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 206/69 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, enacted by the Parliament of Australia, was introduced to ensure the safety of air navigation and to provide a legislative framework for civil aviation in Australia. Under this Act, the Governor-General is empowered to make regulations, including issuing airworthiness directives, to maintain safety standards. The Civil Aviation Safety Regulations 1998 further detail these provisions, authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft or aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative mechanism ensures that CASA, as the national airworthiness authority, can mandate necessary safety measures for aircraft registered in Australia, thereby fulfilling Australia's obligations under international conventions and maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. The Act applies to the Civil Aviation Safety Authority (CASA), which is empowered under regulation 39.001 of the Regulations to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The Act's jurisdiction extends nationally, reflecting Australia's commitment to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is designed, holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in Australia is CASA. The AD/BELL 206/69 for Bell 206 model aircraft, issued by CASA, has been cancelled due to the resolution of the unsafe condition it addressed, with no further action required as of 23 October 2008. The cancellation aligns with Australia's obligations under the Convention and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are a mechanism by which states ensure the continuing airworthiness of aircraft, with the State of Design having the primary responsibility under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on parties governed by this Act include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. This is exemplified in the issuance and subsequent cancellation of AD/BELL 206/69 for Bell 206 model aircraft, which CASA cancelled due to the resolution of the unsafe condition identified in the AD.
In the event of a breach of the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of civil aviation regulations typically carry significant fines and potential imprisonment for individuals, and substantial fines for corporations. CASA’s authority to issue ADs and enforce compliance ensures that the safety standards are met and maintained across the aviation sector.