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-76/55 Amendment 1 affecting Sikorsky S-76 series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/55 Amendment 1. 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 Australian Parliament, serves as a foundational piece of legislation governing civil aviation safety within Australia. One of the key mechanisms through which the Act seeks to ensure the safety of air navigation is via the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 provide the regulatory framework under which CASA can issue these directives, which are critical for maintaining the continuing airworthiness of aircraft. The enactment of this legislation addresses the need for a structured and internationally compliant approach to aviation safety, ensuring that Australian regulations align with international standards set by the Convention on International Civil Aviation. The policy objective is to uphold the highest standards of safety in civil aviation, protecting both the public and aviation personnel by mandating necessary safety measures and actions when required.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. This authority applies to the types of aircraft or aeronautical products specified under regulation 39.001 of the Regulations, thereby affecting aviation entities, aircraft operators, and manufacturers within Australia. An AD is a legislative instrument under the Acts Interpretation Act 1901 and is subject to disallowance as outlined in section 46A. The scope of these directives is mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to the States of Registry, including Australia. CASA, as the national airworthiness authority, must assess this information and issue corresponding Australian ADs when necessary. The AD in question, concerning the Sikorsky S-76 series Helicopters, has been cancelled effective 2 July 2009 due to the resolution of the unsafe condition, and no replacement AD is required. The issuance and cancellation of such ADs are conducted in accordance with the statutory provisions, ensuring compliance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation, and must provide any necessary information to the State of Registry to ensure the continued airworthiness of a type. Conversely, the State of Registry, in this case CASA for Australia, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. When a 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 enforce the State of Design’s requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include the assessment and potential issuance of Australian ADs when required by a State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained according to international standards. The obligations extend to ensuring the safety and airworthiness of aircraft operating within Australian airspace, which is critical to public safety and the integrity of the aviation system. Furthermore, CASA is tasked with monitoring and responding to international ADs, cancelling any ADs when the unsafe condition they address no longer exists, as demonstrated by the cancellation of AD/S-76/55 Amendment 1 for Sikorsky S-76 series helicopters, effective from 2 July 2009.
Under the Civil Aviation Safety Regulations 1998, there are specific consequences for non-compliance with ADs. Operators who fail to comply with an AD can face serious civil or criminal penalties. The severity of these penalties depends on the nature of the non-compliance and the impact on aviation safety. In civil terms, CASA can issue fines, suspend or revoke air operator certificates, and take other enforcement actions to ensure compliance. Criminally, serious non-compliance with ADs can result in prosecution, with potential penalties including fines and imprisonment. The specific maximum penalties are not detailed in the given text but would typically be outlined in other sections of the Civil Aviation Act 1988 and associated regulations.