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 212/7 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 Parliament of Australia, addresses the overarching regulation of civil aviation within the nation, particularly focusing on safety and efficiency. This legislation provides the framework for the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Such directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Act was designed to ensure that the safety and efficiency of civil aviation operations are maintained at the highest levels, addressing gaps in previous aviation regulations and enhancing compliance with international safety standards. CASA, acting under the authority conferred by the Act, cancels certain airworthiness directives when necessary, reflecting Australia’s commitment to international obligations and safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and the requirements of the Legislative Instruments Act 2003. Such directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry under international conventions such as Annex 8 to the Convention on International Civil Aviation. In this particular instance, CASA has cancelled an existing AD for Bell 212 aircraft, a decision informed by Australia’s obligations under international civil aviation agreements, and thus, no public consultation or Regulatory Impact Statement was deemed necessary. This cancellation reflects the ongoing commitment to international standards and safety protocols within Australia’s civil aviation regulatory framework.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, focus on the issuance and management of airworthiness directives (ADs) for aircraft and aeronautical products. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 under the 1998 Regulations grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations and requirements imposed by this Act and its Regulations on parties and entities include ensuring the continuing airworthiness of aircraft types and individual aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, which involves providing necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction. This includes the issuance and enforcement of ADs, which are essential for maintaining the safety standards of the aircraft.
In terms of consequences for non-compliance with these provisions, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for breaches of ADs. However, non-compliance with airworthiness directives can lead to severe consequences, including potential safety hazards that may result in civil or criminal liability under other aviation-related statutes or common law. CASA has the authority to enforce compliance through various means, including the imposition of fines or other regulatory actions.
The cancellation of AD/BELL 212/7, which affects Bell 212 aircraft, was made in accordance with Australia’s obligations under the Convention on International Civil Aviation. As such, this action did not require public consultation or a Regulatory Impact Statement. The AD was issued and subsequently cancelled by the acting Manager, Airframe and Structures in the Airworthiness Engineering Group at CASA, following the authority granted under subsection 84A(2) of the Act. This cancellation is effective as of 9 April 2009, and no replacement AD is required as a result.