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-76/52 affecting Sikorsky S-76A series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/52. 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 legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The policy objective of the Act is to uphold the highest standards of safety and efficiency in the Australian aviation industry, reflecting international best practices.
The cancellation of Australian AD/S-76/52 for Sikorsky S-76A series Helicopters exemplifies the Act's application in practice. CASA, Australia’s national airworthiness authority, assessed the information provided by the State of Design and concluded that the unsafe condition no longer existed, leading to the cancellation of the directive effective from 2 July 2009. This action was taken in accordance with the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, without the need for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. Under the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance. The ADs are primarily influenced by the requirements of the International Civil Aviation Organization (ICAO), with the State of Design having the overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry being responsible for the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, assesses the information from ADs issued by the State of Design and issues Australian ADs if necessary. The issuance and cancellation of these ADs are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation and are managed without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily focus on the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the aircraft's airworthiness in other States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of that aircraft. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In the case of the Sikorsky S-76A series Helicopters, the AD/S-76/52 was issued and subsequently cancelled by CASA due to the unsafe condition no longer existing. This cancellation will take effect on 2 July 2009. As this AD cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required. The AD was 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.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA to assess ADs issued by the State of Design and to issue Australian ADs where necessary to ensure compliance with airworthiness requirements. These regulations also require the State of Registry to develop or adopt requirements for the continuing airworthiness of aircraft registered in their state. Failure to comply with ADs can result in severe consequences, including the potential for grounding aircraft that do not meet the required safety standards. CASA has the authority to enforce compliance through various measures, including grounding non-compliant aircraft and imposing penalties on operators who fail to adhere to ADs. The specific penalties for non-compliance can vary, but they may include fines and other regulatory actions that aim to ensure the safety and airworthiness of aircraft operating in Australian airspace.