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 412/26 affecting Bell 412 helicopters in 1990. 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 framework for civil aviation safety in Australia, ensuring that the safety of air navigation is prioritised. It grants the Governor-General the authority to create regulations under section 98 of the Act, which are intended to enhance the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The cancellation of AD/BELL 412/26, which affects Bell 412 helicopters, is a result of Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design with the overall responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the appropriate States of Registry. Given these international obligations, no public consultation was conducted on this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows the Governor-General to enact regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments, subject to disallowance and review, and they play a critical role in maintaining the continuing airworthiness of aircraft types and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs ensure compliance with international standards, with the State of Design providing necessary information to States of Registry. The State of Registry, in turn, is responsible for ensuring the airworthiness of individual aircraft within its jurisdiction. This regulatory framework applies to all entities and persons involved in civil aviation within Australia, encompassing the aircraft industry, operators, and other relevant stakeholders. The geographic reach of these regulations is national, aligning with Australia's obligations under international aviation conventions. Notably, while the issuance of ADs is a regulatory tool, specific ADs may be subject to cancellation, such as the recent cancellation of AD/BELL 412/26 for Bell 412 helicopters, without public consultation due to Australia's international commitments. The process for issuing and cancelling ADs is conducted by CASA, under the oversight of the Standards Development and Future Technology Division.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations that align with the Act's purpose and safety interests, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This necessitates providing necessary information to the State of Registry, which must develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as the regulatory body, plays a crucial role in issuing and reviewing ADs to comply with these international obligations and maintain safety standards.
Failure to adhere to the ADs or the regulatory requirements can lead to severe consequences. While specific offences and penalties are not detailed in the provided text, the overarching regulatory framework implies that non-compliance could result in enforcement actions, safety hazards, or other legal repercussions. CASA's authority to issue and cancel ADs, as seen with AD/BELL 412/26, underscores the importance of these directives in maintaining aviation safety standards. The cancellation of an AD without a replacement signifies the dynamic nature of aviation regulations and the need for continuous oversight to adapt to evolving safety requirements.