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 212/36 Amendment 1 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 to provide for the safety and efficiency of civil aviation, addresses the need for regulations concerning the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as a legislative instrument under the Legislative Instruments Act 2009, ensures that the continuing airworthiness of aircraft aligns with international standards set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 aims to maintain the highest standards of safety and efficiency in civil aviation, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft within Australian jurisdiction. ADs are legislative instruments that play a crucial role in maintaining safety standards in accordance with Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring that individual aircraft comply with these ADs, although the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to support this. The issuance and cancellation of ADs, such as the recent cancellation of AD/BELL 212/36 Amendment 1 for Bell 212 aircraft, are made under the authority of the Act and are not subject to public consultation or a Regulatory Impact Statement due to their technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 permit the Governor-General to make regulations for the safety of air navigation (Civil Aviation Act 1988, s 98), and empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998, reg 39.001). These ADs, which are a form of continuing airworthiness information, are required under Annex 8 to the Convention on International Civil Aviation, and are issued by most ICAO Contracting States.
The obligations imposed by the Civil Aviation Act and the Regulations include ensuring that the State of Design provides necessary information to maintain the continuing airworthiness of an aircraft type to the appropriate States of Registry (Annex 8, Convention on International Civil Aviation), and that the State of Registry develops or adopts requirements to ensure the continuing airworthiness of aircraft (Annex 8). The ADs themselves are issued in accordance with specific legal provisions, and they are legislative instruments as defined by the Legislative Instruments Act 2003 (s 6).
In this case, CASA issued AD/BELL 212/36 Amendment 1 affecting Bell 212 aircraft, which has since been cancelled. This cancellation was made due to Australia's obligations under the Convention on International Civil Aviation and was implemented in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The cancellation took effect on 9 April 2009, and no replacement AD is required. The cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA.
There are no offences, penalties, or civil/criminal consequences specified in the text for the cancellation of this AD, as it was made in accordance with the legal obligations and requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. However, it is important to note that failure to comply with ADs in general could result in significant civil or criminal penalties, as ADs are issued to ensure the safety of air navigation and the continuing airworthiness of aircraft.