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 205/32 affecting Bell 205 helicopters in 1976. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia. This Act, passed by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under section 98, the Governor-General has the authority to make regulations to support the objectives of the Act, which are primarily centred on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these objectives by delegating the responsibility to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are intended to maintain the safety and airworthiness of aircraft, in accordance with Australia's obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft remain safe and airworthy throughout their operational life, in line with international standards and practices.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs) within Australia. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must furnish necessary information to States of Registry, who are tasked with ensuring the ongoing airworthiness of registered aircraft. The cancellation of AD/BELL 205/32, affecting Bell 205 helicopters, exemplifies the application of this regulatory framework, where CASA, acting in accordance with international obligations, has determined that no further action is required following the review of existing directives. This process underscores the importance of international cooperation in civil aviation safety, and while ADs are subject to disallowance, they do not require a Regulatory Impact Statement, reflecting their specific regulatory context.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as critical tools for maintaining the safety and airworthiness of aircraft. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred around ensuring the safety and continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing any necessary information to the appropriate States of Registry to ensure the aircraft's airworthiness. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft under its jurisdiction. These requirements are implemented through the issuance of ADs, which are the most common form of continuing airworthiness information.
Failing to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. While specific penalties for non-compliance with ADs are not detailed in the provided text, it is reasonable to infer that breaches of these regulations could result in enforcement actions by CASA. Such actions may include fines, penalties, or other regulatory measures designed to ensure compliance with safety standards. The severity of these penalties would depend on the nature and extent of the breach, but they are intended to uphold the highest standards of aviation safety.
The process for issuing ADs, including the cancellation of existing directives, is governed by the statutory authority of CASA. In this instance, CASA issued AD/BELL 205/32 for Bell 205 helicopters in 1976, but has since reviewed and cancelled this directive. The cancellation, effective from 19 November 2009, is a result of Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Act.