CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD/S-62/2 Amdt 2 affecting Sikorsky Model S-62 aircraft in 1990. USA is the State of Design for this type, but did not take similar action. Because an S-62 is about to return to the Australian register, CASA has reviewed all applicable ADs for the type. In assessing this AD, CASA has concluded that the unsafe condition which existed in 1990 still exists. Hence, CASA has issued Australian AD/S-62/2, Amendment 3, which will become effective on 14 April 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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 safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs, as disallowable instruments, are considered legislative instruments under the Legislative Instruments Act 2003. In alignment with international standards, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when necessary to comply with international obligations and maintain safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. The Act applies to aircraft and aeronautical products, and its jurisdictional reach extends nationally as Australia’s obligations under the Convention on International Civil Aviation are reflected in these regulations. The ADs issued under these provisions are legislative instruments and are aimed at maintaining the continuing airworthiness of aircraft, with CASA assessing and, if necessary, issuing Australian ADs in response to ADs from the State of Design. The application of these directives is mandatory for aircraft on the Australian register, and no public consultation is required for these ADs due to their international obligations and the specific circumstances of their issuance. This legislative framework ensures that safety standards are consistently applied to aircraft operating within Australian airspace.
Key Provisions
The key operative sections of this legislation, particularly sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998, empower the Governor-General and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments that aim to maintain the safety of air navigation. Section 39.001(5) of the Regulations specifies that ADs are disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament. The AD in question, AD/S-62/2 Amendment 3, was issued by CASA in response to an unsafe condition identified with the Sikorsky Model S-62 aircraft, a type registered in Australia.
The obligations imposed on the parties governed by this Act include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to appropriate States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
There are no explicit offences or penalties mentioned in this specific legislation concerning ADs. However, failure to comply with an AD can have serious consequences. Such non-compliance may result in the grounding of an aircraft, which can have severe operational, financial, and legal repercussions for the aircraft operator. The overarching framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provides a basis for enforcement actions, including administrative penalties, which can be imposed by CASA for non-compliance with airworthiness requirements. The maximum penalties for non-compliance with these regulations can be substantial, reflecting the critical nature of air safety.