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, 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 or its predecessors issued AD/S-76/28 affecting Sikorsky S-76 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/28. The cancellation will become effective on
2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, Airframe 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, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. One critical aspect of this framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. Under these regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure that these meet safety standards. The ADs serve as a mechanism for the continuing airworthiness of aircraft, a responsibility that falls under the purview of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In the instance of Sikorsky S-76 series helicopters, CASA has issued and subsequently cancelled AD/S-76/28, reflecting the resolution of an unsafe condition identified previously. This action was taken in accordance with Australia's obligations under international conventions and has been executed by CASA without public consultation or the requirement of a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation within Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments as per the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs aim to maintain the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the airworthiness of aircraft types, and the State of Registry must implement measures to maintain airworthiness for individual aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs as necessary. The ADs are a critical tool in this process, ensuring compliance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), these directives are considered disallowable instruments, which means they must adhere to the requirements of the Legislative Instruments Act 2003.
The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry. The State of Design, typically the country where the aircraft was designed, is tasked with providing necessary information to ensure the airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. If a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the safety requirements.
In the context of this particular legislative instrument, CASA has issued AD/S-76/28 affecting Sikorsky S-76 series Helicopters. Following a thorough assessment, CASA has decided to cancel this directive, effective from 2 July 2009. This cancellation was made because the unsafe condition that prompted the AD no longer exists, thus rendering a replacement AD unnecessary. Importantly, no consultation with the Australian public was required for this cancellation, as determined by the Office of Best Practice Regulation, which also found that a Regulatory Impact Statement was not needed.
The AD was issued by the Manager, Airframe and Structures, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This provision ensures that the ADs are issued with the appropriate authority and oversight, reflecting CASA's commitment to maintaining the highest standards of aviation safety in Australia.