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 412/20 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 provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that support these objectives, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that align with the international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, is tasked with ensuring the individual aircraft's airworthiness. The process of cancelling an AD, such as the AD/BELL 412/20 for Bell 412 helicopters, is conducted in accordance with Australia’s international obligations, without the need for public consultation or a Regulatory Impact Statement.
The cancellation of the AD/BELL 412/20 was executed by the Manager, New Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division, following the provisions of subsection 84A(2) of the Civil Aviation Act 1988. This action underscores CASA's commitment to maintaining the highest safety standards in line with international agreements, ensuring that Australia’s regulatory practices are consistent with global civil aviation safety requirements.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are critical in maintaining the continuing airworthiness of aircraft as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments under the Legislative Instruments Act 2003, subject to disallowance under the Acts Interpretation Act 1901. The State of Design is responsible for providing necessary information to the State of Registry, which must implement requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, acting in its capacity, has the authority to issue, review, and cancel ADs, as demonstrated by the cancellation of AD/BELL 412/20 affecting Bell 412 helicopters, effective from 19 November 2009. Given that the cancellation aligns with Australia’s international obligations, it did not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, pursuant to the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance and management of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) (sections 98 and 39.001). These ADs are legislative instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products, thereby upholding safety standards in line with the Convention on International Civil Aviation and Annex 8. The State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements for the continuing airworthiness of individual aircraft. CASA, as the regulatory body, issues ADs to maintain these standards, although it has the authority to cancel existing ADs as needed, such as the AD/BELL 412/20 for Bell 412 helicopters, which was cancelled on 19 November 2009.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has specific obligations to ensure the safety and airworthiness of aircraft operating in Australia. These obligations include the issuance of ADs to address safety issues with specific types of aircraft or aeronautical products. CASA must ensure that these directives are consistent with international standards and the obligations of Australia under the Convention on International Civil Aviation. The State of Registry, typically CASA, must ensure that the aircraft it registers meet the continuing airworthiness requirements stipulated in the ADs. This includes implementing and enforcing compliance with ADs by aircraft operators and ensuring that all necessary safety measures are taken.
Failure to comply with ADs may result in serious safety risks and can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such offences can lead to substantial penalties, both civil and criminal, depending on the severity of the breach. For instance, operating an aircraft that does not comply with an AD can result in fines or imprisonment. The exact penalties can vary, but they are designed to ensure that all parties adhere to the highest safety standards. Additionally, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have severe repercussions for operators and owners.