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 205/33 affecting Bell 205 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 March 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 Acting Manager, Airframes 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 Commonwealth Parliament, establishes the legal framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products to maintain safety standards. One such AD, AD/BELL 205/33, concerning Bell 205 aircraft, has been reviewed and subsequently cancelled by CASA. This cancellation is a direct consequence of Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. The cancellation of the AD, effective from 12 March 2009, does not require a replacement directive and was made without public consultation as per the determination of the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Acting Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the framework under which airworthiness directives (ADs) are issued by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft registered in Australia, as well as any aeronautical products within the nation's jurisdiction. The ADs are legislative instruments that serve to maintain the safety and airworthiness of aircraft, in compliance with international standards set by the Convention on International Civil Aviation. The State of Design and the State of Registry both play crucial roles in ensuring the continued safety of aircraft types, with CASA being the regulatory body responsible for issuing and cancelling these directives. The specific AD/BELL 205/33 for Bell 205 aircraft, issued by CASA, has been cancelled due to Australia’s international obligations, rendering consultation with the public and a Regulatory Impact Statement unnecessary. This directive was made by the Acting Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, and the cancellation is effective from 12 March 2009, with no replacement AD required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the safety of air navigation. One such regulation is regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003.
The obligations under these provisions are primarily concerned with ensuring the ongoing airworthiness of aircraft. The State of Design, typically the manufacturer, has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as the regulatory authority, issues ADs to enforce these requirements. For instance, CASA has issued and subsequently cancelled AD/BELL 205/33 affecting Bell 205 aircraft, with the cancellation taking effect from 12 March 2009.
The issuance and enforcement of ADs are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. Instead, ADs are issued by CASA in accordance with the legislative authority granted by the Civil Aviation Act 1988. Any failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations. Additionally, CASA has the authority to issue infringement notices for breaches of ADs, which can incur fines of up to $6,600 for individuals and $33,000 for corporations. In cases of serious non-compliance, CASA may also pursue criminal charges, which can result in fines of up to $550,000 and imprisonment for up to 5 years for individuals, and $2.75 million and imprisonment for up to 10 years for corporations.