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 206/100 affecting Agusta Bell 206 helicopters in 1985. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to establish a comprehensive framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. In line with this legislative mandate, the Civil Aviation Safety Regulations 1998 were formulated to further the overarching goals of the Act, particularly through the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The primary objective of these regulations is to maintain and enhance the safety standards of air navigation within Australia, aligning with international obligations under the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, CASA has the authority to issue airworthiness directives concerning specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these entities. The authority to issue such directives is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, with the understanding that these directives are considered legislative instruments under the Acts Interpretation Act 1901. The cancellation of AD/BELL 206/100 for Agusta Bell 206 helicopters, effective from 19 November 2009, exemplifies the application of these regulatory provisions. This cancellation was undertaken in adherence to Australia's international obligations and did not require consultation with the public or a Regulatory Impact Statement. The decision to cancel the directive was executed by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly through regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft and are critical instruments in maintaining safety standards in the aviation industry. The ADs, as legislative instruments, fall under the purview of the Legislative Instruments Act 2003 and are intended to align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is Australia in this context, is responsible for the day-to-day maintenance of airworthiness for individual aircraft. This regulatory framework applies to all aircraft registered in Australia, thereby impacting both operators and manufacturers within the aviation sector. The geographic reach of these regulations is national, with a strong emphasis on compliance with international standards to ensure the safety of air navigation throughout the Commonwealth. The application of these regulations is comprehensive, with specific ADs being issued, reviewed, and potentially cancelled based on evolving safety standards and international obligations.
Key Provisions
Under the Civil Aviation Act 1988, section 98 authorises the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to maintain or restore the airworthiness of aircraft, which is crucial for ensuring the safety of air travel. Section 39.001(5) of these regulations identifies ADs as disallowable instruments, meaning they can be annulled by Parliament, and they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to issue ADs that align with international standards and the safety protocols outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design is primarily responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which, in turn, must establish or adopt requirements to ensure that individual aircraft remain airworthy. In the case of the Agusta Bell 206 helicopters, CASA issued AD/BELL 206/100 in 1985, but it has since been reviewed and cancelled, effective 19 November 2009, due to Australia's obligations under the Convention on International Civil Aviation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. CASA, as the regulatory body, has the authority to enforce these regulations and may take action against entities that do not comply with ADs. While the specific penalties for non-compliance are not detailed in the explanatory statement, they could include fines, suspension of operations, or other regulatory measures. Given the critical nature of airworthiness directives, the stakes for non-compliance are high, potentially impacting the safety and legality of air travel within Australia.