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 206/5 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, 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, enacted by the Australian Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to make regulations to further these aims, with a particular focus on the safety of air navigation. One such regulation is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that are subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching policy objective is to maintain the highest safety standards in alignment with international obligations under the Convention on International Civil Aviation. This approach ensures that Australia's aviation safety measures are consistent with global standards, thereby protecting the public and enhancing the overall safety of civil aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 allows CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs, as disallowable instruments under section 46A of the Acts Interpretation Act 1901, are legislative instruments that must comply with the Legislative Instruments Act 2003. The ADs serve as a mechanism for continuing airworthiness, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design, which has the responsibility for the continuing airworthiness of an aircraft type, issues ADs, and the State of Registry, which in Australia is CASA, must assess and implement these directives for aircraft registered in the country. This process ensures that all aircraft operating in Australia meet the necessary safety standards, with the AD/BELL 206/5 for Bell 206A model aircraft being a pertinent example, as it was assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition identified.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (sections 98 and 39.001). An AD is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901, and it must comply with the Legislative Instruments Act 2003 (section 6). These directives are crucial for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. According to this international agreement, the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. Consequently, CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements for aircraft registered in Australia.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to assess the ADs issued by the State of Design to ensure that they meet the safety standards and requirements set forth in the Civil Aviation Act 1988 and the Convention on International Civil Aviation. When CASA deems it necessary, they must issue an Australian AD to mandate compliance with the State of Design's requirements. This ensures that the safety of air navigation is maintained and that aircraft registered in Australia meet the necessary airworthiness standards. Furthermore, the cancellation of an AD, such as AD/BELL 206/5 affecting Bell 206A model aircraft, must be based on Australia's obligations under the Convention on International Civil Aviation. In such cases, CASA is not required to consult with the Australian public or prepare a Regulatory Impact Statement.
Any breach of the obligations and requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in both civil and criminal consequences. CASA may impose administrative penalties, such as fines, for non-compliance with airworthiness directives. In more severe cases, breaches may result in criminal charges being laid against individuals or entities responsible for the non-compliance. The maximum penalties for such offences are determined by the specific provisions of the Civil Aviation Act 1988 and other relevant legislation. It is essential for all parties involved in the aviation industry to comply with the airworthiness directives and requirements to ensure the safety of air navigation and avoid potential legal repercussions.