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-76/46 affecting Sikorsky S-76A and S-76B series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/46. 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, enacted by the Parliament of Australia, addresses the overarching framework for the regulation of civil aviation within the country. The Act aims to ensure the safety and efficiency of civil aviation in Australia, aligning with international standards set by the Convention on International Civil Aviation. One of the critical provisions of this Act is the ability for the Governor-General to make regulations, as seen under section 98, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, which are subordinate legislation made under this Act, further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate corrective actions to address safety issues in aircraft or aeronautical products, as per regulation 39.001. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, ensuring that Australian-registered aircraft meet the necessary safety standards as per international obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. The Act applies to all aircraft and aeronautical products within the Australian jurisdiction, with CASA having the authority to issue ADs under regulation 39.001 for specific types of aircraft. These ADs serve as legislative instruments and are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. In the case of Australian registered aircraft, CASA assesses information from the State of Design and, if necessary, issues corresponding Australian ADs. The AD/S-76/46, affecting Sikorsky S-76A and S-76B series helicopters, was cancelled by CASA on 2 July 2009 as the unsafe condition it was addressing no longer existed, without the need for a replacement directive. This cancellation reflects Australia’s commitment to international standards and does not require public consultation or a Regulatory Impact Statement as per the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that are essential for the safety of air navigation. Within this legislative framework, the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs serve as formal requirements designed to maintain the airworthiness of specific aircraft types. It is noteworthy that under subregulation 39.001(5), ADs are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901, and thus, they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the ongoing airworthiness of an aircraft type. This includes providing all necessary information to the States of Registry to support the continuing airworthiness of the aircraft type. As the State of Registry, Australia is tasked with developing or adopting requisite measures to ensure the ongoing airworthiness of aircraft registered within its territory. When an AD is issued by the State of Design concerning an aircraft type on the Australian Register, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has issued and subsequently cancelled AD/S-76/46, which originally targeted Sikorsky S-76A and S-76B series helicopters. This cancellation was executed because the unsafe condition identified by the directive no longer exists, and as such, no replacement AD is necessary. The cancellation became effective on 2 July 2009. Given that the AD was cancelled due to Australia's commitments under the Convention on International Civil Aviation, no consultation with the Australian public was conducted regarding this cancellation. Furthermore, the Office of Best Practice Regulation has established that ADs do not necessitate a Regulatory Impact Statement.
This AD was formulated by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act. The issuing of such directives is an integral part of CASA's mandate to ensure the safety and airworthiness of aircraft operating within Australian airspace.