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/R22/21 Amendment 2 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, enacted by the Australian Parliament, addresses the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. This legislation empowers the Governor-General to make regulations under section 98, which are instrumental in maintaining aviation safety standards. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The purpose of ADs is to ensure the continuing airworthiness of aircraft, aligning with international standards under the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type's airworthiness. This recent cancellation of a particular AD affecting Robinson R22 helicopters reflects Australia's adherence to these international obligations, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and fall under the purview of the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA has the authority to issue, review, and cancel such ADs as necessary, reflecting Australia's obligations under international civil aviation conventions. The cancellation of a specific AD, such as AD/R22/21 Amendment 2 for Robinson R22 helicopters, is made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA and does not require public consultation or a Regulatory Impact Statement, given the specific nature of the instrument and its alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. These regulations are designed to maintain high safety standards in the aviation sector. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are essentially legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation adheres to the provisions of the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft. This includes the responsibility to issue ADs for specific aircraft types, such as the Robinson R22 helicopters, as demonstrated in AD/R22/21 Amendment 2. However, due to obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, CASA has the duty to ensure that these requirements are met. Furthermore, the State of Registry, in this case, Australia, is responsible for the individual aircraft's ongoing airworthiness and must develop or adopt necessary requirements to fulfil this obligation.
CASA has the responsibility to review and, if necessary, cancel ADs, as seen in the cancellation of AD/R22/21 Amendment 2. This particular AD was cancelled due to Australia's obligations under the Convention on International Civil Aviation and will become effective on 7 May 2009. No replacement AD is deemed necessary following this cancellation. It is important to note that no public consultation was required for this AD cancellation as it pertains to international obligations, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The issuing of these ADs and their cancellation is overseen by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group. This is in accordance with subsection 84A(2) of the Act, ensuring that all actions taken are within the legal framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These provisions ensure that CASA's actions are both compliant with national legislation and aligned with international aviation safety standards.