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 205/53 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, enacted to regulate civil aviation in Australia, provides the authority for the creation of safety regulations, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further establish the framework under which the Civil Aviation Safety Authority (CASA) can issue ADs to ensure the safety and airworthiness of aircraft. The problem this legislation addresses is the need to maintain consistent and high safety standards in the Australian civil aviation sector, in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament, with a policy objective to ensure the safety and efficiency of civil aviation in Australia. CASA, acting under the authority of the Act, issued an AD for Bell 205 aircraft, but subsequently reviewed and cancelled it, effective 9 April 2009, without the need for public consultation due to the nature of the AD and the international obligations that necessitated its cancellation.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific kinds of aircraft or aeronautical products, with the overarching objective of ensuring the safety of air navigation. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they are issued in accordance with Australia’s international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type holds responsibility for the continuing airworthiness of that type and must provide necessary information to the State of Registry, which is responsible for ensuring the individual aircraft’s airworthiness. The issuance, amendment, or cancellation of an AD, such as AD/BELL 205/53 for Bell 205 aircraft, is executed by CASA officials within their respective authorities and is not subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations to further this goal. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type. This responsibility includes providing necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. Airworthiness directives are the most common means of communicating continuing airworthiness information, and they are issued by most ICAO Contracting States, including Australia. The State of Registry, which is the country where the aircraft is registered, is responsible for ensuring the ongoing airworthiness of individual aircraft. Under Annex 8, the State of Registry must establish or adopt requirements to maintain the airworthiness of aircraft.
CASA, or its predecessors, issued an airworthiness directive (AD/BELL 205/53) affecting Bell 205 aircraft. Following a review, CASA has decided to cancel this directive. The cancellation will take effect on 9 April 2009. Importantly, no replacement AD is required as a result of this cancellation. The decision to cancel this AD is in line with Australia's obligations under the Convention on International Civil Aviation, and therefore, no public consultation on the AD cancellation has been conducted. Furthermore, the Office of Best Practice Regulation has determined that airworthiness directives do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, CASA has the authority to issue airworthiness directives to ensure the safety of air navigation. Section 84A(2) of the Act allows CASA to delegate the power to issue ADs to authorised officers. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA issued this AD cancellation in accordance with this authority. The AD cancellation reflects Australia's commitment to international civil aviation standards and the ongoing airworthiness of aircraft operating within Australian airspace. 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.
The AD cancellation also reflects the importance of ensuring the safety of air navigation and the ongoing airworthiness of aircraft in Australia. The decision to cancel AD/BELL 205/53 was made in accordance with Australia's obligations under the Convention on International Civil Aviation and the Civil Aviation Safety Regulations 1998. The cancellation will become effective on 9 April 2009, and no replacement AD is required. This decision highlights the commitment of CASA and the Australian government to ensuring the safety of air navigation and the ongoing airworthiness of aircraft operating within Australian airspace.