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 269/93 affecting Schweizer (Hughes) 269 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 269/93. 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, Airframe and Structures, 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, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. This legislation provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a crucial mechanism for maintaining the safety standards of aircraft registered in Australia, aligning with the international obligations set out in Annex 8 to the Convention on International Civil Aviation. Under this framework, CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs to address safety concerns identified by the State of Design or other relevant authorities. The AD/HU 269/93, originally issued for Schweizer (Hughes) 269 series helicopters, was subsequently cancelled by CASA due to the resolution of the unsafe condition, demonstrating the regulatory body's responsiveness to safety issues and its commitment to ensuring the highest safety standards in the aviation industry.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish the framework for the regulation of civil aviation in Australia, particularly focusing on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and may issue corresponding Australian ADs to enforce the required safety measures. This regulatory framework ensures that the safety of air navigation is maintained by aligning with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act, the Governor-General is empowered to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments according to section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations centre on ensuring the continuing airworthiness of aircraft. The State of Design, typically the manufacturer of the aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA acting on behalf of Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. If a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The Civil Aviation Safety Regulations also outline the procedures for dealing with ADs, such as the issuance, amendment, or cancellation of directives. For instance, in the case of AD/HU 269/93 affecting Schweizer (Hughes) 269 series Helicopters, CASA assessed the directive and decided to cancel it, effective from 7 May 2009, due to the resolution of the unsafe condition it addressed. This cancellation was a result of Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Regarding consequences for breaches, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs within the provided text. However, non-compliance with ADs can lead to serious safety risks and potential enforcement actions by CASA, which may include fines, operational restrictions, or other regulatory measures. The overarching aim of these provisions is to ensure the safety of air navigation by mandating compliance with airworthiness directives issued by CASA.