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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/R22/11 affecting Robinson R22 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 7 May 2009. No replacement AD is required.
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 is a foundational piece of legislation in Australia designed to ensure the safety and efficiency of civil aviation. This Act empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Specifically, the Act provides CASA with the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The cancellation of AD/R22/11 concerning Robinson R22 helicopters, effective from 7 May 2009, reflects CASA's adherence to these international obligations and its commitment to ensuring the safety and reliability of the aviation sector. This action was taken by CASA without public consultation, as mandated by the Office of Best Practice Regulation, which has determined that such directives do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to any person or entity involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance providers, and other aviation stakeholders. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives are legislative instruments that must comply with the Legislative Instruments Act 2003. The Act and its associated regulations cover both Commonwealth and state jurisdictions, ensuring a consistent approach to civil aviation safety across Australia. Importantly, ADs are issued in accordance with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and State of Registry share responsibilities for the continuing airworthiness of aircraft. While the Act and its subordinate regulations provide a comprehensive framework, certain exclusions or exemptions may apply depending on specific circumstances or other legislative provisions.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring 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) for specified types of aircraft or aeronautical products. This regulatory framework is designed to maintain high safety standards in the aviation sector by ensuring that aircraft meet certain airworthiness criteria. Importantly, under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901, and thus, as per the Legislative Instruments Act 2003, an AD is considered a legislative instrument.
In compliance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and is required to furnish any necessary information to ensure the continued airworthiness of the type to the appropriate States of Registry. ADs serve as the predominant form of continuing airworthiness information and are issued by most ICAO Contracting States. Furthermore, the State of Registry of an individual aircraft must ensure the continuing airworthiness of that aircraft, and under Annex 8, must develop or adopt requisite requirements to maintain airworthiness. CASA or its predecessors had issued AD/R22/11 concerning Robinson R22 helicopters, which has since been reviewed and subsequently cancelled. This cancellation, effective from 7 May 2009, does not necessitate a replacement AD.
The issuance and cancellation of ADs are not subject to public consultation due to Australia’s obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, made this AD cancellation in accordance with subsection 84A(2) of the Act. Given the technical and safety-critical nature of ADs, their issuance and subsequent cancellation are closely regulated to ensure that they do not compromise aviation safety.
In terms of the obligations and requirements imposed by the Act, CASA must ensure that all ADs are issued in the interest of maintaining airworthiness and safety. Aircraft operators and owners are required to comply with all ADs issued under the Civil Aviation Safety Regulations 1998, which may include modifications, inspections, and other actions to ensure that the aircraft remains airworthy. Failure to comply with an AD can result in severe consequences. Under section 276 of the Civil Aviation Act 1988, any person who contravenes an AD is liable for a penalty. The penalties for breaching an AD can be substantial. For instance, under section 276, an individual can be fined up to 5,000 penalty units or a corporation up to 25,000 penalty units. In addition to financial penalties, non-compliance with ADs can lead to criminal charges and, in severe cases, to imprisonment. CASA has the authority to take enforcement actions, which can include grounding non-compliant aircraft until the required actions are taken to bring them into compliance.