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 369/59 Amendment 1 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/59 Amendment 1. 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 Commonwealth Parliament, serves as a fundamental piece of legislation governing civil aviation in Australia. It provides the framework for ensuring the safety and efficiency of civil aviation activities within Australia. The Act was designed to address the need for a comprehensive regulatory regime to oversee the safety of air navigation and the continuing airworthiness of aircraft. One of the key mechanisms established by the Act is the ability for the Governor-General to make regulations that support the Act's objectives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail these objectives and provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments, aim to mandate specific safety measures for aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The policy objective is to ensure the continuing airworthiness of aircraft and to protect public safety in the domain of civil aviation.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, covering various aspects of aviation safety and operations, including the issuance of airworthiness directives. Under section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic scope of the Act is national, as CASA operates as Australia's national airworthiness authority. The Act mandates that the State of Registry, in this case CASA, ensures the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Key Provisions
Under the Civil Aviation Act 1988, and specifically section 98, the Governor-General has the authority to establish regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA to assess airworthiness directives issued by the State of Design and to determine whether they should be implemented in Australia. The State of Design holds responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to ensure the continuing airworthiness of the aircraft type to States of Registry, such as Australia. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. Consequently, when a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaching the obligations or requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil or criminal consequences, depending on the severity and intent of the breach. For instance, non-compliance with airworthiness directives could result in the grounding of an aircraft, leading to significant financial and operational repercussions for the aircraft operator. Additionally, CASA has the authority to impose administrative penalties, such as fines, and may pursue legal action against individuals or entities that fail to comply with the regulations. The maximum penalties for breaches can vary widely, depending on the specific nature of the violation and the discretion of the court.