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 212/31 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 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 provide for the regulation of civil aviation in Australia, particularly focusing on safety aspects. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, with one such regulation being the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that serve as critical tools for maintaining the continuing airworthiness of aircraft as per international standards set out in Annex 8 to the Convention on International Civil Aviation. The Act addresses the need for robust regulatory frameworks to ensure the safety and proper maintenance of aircraft within Australia's airspace. CASA's role in issuing and cancelling these directives is vital in upholding these safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of airworthiness directives (ADs) within Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, pursuant to regulation 39.001. These ADs, as legislative instruments, serve to ensure the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type holds primary responsibility for its continuing airworthiness, while the State of Registry must implement measures to maintain this airworthiness. In the case of Australia, CASA has the authority to issue, review, and cancel ADs, as demonstrated by the recent cancellation of AD/BELL 212/31 for Bell 212 aircraft, effective from 9 April 2009. Given that this cancellation aligns with Australia's international obligations, no public consultation or Regulatory Impact Statement was deemed necessary. The issuance and cancellation of such ADs are executed by authorised personnel within CASA, ensuring compliance with both national and international safety standards.
Key Provisions
The main operative sections of this legislation revolve around the issuance and cancellation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. Subregulation 39.001(5) clarifies that ADs are disallowable instruments, which means they can be reviewed and potentially disallowed by the relevant parliamentary committee.
The obligations imposed by the Act and the Regulations are primarily on CASA and the States of Design and Registry. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of aircraft registered within its jurisdiction. CASA, as the regulatory body in Australia, must issue ADs as required and ensure they comply with international standards under the Convention on International Civil Aviation. CASA has the authority to review and cancel existing ADs when necessary, such as the AD/BELL 212/31 affecting Bell 212 aircraft, which was cancelled due to Australia's obligations under the Convention.
The cancellation of AD/BELL 212/31 is a significant event, as it reflects Australia's adherence to international obligations and standards. The process did not involve public consultation as mandated by the Office of Best Practice Regulation, which determined that ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA issued this cancellation in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The effective date of the cancellation is 9 April 2009, and no replacement AD is required, indicating a final decision based on comprehensive review and international obligations.
Any breach of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could lead to civil or criminal penalties. While the specific penalties are not detailed in this explanatory statement, non-compliance with airworthiness directives can generally result in severe consequences, including fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety. These penalties underscore the importance of adhering to ADs and the regulatory framework designed to maintain the highest standards of air safety.