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 369/73 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/73. 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing issues related to safety, efficiency, and the orderly development of aviation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as demonstrated in the Civil Aviation Safety Regulations 1998. Under section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are considered legislative instruments. These ADs are essential for ensuring the continuing airworthiness of aircraft and are mandated by Australia's obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to align with international standards and ensure the highest level of safety in civil aviation, reflecting Australia's commitment to global air safety protocols.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, mandating compliance with safety standards that are critical for the continuing airworthiness of aircraft registered in Australia. Such directives are issued in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, is obligated to assess international ADs and, when necessary, issue corresponding Australian ADs to enforce the required safety measures. This legislative framework ensures that the safety regulations are uniformly applied across the Commonwealth of Australia, thereby safeguarding the aviation industry and the public. The ADs are legislative instruments, subject to disallowance and review as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, with the authority to issue and cancel these directives vested in CASA.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument.
These airworthiness directives are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to maintain the airworthiness of an aircraft type, while the State of Registry must implement or adopt the requirements necessary for maintaining airworthiness. In Australia, CASA assumes the role of the national airworthiness authority and is required to assess any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce these requirements.
CASA has issued and subsequently cancelled AD/HU 369/73 for McDonnell Douglas (Hughes) 369 series Helicopters. This cancellation, effective as of 4 June 2009, was made due to Australia’s obligations under the Convention on International Civil Aviation, indicating that the unsafe condition addressed by the AD no longer exists. No replacement AD is required as a result of this cancellation. Given that this AD was cancelled under international obligations, there was no requirement for public consultation or the preparation of a Regulatory Impact Statement.
The cancellation of the AD was carried out by the Manager Systems and New Technologies within CASA’s Airworthiness Engineering Group, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This process underscores CASA's commitment to adhering to international standards and ensuring the safety and airworthiness of aircraft operating in Australia. The AD cancellation reflects CASA’s proactive approach to managing aviation safety and compliance with international aviation safety protocols.