CIVIL AVIATION ACT 1988
CIVIL AVIATION 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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Transport Canada has issued AD CF-2002-23R1 affecting Bell 222 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 222/26, Amendment 1, which will become effective on 29 June 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency within the industry. The Act authorises the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. This includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to ensure the continuing airworthiness of aircraft types, in accordance with obligations under the Convention on International Civil Aviation. The policy objective of the Act is to ensure that Australia's civil aviation safety standards are met, both domestically and in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. An AD is considered a legislative instrument and is subject to disallowance as per section 46A of the Acts Interpretation Act 1901. These ADs serve to ensure the continuing airworthiness of aircraft and are issued in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. In this context, CASA acts as Australia’s national airworthiness authority, mandated to assess ADs issued by other countries and, where necessary, issue corresponding Australian ADs. For example, CASA issued Australian AD/BELL 222/26, Amendment 1, in response to an airworthiness directive issued by Transport Canada concerning Bell 222 model helicopters. This AD, which supersedes the previous issue, reflects Australia's obligations under international conventions and is issued without public consultation, as deemed unnecessary by the Office of Regulatory Review.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly in relation to airworthiness directives (ADs), are outlined in section 98, which empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for types of aircraft or aeronautical products. This regulation is significant as it allows CASA to implement safety measures that are crucial for the continued airworthiness of aircraft within Australia. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby categorising them as legislative instruments.
The obligations imposed by these provisions are primarily on CASA and the State of Registry of an aircraft. CASA, as Australia's national airworthiness authority, is mandated to assess and respond to ADs issued by the State of Design. This involves ensuring that any AD issued by a foreign State of Design, such as Transport Canada in the case of the Bell 222 model helicopters, is appropriately evaluated and, if necessary, adapted into an Australian AD. The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft, including implementing the requirements stipulated in ADs. This ensures that all aircraft registered in Australia maintain the required safety standards.
Failure to comply with the requirements set forth in an AD can lead to significant consequences. Non-compliance with an AD can be considered a breach of the Civil Aviation Safety Regulations 1998, which could result in enforcement actions against the aircraft operator or owner. In severe cases, this might lead to the grounding of the aircraft or even criminal charges if the non-compliance results in an accident or endangers public safety. The specific penalties for such breaches can include fines, imprisonment, or both, depending on the severity of the non-compliance and its impact on aviation safety.