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-76/53 affecting Sikorsky S-76A and S-76B series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/53. 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, enacted by the Australian Parliament, aims to provide for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, specifically for the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were introduced to further regulate the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. In accordance with international obligations under the Convention on International Civil Aviation, CASA is mandated to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia, thereby aligning with the responsibilities of the State of Registry and the State of Design.
In a specific instance, CASA issued and subsequently cancelled Australian AD/S-76/53, which affected Sikorsky S-76A and S-76B series Helicopters. The cancellation of this AD, which took effect on 2 July 2009, was due to the unsafe condition no longer existing, and no replacement AD was required. Given that this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was undertaken. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was authorised by the Manager, Airframe and Structures, within CASA's Airworthiness Engineering Group, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types and to the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs in response to ADs issued by States of Design affecting aircraft registered in Australia. This process ensures compliance with international standards and the safety requirements pertinent to Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation (sections 98 and 39.001). According to regulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. ADs are a crucial form of continuing airworthiness information issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Registry, such as CASA in Australia, has the responsibility to ensure the continuing airworthiness of individual aircraft. This means that when the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For instance, CASA issued and subsequently cancelled Australian AD/S-76/53 for Sikorsky S-76A and S-76B series Helicopters, as the unsafe condition no longer existed. This cancellation took effect on 2 July 2009, and no replacement AD was required.
These regulations impose obligations on both the State of Design and the State of Registry to ensure that continuing airworthiness information is shared and acted upon appropriately. Specifically, the State of Design must provide necessary information to maintain airworthiness, while the State of Registry must implement these requirements for aircraft registered within its jurisdiction. Additionally, CASA, as the national airworthiness authority in Australia, must assess the ADs issued by the State of Design and issue corresponding Australian ADs as necessary.
There are consequences for non-compliance with the ADs. While the specific offences and penalties are not detailed in the provided text, it can be inferred that failure to comply with an AD could lead to safety issues, which could result in civil or criminal liability under the Civil Aviation Act 1988. The exact penalties would depend on the nature and severity of the non-compliance, but they could include fines or imprisonment. The regulations also note that since ADs do not require a Regulatory Impact Statement, no consultation with the Australian public was necessary for this AD cancellation.