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 412/2 Amendment 1 affecting Bell 412 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 2008. 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, Airframes 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 Commonwealth Parliament, establishes the legal framework for ensuring the safety of civil aviation in Australia. This legislation empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs). These ADs serve as critical tools for maintaining the safety and airworthiness of aircraft and aeronautical products within Australia, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988 was introduced to address the need for comprehensive regulatory measures to safeguard the civil aviation industry, ensuring that all aspects of air navigation and aircraft operation meet stringent safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is derived from the Civil Aviation Act 1988, which allows the Governor-General to create regulations that serve the interests of air navigation safety. Airworthiness directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft and aeronautical products, in line with the obligations of the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The ADs serve as a crucial mechanism for disseminating continuing airworthiness information, with most ICAO Contracting States, including Australia, issuing such directives. This legislative framework ensures that CASA, as the regulatory authority, can address safety concerns by issuing or cancelling directives as necessary, thereby maintaining high safety standards in the aviation industry.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in maintaining and ensuring the safety and airworthiness of aircraft. Moreover, under subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design of an aircraft bears the primary responsibility for the aircraft's continuing airworthiness, which includes providing necessary information to the State of Registry to ensure that the aircraft maintains its airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This framework ensures a coordinated approach to airworthiness management on an international scale.
The AD/BELL 412/2 Amendment 1, which affected Bell 412 aircraft, was issued by CASA or its predecessors. However, CASA has since reviewed and cancelled this directive, a decision that will take effect on 18 December 2008. The cancellation of this AD is in line with Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required. The AD was cancelled by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no explicit provisions within the provided text regarding the obligations imposed on the parties or entities governed by the ADs or the specific consequences of non-compliance with these directives. The text mainly focuses on the issuance, review, and cancellation of ADs, along with the legislative framework and international obligations that guide these processes. However, it can be inferred that compliance with ADs is critical to maintaining the airworthiness of aircraft, and failure to adhere to these directives could potentially result in safety issues and legal repercussions.