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 206/38 affecting Bell 206 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, Airframes 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. It empowers the Governor-General to make regulations, such as those pertaining to airworthiness directives (ADs), under section 98. The Civil Aviation Safety Regulations 1998 further detail the process by which CASA can issue ADs, ensuring compliance with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the States of Design and Registry in maintaining the continuing airworthiness of aircraft. The enactment of this legislation addresses the need for a coordinated and internationally compliant approach to civil aviation safety in Australia.
The AD/BELL 206/38 concerning Bell 206 model aircraft, issued by CASA, has been assessed and subsequently cancelled, effective 23 October 2008. This cancellation is a direct result of Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Civil Aviation Act 1988, reflecting the authority's commitment to maintaining safe air navigation practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued in Australia to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue these directives for specified types of aircraft or aeronautical products, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs are integral to the continuing airworthiness of aircraft, with the State of Design having the overarching responsibility for the airworthiness of an aircraft type and the State of Registry tasked with the responsibility for the airworthiness of individual aircraft. In this context, CASA acts on behalf of Australia's interests, evaluating ADs issued by foreign entities and, where necessary, issuing corresponding Australian ADs to enforce the required safety measures. This legislative mechanism underscores Australia's commitment to international civil aviation standards as outlined in Annex 8 to the Convention on International Civil Aviation. In this instance, CASA has cancelled AD/BELL 206/38 concerning Bell 206 model aircraft, reflecting the resolution of an identified unsafe condition without the need for a replacement directive.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that support the Act's objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as essential tools for ensuring the continuing airworthiness of aircraft and are integral to international civil aviation standards.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure safety to the States of Registry. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to maintain airworthiness standards. In Australia, CASA acts as the national airworthiness authority, and when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA issued AD/BELL 206/38, which affected Bell 206 model aircraft, and has subsequently assessed and cancelled this directive. The cancellation is effective as of 23 October 2008. No further action is required because the unsafe condition identified by the AD has been resolved. Given that this AD cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was necessary.
The AD cancellation was authorised by the Manager, Airframes, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores CASA's role in ensuring compliance with international standards and maintaining the safety and airworthiness of aircraft in Australia. The AD, being a legislative instrument, was made in accordance with the provisions of the Legislative Instruments Act 2003, ensuring that it is properly scrutinised and implemented.