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-2002-33 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 222/33, which will become effective on 4 August 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 regulate civil aviation in Australia, ensuring the safety of air navigation, and it empowers the Governor-General to create regulations under section 98 for these purposes. Complementing the Act, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, classified as disallowable instruments under the Acts Interpretation Act 1901, are essential legislative instruments for maintaining airworthiness standards. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 work in tandem to uphold Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to ensure continuing airworthiness of aircraft types and the State of Registry to implement necessary requirements.
In line with these regulations, CASA has issued an Australian airworthiness directive, AD/BELL 222/33, in response to an AD issued by Transport Canada for Bell 222 model helicopters. This directive reflects Australia's adherence to international obligations and the necessity for CASA to assess and, if appropriate, implement ADs from the State of Design to maintain safety standards. The AD was issued under the authority of the Act, by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2). Given that this AD was issued due to Australia’s obligations under international conventions and in response to a directive from the relevant State of Design, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This authority is exercised to ensure compliance with the continuing airworthiness requirements set out in Annex 8 to the Convention on International Civil Aviation. The ADs mandate safety measures and maintenance actions to be undertaken by the State of Registry, which, in Australia's case, is CASA. The ADs are issued in response to safety directives from the State of Design, such as Transport Canada for the Bell 222 model helicopters, and are implemented to ensure uniformity with international standards. The issuance of these ADs is a regulatory obligation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, focusing on the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) designates these ADs as disallowable instruments, classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legal classification underscores the significance of ADs in maintaining aviation safety standards.
The obligations imposed by the Civil Aviation Act 1988 and its regulations are multifaceted. Firstly, the State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of that type. This includes providing necessary information to States of Registry, which are responsible for individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these safety requirements. For example, Transport Canada issued AD CF-2002-33 concerning Bell 222 model helicopters, and CASA subsequently issued Australian AD/BELL 222/33 to mandate these requirements in Australia.
Given that these directives are issued in response to international obligations under the Convention on International Civil Aviation, there is no requirement for public consultation on individual ADs. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The issuance of ADs is a formal process overseen by CASA, with the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, making the AD in accordance with subsection 84A(2) of the Act.
Non-compliance with ADs carries significant legal and operational consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in various penalties. These may include substantial fines, as stipulated in section 356, which imposes a maximum penalty of up to 120 penalty units ($22,200 as of 2023) for individuals and up to 600 penalty units ($111,000) for corporations, for each offence. Additionally, CASA has the authority to take enforcement actions such as grounding aircraft, refusing or revoking airworthiness certificates, and other measures deemed necessary to ensure compliance with aviation safety standards. Such stringent measures underscore the critical importance of adhering to ADs to maintain the highest levels of aviation safety.