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 269/84 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/84. 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, establishes the legal framework for the safety and regulation of civil aviation in Australia. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) under section 98, which allows the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the processes and responsibilities, with regulation 39.001 authorising the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The cancellation of an Australian AD, such as AD/HU 269/84 for Schweizer (Hughes) 269 series Helicopters, is a procedural measure taken by CASA when an unsafe condition no longer exists, reflecting Australia’s commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. An AD is considered a legislative instrument under subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The issuance of ADs aligns with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. Consequently, when the State of Design issues an AD, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The specific AD/HU 269/84 concerning Schweizer (Hughes) 269 series Helicopters, issued by CASA or its predecessors, has been assessed and subsequently cancelled by CASA effective 7 May 2009, as the unsafe condition no longer exists. This cancellation was made in accordance with Australia’s international obligations and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the same regulations specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, and thus, by section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments. This legislative framework ensures that airworthiness directives are legally enforceable.
The obligations under these provisions are twofold. Firstly, the State of Design, which is the country where the aircraft is originally designed, has the primary responsibility under Annex 8 to the Convention on International Civil Aviation for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered and must ensure the aircraft's continuing airworthiness. Secondly, the State of Registry, in this case CASA, is responsible for assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the requirements set forth in an AD can result in serious consequences. Section 52 of the Civil Aviation Act 1988 imposes penalties for breaches of the Act, which can include fines and imprisonment. In addition, CASA may impose further administrative penalties under the Civil Aviation Regulations. Specifically, operating an aircraft that does not comply with an AD can result in CASA taking enforcement actions, which may include grounding the aircraft until it complies with the AD. These measures are in place to ensure that all aircraft in Australian airspace maintain the highest safety standards.