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 206/20 Amendment 1 affecting Bell 206A 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 establish a legal framework for ensuring the safety and efficiency of civil aviation in Australia. One of the key mechanisms within this framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, with ADs serving as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to ensure aircraft safety. CASA, as Australia's national airworthiness authority, evaluates and implements these directives to meet Australia's regulatory standards. The process of issuing, amending, or cancelling ADs, such as the recent cancellation of AD/BELL 206/20 Amendment 1 for Bell 206A model aircraft, is conducted by CASA officials in accordance with the Act, reflecting the authority's commitment to aviation safety and regulatory compliance.
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 authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The issuance of ADs aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for the continuing airworthiness of an aircraft type and the State of Registry must implement necessary requirements to maintain airworthiness. CASA, as Australia's State of Registry, assesses information from the State of Design and, if appropriate, issues corresponding ADs to mandate compliance with international standards. This process ensures that Australian aviation safety regulations are consistent with global practices, facilitating international cooperation and safety in civil aviation.
Key Provisions
The main operative sections of this legislation, particularly regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (39.001). This authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Section 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, consequently, a legislative instrument as per the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act on the parties and entities it governs are multi-faceted. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry. Meanwhile, the State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
Under the Civil Aviation Act 1988, there are specific offences and penalties associated with breaches of airworthiness directives. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly detail penalties for non-compliance with ADs, non-compliance with aviation regulations generally can lead to severe consequences. Civil penalties may include fines, and in criminal cases, penalties can include imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach.
The cancellation of an AD, such as AD/BELL 206/20 Amendment 1 affecting Bell 206A model aircraft, signifies that the unsafe condition it was intended to address no longer exists. This cancellation, which will become effective on 23 October 2008, has been carried out without public consultation due to Australia's obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued 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.