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 212/32 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, enacted by the Australian Parliament, establishes a legislative framework to ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with international standards set by the Convention on International Civil Aviation, CASA may issue such directives to maintain the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of this regulatory action is to uphold the highest safety standards in line with international obligations and ensure compliance with the responsibilities of the State of Design and State of Registry concerning aircraft airworthiness. The cancellation of a specific airworthiness directive for Bell 212 aircraft, effective from 9 April 2009, reflects Australia's commitment to these international standards and eliminates the need for a replacement directive.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products, as stipulated under regulation 39.001. These directives, which are legislative instruments as per the Legislative Instruments Act 2003, aim to ensure the safety of air navigation in alignment with Australia's commitments under the Convention on International Civil Aviation. The ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design and the State of Registry. The cancellation of a specific AD, such as AD/BELL 212/32 affecting Bell 212 aircraft, is executed under these regulations and reflects Australia's adherence to international standards, thereby obviating the need for public consultation or a Regulatory Impact Statement. The AD's cancellation is executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the statutory provisions.
Key Provisions
The Civil Aviation Act 1988 provides the legislative foundation for aviation safety regulations in Australia, empowering the Governor-General to issue regulations under section 98 for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. An AD, as defined under subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The issuance of ADs is guided by international standards outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry to ensure the aircraft remains airworthy. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement requirements to maintain this airworthiness. In alignment with these international obligations, CASA has issued, reviewed, and subsequently cancelled AD/BELL 212/32 affecting Bell 212 aircraft. This cancellation will take effect on 9 April 2009, and no replacement AD is deemed necessary.
Given the international context of this AD cancellation, no consultation with the Australian public has been conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of compliance, any breaches of ADs could lead to serious consequences. Civil aviation regulations may impose civil or criminal penalties for non-compliance with ADs, which are critical for ensuring the safety and airworthiness of aircraft. Penalties can include fines and imprisonment, reflecting the gravity of safety violations. The specific penalties depend on the nature and severity of the breach, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.