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 412/19 affecting Bell 412 helicopters in 1988. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for the regulation of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. As part of this framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives serve as legislative instruments to maintain the airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation and Annex 8. The cancellation of AD/BELL 412/19, affecting Bell 412 helicopters, was enacted to reflect Australia’s international commitments without requiring public consultation or a Regulatory Impact Statement, demonstrating CASA's adherence to international standards and streamlined regulatory processes.
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 for specific types of aircraft or aeronautical products. These directives serve as legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. The scope of the Act and its regulations extends to all entities involved in the operation, maintenance, and manufacture of aircraft within Australia, ensuring compliance with national and international standards of airworthiness. This includes aircraft registered in Australia and their operators, irrespective of whether the aircraft is domestically or internationally operated. Geographic jurisdiction is primarily national, as the Act and its regulations apply within Australia, but must also consider international obligations under ICAO conventions. The State of Registry, in this case CASA, is responsible for ensuring that aircraft under its jurisdiction maintain airworthiness standards. The application of these regulations is comprehensive, covering all aspects of aircraft operation and maintenance, but does not require public consultation or a Regulatory Impact Statement for individual airworthiness directive cancellations, such as the one affecting Bell 412 helicopters, which was issued and subsequently cancelled by CASA in accordance with international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to ensure the safety of air navigation in line with the overarching provisions of the Civil Aviation Act 1988 (section 98). As stated in subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to issue ADs that meet the safety standards stipulated by the Convention on International Civil Aviation, specifically Annex 8. This annex outlines the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is responsible for implementing requirements to maintain the airworthiness of individual aircraft. These obligations are critical to ensuring that all parties involved adhere to international safety standards and maintain the safety of air navigation.
Failing to comply with airworthiness directives or the regulations governing them can result in significant consequences. Although the specific details of penalties for non-compliance with ADs are not explicitly stated in the provided text, general non-compliance with aviation regulations can lead to both civil and criminal penalties. Civil penalties may include fines or other financial penalties, while criminal penalties could include imprisonment. The severity of these penalties depends on the nature and extent of the breach, and they are designed to enforce adherence to the stringent safety standards required by the Civil Aviation Act 1988 and its subsidiary regulations.