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 206/39 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 provide a legislative framework for the safety, efficiency, and orderly growth of civil aviation in Australia. The 1988 Act establishes the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority and grants CASA the power to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a means to ensure the continuing airworthiness of aircraft types registered in Australia, aligning with the obligations of the State of Registry under Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments subject to disallowance and are issued to mandate safety requirements when unsafe conditions are identified. In the case of AD/BELL 206/39, which affected Bell 206 model aircraft, CASA assessed and subsequently cancelled the directive on 23 October 2008, as the unsafe condition no longer existed, and no replacement AD was required. This cancellation was made in accordance with the obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, providing the regulatory framework for the maintenance of airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby establishing mandatory requirements to ensure safety in air navigation. These directives are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. CASA, as the national airworthiness authority, assumes the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. The authority to issue and cancel ADs reflects Australia's commitment to international standards and cooperation in maintaining aviation safety. The process is conducted without public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement. The issuance of such directives is overseen by the Manager, Airframes within CASA's Airworthiness Engineering Group, ensuring compliance with the legislative requirements as stipulated in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interest of the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003.
The obligations imposed by these provisions primarily fall on CASA as Australia's national airworthiness authority. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess the information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. The State of Registry of an individual aircraft also has the responsibility of ensuring its continuing airworthiness, developing or adopting the necessary requirements in line with Annex 8 of the Convention on International Civil Aviation.
Breach of the provisions in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed within the text, it is understood that failure to comply with airworthiness directives or the obligations of the State of Registry can result in serious safety risks. Consequently, the enforcement of these provisions is crucial for maintaining the safety standards required in the aviation industry. Non-compliance could potentially lead to penalties under the applicable aviation safety regulations, and in extreme cases, criminal charges for endangering the safety of air navigation.