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 206/124 Amendment 1 affecting Bell 206 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, 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 was enacted to provide for the regulation of civil aviation in Australia with a focus on safety and efficiency. This legislation established the framework under which the Civil Aviation Safety Authority (CASA) operates, enabling it to create regulations aimed at ensuring the safety of air navigation. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to ensure compliance with international standards. The Act empowers the Governor-General to make such regulations in the interests of safety, and these regulations are legislative instruments subject to disallowance under the Acts Interpretation Act 1901.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) under regulation 39.001, which serve as legislative instruments according to subregulation 39.001(5) and the Acts Interpretation Act 1901. These directives apply to specific types of aircraft or aeronautical products and are intended to ensure the safety of air navigation in Australia. The Civil Aviation Safety Authority (CASA) is mandated to issue such directives when necessary, following assessment of information from the State of Design, which has the overall responsibility for continuing airworthiness of an aircraft type. The State of Registry, being Australia in this context, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. The application of these regulations and directives is governed by international standards under Annex 8 to the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia and their operators, thereby encompassing a broad spectrum of the aviation industry, including commercial airlines, general aviation operators, and private aircraft owners. The geographic scope of the Act is national, ensuring compliance with safety standards across the entire country. The Act does not specify particular exclusions, exemptions, or thresholds but relies on the assessment of risks and safety requirements by CASA, which may extend or restrict the application through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to create regulations that serve the Act's purpose and ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design has overarching responsibility for an aircraft type's continuing airworthiness and must provide necessary information to ensure its safety to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The Civil Aviation Safety Authority, or its predecessors, issued AD/BELL 206/124 Amendment 1, which pertains to Bell 206 model aircraft. Following an assessment, CASA has decided to cancel this AD. The cancellation will take effect on 23 October 2008. No replacement AD is required, as the unsafe condition no longer exists. Because this AD has been cancelled in compliance with Australia's obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public about this AD cancellation. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD has been issued by the Manager, Systems and New Technologies, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This action underscores the importance of ensuring the safety and compliance of aviation standards in Australia.