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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/BELL 412/15 affecting Bell 412 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 2009. No replacement AD is required.
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 Technology in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for these purposes, including the delegation of powers to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. This regulatory framework allows CASA to maintain the safety and airworthiness of aircraft in Australia, aligning with international obligations under the Convention on International Civil Aviation. The ADs, which are legislative instruments, are crucial for the continuing airworthiness of aircraft and serve as a means for states to communicate necessary safety measures. The Civil Aviation Act 1988 thus provides a comprehensive legislative foundation to address the need for stringent and coordinated air safety measures in Australia.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These directives apply to specific types of aircraft and aeronautical products, ensuring their ongoing safety and airworthiness. The ADs are legislative instruments, as per the Legislative Instruments Act 2003, and are issued in accordance with the requirements set out in Annex 8 of the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the airworthiness of individual aircraft. In relation to the Bell 412 model aircraft, CASA issued and subsequently cancelled AD/BELL 412/15, with the cancellation taking effect on 12 February 2009. This action was a result of Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as ADs do not necessitate such measures.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (s 39.001(1)). These ADs serve as a crucial mechanism for ensuring that the aircraft or products meet the necessary safety standards. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments, which means they can be disallowed by a resolution of either House of the Parliament (s 46A of the Acts Interpretation Act 1901). In accordance with the Legislative Instruments Act 2003, an AD is thus classified as a legislative instrument (s 6).
The obligations imposed by these regulations are primarily directed at CASA, which must issue ADs to maintain the safety and airworthiness of aircraft and aeronautical products. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide any necessary information to ensure the safety of the aircraft to the State of Registry. Conversely, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure that each aircraft maintains its airworthiness. This division of responsibilities is outlined under Annex 8 to the Convention on International Civil Aviation and is critical for the effective management of aviation safety.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Although specific offences and penalties are not detailed within the text provided, it is clear that failure to adhere to ADs could result in significant safety risks. The Civil Aviation Act 1988 provides a framework within which CASA can enforce compliance, potentially leading to civil or criminal consequences for entities or individuals who do not comply with the ADs. The exact nature of these penalties would depend on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988.
The cancellation of AD/BELL 412/15 by CASA, as detailed in the explanatory statement, was undertaken due to Australia’s obligations under the Convention on International Civil Aviation. This action highlights the importance of international cooperation in aviation safety and the need for compliance with global standards. The cancellation of this AD does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This process underscores the regulatory efficiency in handling aviation safety directives, while ensuring that the actions taken are in line with international obligations.