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 AD CF-2007-16 affecting Bell 206 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 206/173, which will become effective on 03 October 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the need to ensure the safety of air navigation, and includes provisions for the creation of regulations to support this aim. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. In line with this mandate, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 authorising the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specified types of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 also specify that ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with both the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to ensure compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and aim to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. ADs are issued in response to airworthiness concerns identified by the State of Design or other contracting states, with CASA required to evaluate and, if necessary, implement corresponding directives for aircraft registered in Australia. This process is mandated by Australia's obligations under international civil aviation agreements and is not subject to public consultation or regulatory impact assessments as determined by the Office of Best Practice Regulation. The ADs are formulated by CASA officials within the Airworthiness Engineering Branch, adhering to the legislative framework established by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are section 98 and regulation 39.001, respectively. Section 98 allows the Governor-General to make regulations for the Act, particularly concerning air navigation safety. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that ADs are disallowable instruments, making them legislative instruments under section 6 of the Legislative Instruments Act 2003.
These sections and regulations impose obligations on CASA and other entities. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design, which has the responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. If an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry of an individual aircraft is also obligated to ensure the continuing airworthiness of that aircraft, developing or adopting necessary requirements in accordance with Annex 8.
Failure to comply with an AD may lead to severe consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify particular offences, penalties, or consequences for breaching an AD. However, non-compliance with ADs can result in significant safety risks, leading to potential enforcement actions by CASA, including fines, suspension, or revocation of airworthiness certificates. These actions are taken to ensure the highest safety standards in civil aviation and to enforce compliance with airworthiness requirements.
Additionally, ADs issued under the Convention on International Civil Aviation and the Civil Aviation Safety Regulations 1998 do not require consultation of the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This is because ADs are a common form of continuing airworthiness information issued by ICAO Contracting States, and their issuance is a direct response to safety concerns identified by the State of Design. The AD in question, AD/BELL 206/173, was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.