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 212/56 affecting Bell 212 helicopters in 1995. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to provide a legislative framework for the regulation of civil aviation safety, aiming to ensure the highest standards of safety and efficiency in air navigation. This Act allows for the creation of regulations, such as the Civil Aviation Safety Regulations 1998, which were designed to further define and enforce safety standards in civil aviation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. The policy objective behind these regulations is to align Australian practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby ensuring consistency and safety in the global aviation industry. This legislative approach allows Australia to meet its international obligations while maintaining stringent safety standards for its domestic aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation for specific types of aircraft or aeronautical products. These regulations extend to any individual or entity involved in the design, manufacture, maintenance, or operation of aircraft within Australia, thereby affecting various industries and conduct related to civil aviation. Geographically, the application of these regulations is primarily national, although they also adhere to international standards set by the International Civil Aviation Organization (ICAO). Notably, these regulations do not apply to military aircraft or to aircraft operated exclusively for private use unless they fall within the specified categories subject to ADs. Furthermore, under the Legislative Instruments Act 2003, ADs are considered legislative instruments and are subject to disallowance. The scope of these regulations may be extended or restricted through subordinate instruments, ensuring that they remain aligned with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that promote the safety of air navigation. One significant regulation, 39.001 under the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that the State of Design, which is responsible for the ongoing airworthiness of an aircraft type, provide necessary information to the States of Registry to ensure the safety and compliance of the aircraft. The State of Registry, in turn, must implement or adopt specific requirements to maintain the airworthiness of the aircraft registered within its jurisdiction. This is in line with Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of both the State of Design and the State of Registry.
CASA has historically issued ADs such as AD/BELL 212/56, which affected Bell 212 helicopters and was first issued in 1995. Recently, CASA reviewed this directive and decided to cancel it, effective from 19 November 2009. No replacement directive is deemed necessary. This decision aligns with Australia's international obligations under the Convention on International Civil Aviation, thereby obviating the need for public consultation on the cancellation of this AD. Moreover, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was formally executed by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, acting on behalf of CASA, in strict compliance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative and regulatory framework ensures that the safety and airworthiness of aircraft are continuously upheld in accordance with both national and international standards.