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.
The Transport Canada has issued AD CF-2004-21 R1 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 222/31, which will become effective on 29 June 2005.
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 for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation and the airworthiness of aircraft. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as illustrated in section 98. The Civil Aviation Regulations 1998, under regulation 39.001, further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments under the Legislative Instruments Act 2003 and, in some cases, may not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This legislative framework underscores CASA's role in ensuring that Australian aircraft meet the necessary safety standards by aligning with directives issued by the aircraft's State of Design.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 govern the safety and airworthiness of aircraft within Australia, providing a comprehensive framework that ensures compliance with national and international aviation safety standards. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives apply to particular kinds of aircraft or aeronautical products and are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is influenced by international agreements, such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for an aircraft type's continuing airworthiness, and the State of Registry must ensure compliance with relevant requirements. When a foreign State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs to maintain safety standards. These ADs are not subject to public consultation or Regulatory Impact Statements, as they respond to international obligations and are not independently created regulatory measures.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties and entities it governs are primarily concerned with ensuring the safety and airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the responsibility for ensuring the continuing airworthiness of that type, and must provide necessary information to the States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the AD and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Breaching the obligations set out in the Act and Regulations can lead to serious consequences. While specific offences and penalties are not detailed in the provided text, it is implied that failure to comply with ADs could result in significant safety risks, potentially leading to civil or criminal liability for non-compliance. The legislative nature of ADs suggests that there are legal repercussions for not adhering to these safety mandates, although the exact penalties are not specified in the given excerpt. It is clear, however, that the issuance and compliance with ADs are critical to maintaining the safety standards required under Australian aviation law.