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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/BELL 206/10 affecting Bell 206A model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. No replacement AD is required, as the unsafe condition no longer exists.
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, 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 Australian Parliament, governs the safety and regulation of civil aviation within Australia. This Act provides the legal framework for ensuring that civil aviation activities are conducted safely and efficiently. The Civil Aviation Safety Regulations 1998 were introduced under the authority of this Act to further refine the regulations governing airworthiness and safety. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. The policy objective of these regulations is to ensure the highest standards of safety in civil aviation, in line with Australia's obligations under the Convention on International Civil Aviation. The issuance and cancellation of airworthiness directives are pivotal in fulfilling these safety objectives, reflecting the dynamic nature of aviation safety standards and the need for timely regulatory responses.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under 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, aimed at ensuring the safety of air navigation. These ADs are legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, such as Australia, to ensure compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess this information and issue Australian ADs when necessary to mandate specific requirements. This process was exemplified by the issuance and subsequent cancellation of AD/BELL 206/10 for Bell 206A model aircraft, which was cancelled on 23 October 2008 due to the resolution of the unsafe condition, without the need for a Regulatory Impact Statement or public consultation. The AD was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the purposes of the Act and the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by these provisions include the State of Design's responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, which entails providing necessary information to appropriate States of Registry. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. In the specific case of AD/BELL 206/10, which affected Bell 206A model aircraft, CASA has assessed the AD and decided to cancel it. This cancellation reflects the fact that the unsafe condition identified in the AD no longer exists.
There are no public consultation requirements for ADs under the current legislation, as determined by the Office of Best Practice Regulation, which also found that ADs do not necessitate a Regulatory Impact Statement. The AD was created by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. As for any potential breaches, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs. However, non-compliance with ADs could potentially result in civil or criminal penalties under other sections of the Civil Aviation Act 1988 or related legislation, depending on the severity and nature of the non-compliance.