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 206/101 Amdt 1 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a robust legal structure to ensure safety and efficiency in the industry. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further delineate the procedures for issuing ADs, which are legislative instruments as per the Legislative Instruments Act 2003. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The policy objective is to ensure that aircraft remain in a safe and airworthy condition throughout their operational life, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework for civil aviation in Australia, delegating authority to the Civil Aviation Safety Authority (CASA) for the implementation and enforcement of safety regulations. The Act applies to all aircraft, aeronautical products, and associated operations within Australia, ensuring compliance with national and international safety standards. Specifically, the Civil Aviation Safety Regulations 1998, made under the Act, empower CASA to issue airworthiness directives (ADs) to maintain the safety of aircraft types. ADs are legislative instruments subject to disallowance and apply to all aircraft registered in Australia, irrespective of the aircraft's country of manufacture. The ADs ensure that the State of Registry, in this case Australia, meets its obligations under international conventions such as the Convention on International Civil Aviation. Notably, the ADs can be amended or cancelled based on evolving safety requirements or international obligations, as evidenced by the cancellation of AD/BELL 206/101 Amdt 1 for Agusta Bell 206 helicopters. The scope and application of these regulations are further extended through subordinate instruments and may include exclusions or exemptions as deemed necessary by CASA.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in the document, allow the Governor-General to make regulations for the safety of air navigation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they serve as a form of continuing airworthiness information as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these sections and regulations are primarily on CASA, which is responsible for issuing and managing airworthiness directives. The State of Design has a responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. These roles are designed to ensure that aircraft remain safe and airworthy throughout their operational life. CASA must review and, if necessary, cancel outdated or unnecessary ADs, as demonstrated by the cancellation of AD/BELL 206/101 Amdt 1.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences, penalties, or consequences for non-compliance with airworthiness directives. However, failure to comply with an AD can lead to serious safety issues and potential legal consequences. CASA may take enforcement actions against operators who do not adhere to airworthiness directives, which could include fines, suspension or revocation of airworthiness certificates, or other regulatory measures. Such actions are intended to ensure that all aircraft remain in a safe and airworthy condition, thus upholding the overarching goal of aviation safety.