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/R22/35 Amdt 1 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, Airframes 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 a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One of its key provisions is the authority granted to the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The cancellation of AD/R22/35 Amdt 1 for Robinson R22 helicopters by CASA, effective 7 May 2009, reflects Australia's commitment to international obligations under the Convention on International Civil Aviation, specifically the responsibility of the State of Registry for the continuing airworthiness of individual aircraft. This legislative action underscores the balance between national safety regulations and international aviation standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in the interests of ensuring the safety of air navigation. This legislation applies to all aircraft and aeronautical products operating within Australia, with CASA responsible for issuing ADs for specified types of aircraft. Each AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design must ensure continuing airworthiness by providing necessary information, while the State of Registry is responsible for implementing these requirements at the national level. The cancellation of AD/R22/35 Amdt 1 for Robinson R22 helicopters, effective from 7 May 2009, was a decision made by CASA based on international obligations, and thus no public consultation or Regulatory Impact Statement was required. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Act.
Key Provisions
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) as stipulated in regulation 39.001 (paragraph 1). These directives serve to ensure the safety of air navigation and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (paragraph 2). Specifically, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 (paragraph 3). This legislative framework aligns with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry (paragraph 4). The State of Registry, in turn, is obligated to develop or adopt requirements to maintain the airworthiness of individual aircraft (paragraph 5).
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties such as CASA and States of Registry are significant. CASA, as the regulatory authority, must issue ADs to address safety concerns and ensure compliance with international standards (paragraph 6). The State of Design must provide essential information to the State of Registry to support the maintenance of airworthiness (paragraph 7). Conversely, the State of Registry is required to implement measures to guarantee the continuing airworthiness of aircraft registered within its jurisdiction (paragraph 8). These obligations underscore the shared responsibility between the State of Design and the State of Registry in upholding the highest safety standards in civil aviation.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various consequences. Although specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance could lead to regulatory action, fines, or other sanctions (paragraph 9). The severity of penalties would depend on the nature and extent of the breach, aligning with general legal principles applicable to regulatory violations in Australia (paragraph 10). Given the critical nature of airworthiness directives, failure to adhere to these regulations could compromise the safety of air navigation, potentially leading to severe civil or criminal penalties (paragraph 11).