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 205/36 affecting Bell 205A-1 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, 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, enacted by the Commonwealth Parliament, addresses the overarching framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 providing detailed operational guidance. Specifically, regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments subject to disallowance, as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft types and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation. The responsibility for issuing ADs and ensuring compliance lies with CASA, as demonstrated by the issuance and subsequent cancellation of AD/BELL 205/36 for Bell 205A-1 aircraft, reflecting Australia's commitment to international obligations and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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 to ensure the safety of air navigation. These ADs serve as legislative instruments, as they fall under the purview of the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The scope of these regulations applies to all aircraft registered in Australia and to entities responsible for their airworthiness, such as aircraft manufacturers and operators. The application of these directives is not limited to Australia's national jurisdiction but aligns with the standards set by the International Civil Aviation Organization (ICAO) to ensure global uniformity in airworthiness standards. While the ADs are integral to ensuring continuing airworthiness, they do not necessitate public consultation or a Regulatory Impact Statement due to their technical nature and the specific obligations under international conventions. The issuance and cancellation of ADs are carried out by CASA, reflecting its role as the regulatory authority for civil aviation safety in Australia.
Key Provisions
The main operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products (r 39.001). Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 also clarifies that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument (s 6 of the Legislative Instruments Act 2003).
The obligations and requirements imposed by the Act on parties and entities it governs include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, providing necessary information to the appropriate States of Registry (Annex 8 to the Convention on International Civil Aviation). The State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft (Annex 8). CASA, in its capacity as the regulator, issues ADs to enforce these obligations, as seen in the case of the AD/BELL 205/36 which was subsequently cancelled due to Australia's obligations under the Convention on International Civil Aviation.
The legislation also outlines the consequences for non-compliance with the ADs. While the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that failure to comply with an AD could lead to significant civil or criminal penalties, as ADs are a critical component of maintaining airworthiness and safety in aviation. CASA's role in issuing and cancelling ADs underscores the importance of adhering to these directives to ensure safety standards are met. The cancellation of AD/BELL 205/36, which will become effective on 12 March 2009, without the need for a replacement AD, highlights the dynamic nature of airworthiness requirements and the regulatory process.