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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 205/22 affecting Bell 205 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 2009. No replacement AD is required.
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 by the Australian Parliament to ensure the safety of air navigation and to provide a framework for the regulation of civil aviation within Australia. The Act enables the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) to address issues that could potentially compromise the safety of aircraft. The Civil Aviation Safety Regulations 1998, which are subordinate legislation made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that Australian aviation maintains international safety standards as per the Convention on International Civil Aviation, particularly focusing on the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. The cancellation of an existing AD, such as AD/BELL 205/22 for Bell 205 aircraft, is made in accordance with these legislative frameworks and reflects Australia’s commitment to international obligations and domestic safety standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the safety of air navigation. This legislative framework is designed to uphold the continuing airworthiness of aircraft, in line with the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. In turn, the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. In Australia, CASA has the authority to issue these ADs, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory approach allows CASA to manage the safety standards of aviation within the country, in accordance with international obligations and domestic safety requirements.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation (Safety) Regulations 1998, includes specific provisions concerning the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products (sections 98 and 39.001). These ADs are considered legislative instruments under the Legislative Instruments Act 2003, which means they carry formal legal weight and are subject to specific legislative processes (section 6).
These airworthiness directives are essential for maintaining the safety and airworthiness of aircraft. They are typically issued by the State of Design, which has the overarching responsibility for the continuing airworthiness of aircraft types according to Annex 8 of the Convention on International Civil Aviation (Annex 8). The State of Registry, which is the country where an individual aircraft is registered, also plays a crucial role in ensuring the ongoing airworthiness of the aircraft within its jurisdiction (Annex 8). Consequently, these directives are a common method of communication for continuing airworthiness information among ICAO Contracting States.
In accordance with Australia’s obligations under the Convention on International Civil Aviation, CASA or its predecessors had previously issued AD/BELL 205/22, which pertained to Bell 205 aircraft. However, due to the need to align with international obligations, CASA has reviewed and subsequently cancelled this AD. The cancellation will take effect on 9 April 2009, and no replacement AD is required (Annex 8). Given that this cancellation is in response to international obligations, there has been no consultation with the Australian public on this matter. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Under the Act, 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). This underscores the regulatory framework within which CASA operates and the formal process involved in the issuance and cancellation of such directives. The act of issuing and cancelling an AD is a formal legal process, which ensures that safety standards are consistently upheld across the aviation industry in Australia.