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, 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-2004-21R2 affecting Bell 222 model helicopters. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BELL 222/31, Amendment 1, which will become effective on 21 December 2006. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safe and efficient air navigation and the oversight of airworthiness. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act, specifically under section 98, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms for ensuring airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as a legislative instrument. This regulatory structure is in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. In the case of Transport Canada's AD CF-2004-21R2 concerning Bell 222 model helicopters, CASA, as Australia's national airworthiness authority, has issued a corresponding Australian AD, reflecting Australia's obligations under the Convention. The issuance of such ADs is pursuant to the authority granted under the Civil Aviation Act and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives serve as legislative instruments and are necessary to maintain the continuing airworthiness of aircraft types, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Canada for Bell 222 model helicopters, holds the primary responsibility for providing information to ensure the airworthiness of an aircraft type, while the State of Registry, here represented by Australia through CASA, is tasked with ensuring the continuing airworthiness of individual aircraft registered in its jurisdiction. As such, CASA is obligated to assess and issue corresponding ADs when necessary. This particular AD, issued in response to Transport Canada’s AD CF-2004-21R2, becomes effective on 21 December 2006, replacing the previous issue, and reflects Australia’s adherence to international obligations without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are regulatory instruments made to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under the Acts Interpretation Act 1901 and is regarded as a legislative instrument in accordance with the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to issue ADs that align with the continuing airworthiness information provided by the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this responsibility. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements.
In this specific instance, Transport Canada issued AD CF-2004-21R2 concerning Bell 222 model helicopters, with Canada being the State of Design. CASA has reviewed this AD and issued Australian AD/BELL 222/31, Amendment 1, effective from 21 December 2006, which replaces the previous version. Given the AD's basis in international obligations and its response to an AD from the relevant State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was created by the Manager, Airframes, within the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with the requirements set forth in an AD can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance can result in penalties, including fines and imprisonment, depending on the severity of the breach. The Civil Aviation Safety Regulations 1998 also outline specific penalties for non-compliance, which can vary based on the nature and extent of the violation. These penalties are intended to enforce adherence to airworthiness standards and ensure the safety of air navigation.