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 206/71 affecting Bell 206B 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 was enacted to establish a framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legal structure to ensure the safety and efficiency of civil aviation activities within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on ensuring the safety of air navigation. One such regulation is found in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a crucial means of ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The legislative framework underscores the importance of international cooperation in maintaining airworthiness, with the State of Design having primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry tasked with ensuring the airworthiness of individual aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) within Australia. Under the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations, CASA can issue ADs for specific types of aircraft or aeronautical products. These directives are critical for ensuring the continuing airworthiness of aircraft and are considered legislative instruments. The State of Design holds primary responsibility for the airworthiness of an aircraft type, and must provide necessary information to the States of Registry, who then implement appropriate measures to ensure airworthiness. In the case of the AD/BELL 206/71, CASA assessed and subsequently cancelled the directive due to the resolution of the unsafe condition, fulfilling Australia's obligations under international civil aviation conventions. No public consultation or Regulatory Impact Statement was required for this action, as ADs do not generally necessitate such processes. The cancellation took effect on 23 October 2008, with no replacement AD needed as the issue has been resolved.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are the primary legislative instruments governing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the Act's purposes and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are centred around ensuring the continuing airworthiness of aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, is responsible for the ongoing airworthiness of an aircraft type and must supply necessary information to the States of Registry to maintain airworthiness. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
Failure to comply with ADs can lead to significant consequences. ADs are crucial for maintaining the safety standards of aircraft, and non-compliance can result in severe penalties. Under the Civil Aviation Act 1988, the penalties for non-compliance with an AD include fines and potential imprisonment. Specifically, section 59 of the Act stipulates that a person who contravenes an AD commits an offence and is liable to a fine of up to 120 penalty units or imprisonment for up to six months, or both. This underscores the importance of adhering to ADs to ensure the safety and compliance of aircraft operations within Australia.
Furthermore, CASA has the authority to cancel an AD when the unsafe condition that prompted its issuance no longer exists. This was demonstrated in the case of AD/BELL 206/71, which affected Bell 206B model aircraft. CASA assessed the AD and determined that it should be cancelled because the unsafe condition had been resolved. The cancellation of this AD, effective from 23 October 2008, means no replacement AD is necessary, reflecting Australia’s commitment to fulfilling its obligations under the Convention on International Civil Aviation.