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 205/9 affecting Bell 205A 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 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 Parliament of Australia, aims to ensure the safety of air navigation within the country. One of its provisions allows the Governor-General to make regulations in the interest of aviation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Acts Interpretation Act 1901 and serve as a critical component for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives and has the authority to cancel them, as demonstrated in the case of AD/BELL 205/9 concerning Bell 205A aircraft, which has been cancelled effective 12 March 2009. The cancellation was made in accordance with Australia’s international obligations and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the entity responsible for such directives under regulation 39.001. These ADs are legislative instruments that serve as a critical mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products. The Act applies to the State of Registry, which is responsible for the ongoing airworthiness of specific aircraft registered within Australia. This regulatory framework ensures compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to maintain airworthiness. The geographic reach of these regulations is national, encompassing all aircraft registered in Australia, and they adhere to international obligations under the Convention. The Act does not specify exclusions or exemptions, but the application can be extended or restricted through subordinate instruments as necessary. The cancellation of a specific AD, such as AD/BELL 205/9 affecting Bell 205A aircraft, demonstrates adherence to these international obligations without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 98, Civil Aviation Act 1988; regulation 39.001, Civil Aviation Safety Regulations 1998). An AD is a disallowable instrument and, therefore, a legislative instrument (subregulation 39.001(5), Civil Aviation Safety Regulations 1998; section 46A, Acts Interpretation Act 1901; section 6, 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 continuing airworthiness of an aircraft type, while the State of Registry ensures the individual aircraft's continuing airworthiness. CASA issued AD/BELL 205/9 concerning Bell 205A aircraft, which has since been cancelled, effective from 12 March 2009, without the need for a replacement AD.
Entities governed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. Specifically, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, which includes compliance with relevant ADs. The State of Design must provide necessary information to maintain the airworthiness of aircraft types. The cancellation of AD/BELL 205/9 means that any requirements previously stipulated in that directive no longer apply to Bell 205A aircraft from the effective date of cancellation.
The Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs. However, non-compliance with ADs may lead to broader regulatory actions, including potential enforcement measures under the Civil Aviation Act 1988. Failure to adhere to an AD may result in the grounding of an aircraft or the prohibition of flight operations until compliance is achieved. Such actions are taken to ensure the safety of air navigation, as mandated by the Act. The absence of a specific penalty in the regulations suggests that the primary enforcement mechanism is the regulatory authority's ability to mandate compliance directly.