer (Hughes) 269 series Helicopters, effective from 7 May 2009, as the unsafe condition addressed by the original AD no longer exists.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). These regulations apply to all aircraft registered in Australia, thereby encompassing the obligations of the State of Registry to ensure the continuing airworthiness of these aircraft. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is responsible for assessing any ADs issued by the State of Design of an aircraft type and, if necessary, issuing corresponding Australian ADs. This process ensures that any safety concerns identified by the State of Design are appropriately addressed in Australia. The ADs are considered legislative instruments, and their issuance and cancellation are subject to the legislative processes outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In specific cases, such as the cancellation of AD/HU 269/81 for Schweizer (Hughes) 269 series Helicopters, CASA has determined that no public consultation or Regulatory Impact Statement is required, given the obligations under the Convention on International Civil Aviation and the resolution of the identified unsafe condition.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly section 98, provide the authority for the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and thus they are legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties governed by them include ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type has the overarching responsibility for the continuing airworthiness of that type, and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the airworthiness of the aircraft it registers. When a State of Design issues an AD, the corresponding national airworthiness authority, such as CASA, must evaluate this information and, if appropriate, issue an AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose civil and criminal consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for non-compliance are determined by the courts, taking into account the gravity of the offence and the intent behind the violation. CASA has the authority to enforce these penalties, ensuring that all stakeholders adhere to the airworthiness requirements established through ADs.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and enforcement of airworthiness directives. These directives are critical for maintaining the safety and airworthiness of aircraft, with significant consequences for non-compliance. The roles and responsibilities of the States of Design and Registry are clearly defined, ensuring a coordinated approach to aviation safety. The legislative process and the authority of CASA to issue and enforce ADs are also clearly outlined, providing a robust mechanism for aviation safety regulation.