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-62/5 Amdt 1 in 1970 to correct an unsafe situation on Sikorsky S-62 helicopter. 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 which resulted in AD/S-62/5 Amdt 1 no longer exists. Hence, CASA has cancelled AD/S-62/5 Amdt 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 - Airframes, 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 provide a legislative framework governing civil aviation in Australia, addressing the need for a cohesive and comprehensive legal structure to ensure the safety, efficiency, and orderly growth of civil aviation. This Act, enacted by the Australian Parliament, aims to establish and maintain standards for the safety of air navigation and the airworthiness of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of safety, as evidenced by the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation (Airworthiness) Amendment Regulations 2005, specifically the cancellation of AD/S-62/5 Amdt 1, exemplify the Act’s function in responding to specific safety concerns by aligning with international standards and practices set forth in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, applies to the regulation of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and the Civil Aviation Safety Authority (CASA) has the responsibility to issue ADs for specific types of aircraft or aeronautical products. ADs serve as legislative instruments, mandating compliance with airworthiness requirements established by the State of Design and enforced by the State of Registry, with CASA acting as Australia’s national airworthiness authority. This Act and its regulations apply to all aircraft registered in Australia and to aeronautical products manufactured or maintained within Australia. The geographic reach of the Act extends nationally, with CASA's authority covering all aspects of airworthiness in Australia. The application of the Act is not restricted by state or territory boundaries, thereby ensuring a unified approach to aviation safety across the country. The cancellation of AD/S-62/5 Amdt 1 exemplifies the authority of CASA to amend or withdraw ADs when it is determined that the initial safety concerns no longer exist. The cancellation process follows the statutory requirements set out in the Civil Aviation Act 1988, reflecting the legislative framework that governs the regulation and enforcement of airworthiness directives within Australia.
Key Provisions
The key provision of this legislation is found in subsection 84A(2) of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to cancel an airworthiness directive (AD) when it is deemed no longer necessary. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that CASA can issue ADs for specific types of aircraft or aeronautical products. These directives, including their equivalents, are a standard form of continuing airworthiness information issued by International Civil Aviation Organization (ICAO) Contracting States. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument as per the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties such as CASA and States of Design are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, such as the United States for the Sikorsky S-62 helicopter, has the responsibility to provide any necessary information to ensure the airworthiness of an aircraft type, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry. CASA, as Australia’s national airworthiness authority, must review and assess information from the State of Design and issue an Australian AD if appropriate.
In terms of consequences for breach, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for the failure to comply with airworthiness directives. However, non-compliance with an AD could potentially lead to safety issues, which may result in regulatory action against the aircraft operator or manufacturer. The authority to cancel an AD, as exercised by CASA in this instance, is a measure to ensure that outdated or unnecessary directives do not unduly burden the aviation industry while maintaining a focus on safety and compliance. The cancellation of AD/S-62/5 Amdt 1, for example, reflects CASA's assessment that the previously identified unsafe condition no longer exists.