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 369/18 affecting McDonnell Douglas (Hughes) 369 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/18. 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 regulate the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in the interests of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue such directives for specific types of aircraft or aeronautical products, thereby ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The legislative intent is to maintain the highest safety standards in air navigation by aligning with international obligations and ensuring that the continuing airworthiness of aircraft is managed effectively by both the State of Design and the State of Registry. CASA, acting on behalf of the Australian government, issued and subsequently cancelled AD/HU 369/18 for McDonnell Douglas (Hughes) 369 series helicopters, reflecting Australia's commitment to the Convention on International Civil Aviation. This action was taken without public consultation as mandated by the legislative framework, and no Regulatory Impact Statement was required by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the objective of 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 ADs for specific types of aircraft or aeronautical products. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they must comply with the obligations under Annex 8 to the Convention on International Civil Aviation. ADs are a common form of continuing airworthiness information issued by most ICAO Contracting States, and the State of Design is responsible for the ongoing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, has the responsibility to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. The application of this legislation pertains to entities involved in the design, registry, and operation of aircraft within Australia, ensuring they adhere to the prescribed safety standards. While no public consultation has been conducted in this instance due to Australia’s obligations under the Convention on International Civil Aviation, the process for issuing ADs is transparent and follows the regulatory requirements set forth in the relevant acts and regulations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Governor-General to create regulations that support the Act's objectives, particularly focusing on the safety of air navigation (section 98). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally recognised as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed upon parties by these provisions are multifaceted. Firstly, the State of Design, which is the country where the aircraft was originally designed, must ensure the ongoing airworthiness of the aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, is responsible for ensuring that the aircraft remains airworthy. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, must evaluate the AD and, if necessary, issue a corresponding Australian AD to enforce the requirements specified by the State of Design.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. Offences related to non-compliance with ADs can lead to both civil and criminal penalties. Under the Civil Aviation Act 1988, violations can attract civil penalties, which can be substantial depending on the severity and nature of the breach. Additionally, serious breaches may lead to criminal charges, which can result in fines and imprisonment. For instance, if an operator fails to comply with an AD, they could face fines of up to $275,000 for a corporation and $55,000 for an individual, along with potential imprisonment terms of up to five years for individuals and longer for corporations. The precise penalties are determined based on the specific circumstances of the breach and the extent of non-compliance.