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 206/119 Amdt 1 affecting Bell 206 and Agusta-Bell 206 helicopters in 1990. 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 Parliament of Australia, serves as the foundational legislation for the regulation of civil aviation in Australia. This Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation, as well as the continuing airworthiness of aircraft. Under section 98 of the Act, CASA is empowered to issue regulations, including airworthiness directives (ADs), to maintain safety standards in line with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that require the State of Registry to ensure the airworthiness of individual aircraft, while the State of Design retains responsibility for the continuing airworthiness of aircraft types. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing ADs. In this context, CASA has issued an airworthiness directive for Bell 206 and Agusta-Bell 206 helicopters, which has subsequently been cancelled effective 19 November 2009, reflecting Australia’s adherence to international obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft as per the requirements laid out in Annex 8 to the Convention on International Civil Aviation, with the State of Design having the primary responsibility for airworthiness information and the State of Registry being responsible for implementing these requirements. The issuance of ADs is a common practice among ICAO Contracting States, including Australia, to maintain the safety and airworthiness standards of aircraft within their jurisdiction. Given the international nature of aviation, these directives are integral to harmonising safety standards and ensuring compliance with global aviation regulations.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows the Governor-General to issue regulations that are necessary for the safety of air navigation (section 98). Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of the specified aircraft types. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under this legislative framework, CASA has the responsibility to issue ADs to ensure the continuing airworthiness of aircraft within Australia. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to States of Registry. Conversely, the State of Registry, which in Australia's case is CASA, is tasked with developing or adopting requirements to ensure that individual aircraft remain airworthy.
In a specific instance, CASA issued AD/BELL 206/119 Amdt 1 in 1990 for Bell 206 and Agusta-Bell 206 helicopters. Following a review, CASA determined that this AD should be cancelled, a decision that will take effect on 19 November 2009. Importantly, no replacement AD is required due to Australia's obligations under the Convention on International Civil Aviation. Given this context, no public consultation was conducted regarding the cancellation of this AD, and the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The cancellation of AD/BELL 206/119 Amdt 1 was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. This process underscores CASA’s commitment to ensuring the safety of air navigation while adhering to international obligations and regulatory standards. Any breach of these regulatory provisions could result in significant legal consequences, including potential civil or criminal penalties, depending on the severity of the non-compliance.