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/SUPP/5 Amendment 1 affecting Air Equipment hoists P/No. 76370, 76370-010, -011, -020 and -030 fitted to helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/SUPP/5 Amendment 1. The cancellation will become effective on 9 April 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further specify the procedures for issuing ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. In line with international obligations under the Convention on International Civil Aviation, Australia’s State of Registry is responsible for ensuring the continuing airworthiness of aircraft, and must implement ADs issued by the State of Design. This regulatory mechanism facilitates the harmonisation of airworthiness standards across different jurisdictions, thereby enhancing global aviation safety.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products within Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and legislative scrutiny under the Legislative Instruments Act 2003. The ADs are designed to comply with Annex 8 of the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and providing necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs to mandate requirements from foreign ADs issued against aircraft registered in Australia. This legislative framework applies to aircraft and aeronautical products registered in Australia, as well as entities and individuals involved in the operation, maintenance, and manufacture of these aircraft.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 involved in the issuance of airworthiness directives (ADs) are section 98 (authorising the Governor-General to make regulations for the safety of air navigation) and regulation 39.001 (authorising CASA to issue ADs for kinds of aircraft or aeronautical products). According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These provisions ensure that ADs are formal and binding instruments issued under the authority of the Civil Aviation Act 1988 to maintain and ensure the continuing airworthiness of aircraft.
The obligations and requirements imposed by these sections on parties and entities governed by the Act are multifold. Firstly, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, as per Annex 8 of the Convention on International Civil Aviation. This includes issuing ADs to address any safety issues that may arise. Secondly, the State of Registry, in this case CASA, must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the foreign AD. This ensures that Australian-registered aircraft meet international safety standards.
There are specific civil and criminal consequences for non-compliance with ADs. Under regulation 39.004 of the Civil Aviation Safety Regulations 1998, an operator of an aircraft must comply with an AD, and failure to do so can result in civil penalties. The specific penalty for non-compliance is detailed in regulation 39.004(1), which states that the maximum penalty for an individual is $33,000 and for a body corporate is $165,000. Additionally, under section 239 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and may be subject to criminal penalties. The maximum penalty for an individual is $5,500 and for a body corporate is $27,500. These stringent penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.