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-76/58 affecting Sikorsky S-76A, S-76-B and S76-C series Helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/S-76/58. 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 for the safety, efficiency, and orderly development of civil aviation in Australia, including the regulation of air navigation safety. Under section 98 of the Act, the Governor-General is empowered to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 governing the issuance of airworthiness directives (ADs). An AD is a legislative instrument, subject to disallowance and prepared in accordance with the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, issues ADs to mandate the continuing airworthiness of aircraft types on the Australian Register, in compliance with international standards under the Convention on International Civil Aviation. The recent cancellation of Australian AD/S-76/58 for Sikorsky S-76A, S-76-B, and S76-C series helicopters reflects CASA's assessment that the unsafe condition no longer exists, thereby fulfilling Australia's international obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are essential for ensuring the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, which is the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to ensure its airworthiness to the State of Registry, which in Australia is CASA. This responsibility is underpinned by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Registry must adopt requirements to ensure the continuing airworthiness of aircraft. CASA is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. For example, CASA previously issued and subsequently cancelled AD/S-76/58 for Sikorsky S-76A, S-76-B, and S-76-C series helicopters, as the unsafe condition no longer exists. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs can mandate safety requirements for specific types of aircraft or aeronautical products. The authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988, which allows for regulations to be made for the safety of air navigation. Furthermore, section 39.001(5) classifies ADs as disallowable instruments, thereby recognising their status as legislative instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations on the parties involved, particularly CASA and the State of Registry, are substantial. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian ADs to ensure compliance with international safety standards. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations are rooted in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry the responsibility for the individual aircraft.
Failure to comply with the requirements set forth in ADs can result in serious consequences. While the specific penalties are not detailed in the text, non-compliance with ADs generally carries the risk of severe civil or criminal penalties. Such penalties could include fines, imprisonment, or other regulatory actions deemed necessary to enforce compliance with aviation safety standards. The seriousness of these potential consequences underscores the critical nature of adhering to airworthiness directives.
The process by which ADs are issued and subsequently cancelled is also noteworthy. The text outlines that CASA assessed and subsequently cancelled Australian AD/S-76/58 for Sikorsky S-76A, S-76-B, and S76-C series helicopters, effective from 2 July 2009. This cancellation was due to the resolution of the unsafe condition previously identified. Notably, this action was taken in accordance with Australia's international obligations under the Convention on International Civil Aviation, and thus no consultation with the Australian public or Regulatory Impact Statement was required. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, as per subsection 84A(2) of the Civil Aviation Act 1988.