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 412/5 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, Systems and New Technologies 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 Parliament of Australia, was introduced to regulate civil aviation and ensure the safety of air navigation. One of its key provisions is the ability for the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft in alignment with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 and its accompanying regulations are designed to uphold safety standards and ensure that aircraft meet necessary safety criteria, thereby protecting the public and facilitating safe air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, confer upon the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments as outlined under subregulation 39.001(5) and are subject to disallowance provisions under the Acts Interpretation Act 1901. The ADs are issued to ensure the continuing airworthiness of aircraft, with the State of Design having overall responsibility under Annex 8 of the Convention on International Civil Aviation. The State of Registry is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. This legislative framework applies to all aircraft registered in Australia and to the entities responsible for their maintenance and operation. The geographic scope of this legislation is national, with the ADs being applicable across the Commonwealth of Australia. However, the ADs must also align with international standards set forth by the Convention on International Civil Aviation, ensuring a consistent approach to aircraft safety globally. The ADs do not require consultation with the public or a Regulatory Impact Statement as per the Office of Best Practice Regulation, given their technical nature and the international obligations they serve. The issuance and cancellation of these directives are overseen by the Manager, Systems and New Technologies within CASA’s Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations intended to ensure the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that all aircraft operating in Australia meet safety standards set forth by the state. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them subject to legislative scrutiny. Additionally, under section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments.
The obligations imposed by these regulations are primarily on CASA and the State of Registry of an individual aircraft. CASA, as the regulatory body, must ensure that all ADs are issued in compliance with international standards and Australia's obligations under the Convention on International Civil Aviation. The State of Registry, on the other hand, has the responsibility to implement and enforce the requirements stipulated in the ADs to maintain the continuing airworthiness of the aircraft registered under its jurisdiction. Annex 8 to the Convention mandates that the State of Design must provide necessary information to the State of Registry to support these efforts.
Failure to comply with the ADs can lead to severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences that can be incurred through non-compliance with ADs. These include both civil and criminal penalties, with maximum penalties varying depending on the severity of the breach. For example, individuals or entities found guilty of operating an aircraft in violation of an AD may face substantial fines or imprisonment. Such measures underscore the importance of adhering to ADs to ensure the safety and integrity of air navigation.
CASA has the authority to cancel an AD if it determines that the directive is no longer necessary or if it conflicts with international obligations. This was the case with AD/BELL 412/5 Amendment 1, which affected Bell 412 aircraft. CASA reviewed this directive and decided to cancel it, effective from 18 December 2008, without the need for a replacement. The cancellation was made in accordance with the legislative requirements outlined in the Act, and no consultation with the Australian public was deemed necessary as it did not require a Regulatory Impact Statement according to the Office of Best Practice Regulation. The Manager, Systems and New Technologies in the Airworthiness Engineering Group issued the cancellation on behalf of CASA, in compliance with subsection 84A(2) of the Act.