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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 212/20 affecting Bell 212 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 2009. No replacement AD is required.
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 Acting Manager, Airframe and Structures 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 Commonwealth Parliament, establishes the regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, to support these objectives. Under this framework, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that reflect Australia's commitment to international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. In line with these international obligations, CASA has the responsibility to issue, review, and cancel ADs as necessary to maintain aviation safety standards.
In a specific instance, CASA issued AD/BELL 212/20 for Bell 212 aircraft, which has since been cancelled due to alignment with Australia’s international obligations. This cancellation took effect on 9 April 2009, and no replacement AD is required. Given the nature of this regulatory action and its basis in international obligations, there was no requirement for public consultation or a Regulatory Impact Statement. The cancellation was executed by the Acting Manager, Airframe and Structures, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the authority responsible for such directives. These regulations apply to all aircraft registered in Australia and are intended to ensure the continuing airworthiness of these aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a mechanism for compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type. The State of Registry, in this case, CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia. The scope of these directives is thus both national and international, adhering to the global standards set by the International Civil Aviation Organization (ICAO). The specific AD/BELL 212/20 affecting Bell 212 aircraft has been cancelled by CASA, reflecting Australia's compliance with international obligations, and no further action or consultation was deemed necessary due to the nature of the cancellation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (section 39.001(5)). These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential for ensuring the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. This Annex designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type, and requires it to provide necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft. In this context, CASA, acting under section 84A(2) of the Act, issued and subsequently cancelled AD/BELL 212/20 for Bell 212 aircraft, with the cancellation effective from 9 April 2009.
The obligations imposed by the Act and the Regulations on the parties or entities they govern are significant. CASA, as the regulatory body, must issue ADs to ensure that aircraft and aeronautical products meet the required safety standards. The State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft, while the State of Design must provide any necessary information to support this process. The obligations extend to aircraft operators, who must comply with ADs issued by CASA to maintain the airworthiness of their aircraft. Failure to comply with an AD can result in the aircraft being considered unairworthy, which can lead to serious safety implications.
The Act and Regulations also detail the offences, penalties, and consequences for breaches. While the specific provisions regarding penalties are not outlined in the provided text, the issuance and enforcement of ADs are critical in maintaining aviation safety. Non-compliance with an AD can result in civil penalties under the Civil Aviation Act 1988, including fines and other sanctions. In severe cases, criminal charges may be brought against individuals or entities responsible for breaches, potentially leading to imprisonment. The cancellation of AD/BELL 212/20, reflecting Australia's obligations under international conventions, underscores the importance of adhering to these regulatory requirements to ensure the highest standards of aviation safety are maintained.