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.
Transport Canada has issued CF-2005-28R1, affecting Bell 206 helicopters. Canada is the State of Design for these helicopters. As a result CASA has amended the equivalent Australian AD to AD/BELL 206/161 Amendment 1, which will become effective on 30 August 2007. This AD cancels and replaces the previous issue.
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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 a fundamental piece of legislation designed to regulate civil aviation and ensure the safety and efficiency of air navigation within Australia. One significant aspect of this Act is its provision for the creation of regulations that serve the interests of aviation safety, such as the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. The introduction of ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and their classification as disallowable instruments under section 46A of the Acts Interpretation Act 1901, underscores the legislative intent to harmonise with international standards set by the Convention on International Civil Aviation and to address any safety issues promptly and effectively. By aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8, the Act ensures that Australia meets its international obligations while safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to any person, entity, or aircraft within Australia's jurisdiction, particularly those involved in the operation, manufacture, and maintenance of aircraft. This Act and its associated regulations are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Specifically, under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight, as outlined in the Legislative Instruments Act 2003. The Act and its regulations extend to the entire Commonwealth of Australia, and their application is influenced by international obligations under the Convention on International Civil Aviation. For instance, in the case of Transport Canada's AD affecting Bell 206 helicopters, CASA issued a corresponding Australian AD, AD/BELL 206/161 Amendment 1, reflecting Australia's alignment with international standards and practices. It is noteworthy that these airworthiness directives are issued in response to international ADs from the State of Design, thereby limiting the need for public consultation and regulatory impact assessments as per the Office of Regulatory Review's guidelines.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be complied with by relevant parties.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as mandated under Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to the States of Registry, which, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft. In the case of Australia, CASA must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. For instance, in response to Transport Canada's CF-2005-28R1 concerning Bell 206 helicopters, CASA has amended the equivalent Australian AD to AD/BELL 2006/161 Amendment 1.
There are no specific offences, penalties, or consequences outlined for breach of ADs in the provided text. However, the fact that ADs are issued under statutory authority and are legislative instruments implies that non-compliance could lead to significant legal and safety repercussions. Such repercussions may include enforcement actions by CASA, potential grounding of non-compliant aircraft, and liability for any accidents or incidents resulting from non-compliance. The authority to issue ADs underscores the importance of adhering to these regulations to maintain the high safety standards expected in civil aviation.