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 369/52 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/52. 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, 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 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. Under this Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority, as Australia’s national airworthiness authority, plays a crucial role in assessing and implementing ADs issued by the State of Design, ensuring compliance with international obligations and maintaining the safety standards of aircraft registered in Australia. The AD/HU 369/52 concerning McDonnell Douglas (Hughes) 369 series Helicopters, initially issued by CASA, has been cancelled following an assessment, with the cancellation reflecting the resolution of the previously identified unsafe condition.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby mandating compliance with safety standards. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft, aligning with the obligations set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in turn, must ensure the continuing airworthiness of aircraft through its own requirements or adopted regulations. In Australia, CASA, as the national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs where necessary. The application of this legislation is therefore broad, encompassing all aircraft and aeronautical products registered in Australia, and extends to the issuance, assessment, and enforcement of airworthiness directives to ensure compliance with safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as per section 6 of the Legislative Instruments Act 2003, they are legislative instruments.
These regulations impose specific obligations on CASA. As Australia's national airworthiness authority, CASA must assess information from the State of Design—the country where the aircraft type was designed—to ensure that the continuing airworthiness of aircraft is maintained. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements of an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines, and potentially criminal charges if the non-compliance results in an aviation accident or incident. The exact penalties can vary depending on the severity of the offence, but they can include significant financial penalties and imprisonment for individuals found guilty of criminal charges.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing and cancelling ADs. For example, CASA has assessed and subsequently cancelled Australian AD/HU 369/52 for McDonnell Douglas (Hughes) 369 series Helicopters, which will become effective on 4 June 2009. This cancellation was due to the unsafe condition no longer existing. Importantly, because ADs are considered legislative instruments and the cancellation was in line with Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was 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.