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 412/23 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 provide a legislative 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 make regulations under section 98 to facilitate the safe operation of aircraft, while the Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining airworthiness. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the ongoing safety and airworthiness of specific types of aircraft or aeronautical products. The Civil Aviation Act 1988 and the associated regulations are designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry are assigned responsibilities for the continuing airworthiness of aircraft. In line with these international obligations, CASA has the authority to issue, review, and cancel ADs as necessary to uphold safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation safety in Australia, and under section 98, the Governor-General has the authority to make regulations for the purposes of the Act and to ensure 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 for specified kinds of aircraft or aeronautical products. An airworthiness directive, as per subregulation 39.001(5), is classified as a disallowable instrument under the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility ultimately resting with the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, on the other hand, must provide necessary information to ensure the continuing airworthiness of aircraft types. The issuance and cancellation of such directives are directly influenced by international obligations, and in the case of AD/BELL 412/23, its cancellation by CASA is in accordance with these international standards and obligations, necessitating no public consultation or regulatory impact statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation (section 98). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This classification underscores the formal and regulatory nature of ADs.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to adhere to the provisions set forth in these regulations, particularly regarding the issuance and compliance with ADs. For instance, the State of Design has an overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the aircraft's ongoing airworthiness. Similarly, the State of Registry must establish or adopt specific requirements to maintain the airworthiness of individual aircraft. CASA, as the regulatory authority, issues ADs that must be followed by all relevant parties to ensure compliance with safety standards.
The cancellation of AD/BELL 412/23, which affected Bell 412 model aircraft, exemplifies the process and implications of ADs. CASA, having reviewed the AD, decided to cancel it effective from 12 February 2009. This cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. Given this cancellation aligns with international obligations, no public consultation or Regulatory Impact Statement was necessary, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technology in the Airworthiness Engineering Group issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can lead to significant legal and safety repercussions. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs, general provisions within the Act allow for enforcement actions. Non-compliance with ADs could potentially lead to enforcement actions under the Act, which may include administrative penalties or legal action. The severity of the consequences would depend on the specific circumstances of the non-compliance and the resultant risk to aviation safety.