CIVIL AVIATION ACT 1988
CIVIL AVIATION 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.
Transport Canada has issued AD CF-2005-10 affecting Bell Helicopter Textron Canada Model 206 helicopters. Canada is the State of Design for this types. CASA has assessed this AD and has issued Australian AD/BELL 206/158, which will become effective on 16 June 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of civil aviation in Australia. One significant aspect of this Act is its delegation of authority to the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Act is complemented by the Civil Aviation Regulations 1998, which provide the framework within which airworthiness directives (ADs) can be issued. The issuance of ADs is a crucial mechanism to ensure the continuing airworthiness of aircraft types, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments issued under the authority of the Civil Aviation Safety Authority (CASA), and are essential for maintaining safety standards as set forth by the State of Design and the State of Registry. This legislative framework ensures that Australia can effectively manage and mandate the safety requirements for aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type, and mandates the provision of necessary information to the State of Registry to ensure such airworthiness. In cases where an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements. Exemptions and thresholds for ADs are determined on a case-by-case basis, as they are subject to the specific safety concerns and regulatory standards outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on CASA and the State of Registry are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of that type to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, in response to Transport Canada's AD CF-2005-10 affecting Bell Helicopter Textron Canada Model 206 helicopters, CASA has issued Australian AD/BELL 206/158, effective from 16 June 2005.
The Civil Aviation Act 1988 and associated regulations also set out the legal consequences for non-compliance with ADs. While the specifics of these consequences are not detailed in the provided text, generally, failure to comply with an AD can result in severe penalties under civil and criminal law. Such penalties may include fines, imprisonment, or other sanctions as prescribed by the relevant aviation safety legislation. The exact penalties can vary depending on the severity of the breach and the specific provisions of the Act and the Regulations.
It is also important to note that ADs, such as the Australian AD/BELL 2005-10, are issued in accordance with international obligations and are typically not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in compliance with subsection 84A(2) of the Act.