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 412/24 affecting Bell 412 helicopters in 1989. 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 for the regulation of civil aviation and the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The objective of these regulations is to ensure the continuing airworthiness of aircraft, thereby enhancing the safety of air navigation. The ADs serve as a mechanism for disseminating critical information related to the maintenance and operation of aircraft, aligning with the international obligations under the Convention on International Civil Aviation. This legislative framework underscores Australia's commitment to maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for civil aviation safety in Australia, and the Civil Aviation Safety Regulations 1998 offer specific regulations to implement the Act. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. As CASA has the authority to issue these ADs, they also have the power to cancel them, as demonstrated in the case of AD/BELL 412/24 affecting Bell 412 helicopters, which was cancelled due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation, effective from 19 November 2009, does not require public consultation or a Regulatory Impact Statement, and was made by the Manager, New Technology and Regulatory Trends, on behalf of CASA.
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. This regulatory authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations in the interests of air navigation safety. Section 39.001(5) of these regulations further specifies that an AD is a disallowable instrument, meaning it is subject to the provisions of section 46A of the Acts Interpretation Act 1901 and classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This formalises the legal standing of ADs as instruments of regulatory control in aviation safety.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing necessary information to the States of Registry to ensure the safety and airworthiness of the aircraft. Conversely, the State of Registry of an individual aircraft bears the responsibility for the ongoing airworthiness of that specific aircraft. This dual responsibility ensures a comprehensive approach to maintaining safety standards across all phases of an aircraft's operational life.
The AD/BELL 412/24, which CASA issued in 1989 for Bell 412 helicopters, has been reviewed and subsequently cancelled by CASA. This cancellation, effective from 19 November 2009, reflects Australia's adherence to its obligations under the Convention on International Civil Aviation and does not necessitate public consultation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing and updating these critical safety directives.
Breaching the provisions of the Civil Aviation Safety Regulations 1998 or failing to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, individuals and entities can face both civil and criminal penalties. Civil penalties may include fines and other sanctions, while criminal penalties can result in imprisonment, reflecting the high stakes associated with non-compliance in aviation safety. The exact penalties depend on the nature and severity of the breach, underscoring the importance of adherence to ADs and regulatory requirements.