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 369/74 affecting McDonnell Douglas (Hughes) 369 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/HU 369/74. 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 provide for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act authorises the Governor-General to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 establishing the framework for issuing airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. This regulatory approach aligns with the international standards set out in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations as a Contracting State. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, tasked with assessing and implementing ADs issued by the State of Design, and ensuring the safety standards are met within the Australian Register. The Act was introduced to address the need for a comprehensive and internationally compliant framework to manage the safety and airworthiness of aircraft in Australia.
Scope and Application
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The scope of these directives extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Registry under Annex 8 of the Convention on International Civil Aviation. The ADs are mandated when a State of Design issues safety directives, requiring CASA to assess and, if necessary, implement corresponding Australian ADs. The authority to issue these directives is exercised by designated personnel within CASA, ensuring that the directives comply with the statutory framework. The cancellation of an existing AD, such as Australian AD/HU 369/74 affecting McDonnell Douglas (Hughes) 369 series Helicopters, is made without public consultation due to Australia’s international obligations, and such actions do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act's purposes, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are categorised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these legislative provisions, CASA, as Australia’s national airworthiness authority, is mandated to evaluate any airworthiness directives issued by the State of Design, particularly when these pertain to aircraft on the Australian Register. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the ongoing airworthiness of an aircraft type and must supply necessary information to ensure this airworthiness. The State of Registry, which is the state where the individual aircraft is registered, is responsible for the aircraft's ongoing airworthiness and must develop or adopt requirements to ensure this.
In relation to a specific instance, AD/HU 369/74, issued by CASA or its predecessors for McDonnell Douglas (Hughes) 369 series helicopters, has been assessed and subsequently cancelled by CASA. This cancellation is effective from 4 June 2009, and it is noted that no replacement AD is required as the unsafe condition no longer exists. This cancellation is a result of Australia's commitments under the Convention on International Civil Aviation, and thus no public consultation or Regulatory Impact Statement has been required for this action. The directive was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.