CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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 Australian Department of Civil Aviation issued AD/S-62/1 in 1967 to correct an unsafe situation on Sikorsky S-62 helicopters. The United States, which is the State of Design for this type, did not take similar action. CASA has reviewed all ADs affecting S-62 helicopters and as a result of the review has determined that the unsafe condition no longer exists and cancelled AD/S-62/1. The cancellation will become effective 14 April 2005.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act provides the authority for the creation of regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the procedures for issuing airworthiness directives (ADs) for aircraft and aeronautical products. These directives are legislative instruments that aim to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs based on the requirements of the State of Design, which is responsible for the overall airworthiness of an aircraft type, and to ensure compliance with these directives by the States of Registry. The policy objective underpinning the Act is to safeguard the public by maintaining high standards of safety in civil aviation, both domestically and in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and its subordinate Civil Aviation Regulations 1998, as amended, apply to all aircraft and aeronautical products within Australia, ensuring adherence to safety standards for air navigation. The Act empowers the Governor-General to enact regulations in the interests of safety, while the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations is broad, affecting all entities involved in the design, manufacture, registration, and operation of aircraft within Australia. However, international aspects are also considered, as the State of Design retains responsibility for continuing airworthiness, with the State of Registry implementing necessary measures. Notably, the Civil Aviation Act 1988 allows for the cancellation of ADs, such as the AD/S-62/1 issued in 1967 for Sikorsky S-62 helicopters, which was subsequently cancelled by CASA on 14 April 2005 after reviewing the ongoing safety conditions.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as relevant to the cancellation of airworthiness directives, include section 98 which allows the Governor-General to make regulations for the Act's purposes, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Specifically, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and regulations on the parties involved are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, as mentioned in Annex 8 to the Convention on International Civil Aviation, is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. In turn, the State of Registry, such as CASA in Australia, must assess this information and, if necessary, issue an Australian AD to ensure the aircraft meet the required safety standards. CASA's role is to evaluate the information provided by the State of Design and determine whether an AD is necessary for the aircraft on the Australian Register.
In terms of offences, penalties, and consequences for breaches, the Act does not explicitly outline specific criminal or civil penalties for non-compliance with airworthiness directives. However, the failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft, denial of entry into Australian airspace, and possibly civil or criminal liabilities under other sections of the Civil Aviation Act 1988. For instance, non-compliance could lead to charges under section 84A, which pertains to the authority and responsibilities of CASA, and may incur fines or imprisonment depending on the severity of the breach. The specific penalties would be determined in accordance with the general provisions of the Act and relevant regulations.