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.
The Civil Aviation Safety Authority or its predecessors issued AD/BELL 222/5 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters. CASA has assessed this AD and as a result has cancelled Australian AD/BELL 222/5. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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 Manager, Systems and New Technologies, 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 Australian Parliament, was introduced to establish a legal framework for civil aviation, particularly focusing on the safety of air navigation. This legislation empowers the Governor-General to create regulations that ensure the safety of air navigation, as seen in the subsequent Civil Aviation Safety Regulations 1998. The Act also mandates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. These ADs serve as crucial tools for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. In the case of AD/BELL 222/5 affecting Bell Helicopter Textron Canada (BHTC) 222 series helicopters, CASA has assessed the AD and determined that it can be cancelled, as the unsafe condition it addressed no longer exists. This decision aligns with Australia’s obligations under international aviation conventions, thereby negating the need for public consultation or a Regulatory Impact Statement. The AD cancellation is a legislative instrument made by CASA under the authority granted by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to all types of aircraft and aeronautical products registered in Australia, thereby affecting manufacturers, operators, and maintenance organisations within the aviation industry. Geographically, the application of these ADs is nationwide, as CASA is the national airworthiness authority under the Act. The issuance of ADs is further governed by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must adopt or develop requirements to ensure the airworthiness of aircraft registered in its jurisdiction. The ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and their creation does not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation of AD/BELL 222/5, for example, was made in accordance with the legislative framework without public consultation, reflecting the specific obligations under international aviation conventions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation further supports the issuance of ADs by affirming the State of Design's responsibility for an aircraft type's continuing airworthiness and its obligation to provide necessary information to States of Registry.
Under the Civil Aviation Safety Regulations, both the State of Design and the State of Registry play crucial roles in ensuring an aircraft's continuing airworthiness. The State of Design must issue ADs to address safety issues, while the State of Registry is responsible for implementing these directives and ensuring compliance. CASA, acting as Australia’s national airworthiness authority, is mandated to assess ADs issued by foreign States of Design and, if necessary, issue Australian ADs to enforce these requirements. For example, CASA assessed and subsequently cancelled the Australian AD/BELL 222/5 for Bell Helicopter Textron Canada (BHTC) 222 series helicopters due to the resolution of the unsafe condition, effective from 30 July 2009.
The obligations imposed by the Civil Aviation Safety Regulations on parties and entities include adherence to the ADs issued by CASA. Aircraft operators and manufacturers must comply with the requirements set forth in these directives to ensure the safety and airworthiness of their aircraft. Failure to comply with ADs can result in severe consequences. While specific offences and penalties are not detailed in the provided text, breaches of airworthiness regulations can generally lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges under other related aviation legislation.
The cancellation of AD/BELL 222/5 was made in accordance with the legislative process, with the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issuing the directive on behalf of CASA as per subsection 84A(2) of the Act. This cancellation reflects the international obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public or the preparation of a Regulatory Impact Statement was required.