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-76/38 affecting Sikorsky S-76 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/38. 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, Systems and New Technologies, 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the industry. This Act authorises the Governor-General to make regulations necessary for the safety of air navigation, as demonstrated in the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are legislative instruments subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The policy objective underpinning the creation of these regulations is to harmonise Australia's approach to aircraft airworthiness with international standards set forth by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the regulation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act empowers the Governor-General to create regulations that ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to the State of Registry. In this context, CASA, as Australia’s national airworthiness authority, must review information from the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. The scope of this legislation applies to all aircraft registered in Australia and the entities responsible for their maintenance and operation, ensuring compliance with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for the Act, specifically with an emphasis on the safety of air navigation. This power is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by this legislation are significant. The State of Design, which is the country where the aircraft is designed, has a primary responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type. This entails providing necessary information to the State of Registry, which is the country where the aircraft is registered, to maintain its airworthiness. CASA, acting as Australia's national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to ensure compliance with the safety standards.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the text for breaches of the ADs or the regulations. However, it is implied that failure to comply with the ADs could result in legal consequences under the Civil Aviation Act 1988, potentially leading to enforcement actions by CASA. Given that the ADs are legislative instruments, non-compliance could attract the penalties stipulated under the relevant legislative framework for failing to comply with regulations.
In summary, the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to maintain the safety of air navigation, with the State of Design and State of Registry bearing responsibilities for ensuring the continuing airworthiness of aircraft. The cancellation of Australian AD/S-76/38, as described in the text, demonstrates the practical application of these provisions, with CASA assessing and acting on international directives to ensure compliance with safety standards.