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 206/23 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, enacted to ensure the safety of air navigation in Australia, empowers the Governor-General to create regulations that align with the Act's objectives. Under the auspices of this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs are critical tools for maintaining the airworthiness of aircraft and aeronautical products, as they are mandated by regulation 39.001 of the Civil Aviation Safety Regulations. Furthermore, the Legislative Instruments Act 2003 classifies ADs as legislative instruments that are subject to disallowance. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, is responsible for issuing these directives, which must align with the obligations set forth by Annex 8 to the Convention on International Civil Aviation, regarding the continuing airworthiness of aircraft. In line with these international obligations, CASA has the authority to issue, modify, or cancel ADs as necessary to uphold the highest standards of aviation safety in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2008L03563, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia, as well as to entities involved in the design, manufacture, maintenance, and operation of such aircraft. The ADs are instrumental in ensuring the continuing airworthiness of aircraft types and individual aircraft within Australia. These directives are a legislative instrument under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. Geographically, these regulations apply nationally within Australia, aligning with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The authority to issue and cancel ADs is exercised by CASA, which must act in accordance with international obligations and domestic law. This particular AD concerning Bell 206A model aircraft was cancelled by CASA due to the resolution of the unsafe condition it was addressing, thus no public consultation or Regulatory Impact Statement was required. The cancellation was made under the authority of the Civil Aviation Act 1988 by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to create regulations for the Act's purposes, particularly for ensuring the safety of air navigation (section 98). One such regulation is regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998). An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for an aircraft type's continuing airworthiness. This responsibility includes providing necessary information to States of Registry to ensure the aircraft's continued airworthiness. ADs are a common means of disseminating such information, issued by most International Civil Aviation Organization (ICAO) Contracting States. In parallel, the State of Registry is tasked with ensuring an individual aircraft's continuing airworthiness. The State of Registry must develop or adopt requirements to meet this obligation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
CASA issued AD/BELL 206/23 concerning Bell 206A model aircraft, but subsequently cancelled it. This cancellation is due to Australia's obligations under the Convention on International Civil Aviation and the resolution of the unsafe condition that originally prompted the AD. The cancellation will take effect on 23 October 2008, and no replacement AD is necessary. Given that the AD has been cancelled under the aforementioned international obligations, no consultation with the Australian public was undertaken regarding this cancellation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties they govern. CASA, as the national airworthiness authority, must thoroughly assess any AD issued by a State of Design to determine if it should be enforced in Australia. This assessment process is critical to maintaining the safety of air navigation and ensuring that aircraft registered in Australia meet the necessary airworthiness standards. Failure to comply with an AD can result in significant consequences, including the potential grounding of an aircraft and other penalties under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. These consequences may include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court.