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 369/42 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/42. The cancellation will become effective on 4 June 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 Parliament of Australia, addresses the need for regulations to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations under section 98, which are integral to maintaining safety standards in civil aviation. Complementing the Act, the Civil Aviation Safety Regulations 1998 outline specific procedures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The regulations also clarify that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs to enforce the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and oversight under the Legislative Instruments Act 2003. The issuing of ADs is also in compliance with Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft registered within its jurisdiction. This means that when a State of Design issues an AD for an aircraft type on the Australian Register, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD. In the specific case of the McDonnell Douglas (Hughes) 369 series Helicopters, CASA issued and subsequently cancelled AD/HU 369/42, effective from 4 June 2009, due to the resolution of the unsafe condition identified, thus no replacement AD is required. The AD cancellation is a direct result of Australia's international obligations and did not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations to ensure the safety of air navigation. This regulatory framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific types of aircraft or aeronautical products, ensuring that they meet the necessary safety standards. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing any necessary information to ensure that the aircraft type remains airworthy. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia’s national airworthiness authority, is obligated to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
An example of this process is seen in AD/HU 369/42, which was issued by CASA concerning McDonnell Douglas (Hughes) 369 series Helicopters. After thorough assessment, CASA decided to cancel this AD, as the unsafe condition it was addressing no longer existed. This cancellation took effect on 4 June 2009, and no replacement AD was required. Given that the cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public regarding this matter. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was executed 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. This provision underscores the stringent regulatory processes in place to ensure that airworthiness directives are issued and managed in a manner that prioritises safety and compliance with international standards.