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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Transport Canada has issued AD CF-2004-21R2 affecting Bell 430 model helicopters. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BELL 430/1, Amendment 3, which will become effective on 21 December 2006. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to provide a comprehensive legal framework for civil aviation in Australia. The Act allows the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments to mandate requirements for the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD to enforce the requirements domestically. This ensures that Australian-registered aircraft meet international safety standards, thereby addressing the need for a unified approach to airworthiness across different jurisdictions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with the Act and enhancing air navigation safety. These ADs, as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, mandate requirements for the continuing airworthiness of aircraft registered in Australia. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to implement the requirements. This process is driven by Australia's obligations under the Convention on International Civil Aviation, where the State of Design holds responsibility for continuing airworthiness information, and the State of Registry enforces these requirements within its jurisdiction. The ADs are issued without public consultation due to their international nature, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, and specifically under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the responsibility of the State of Design, such as Canada in this case, to provide any necessary information to ensure the continuing airworthiness of the aircraft type. This aligns with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide essential information to the appropriate States of Registry. The State of Registry, in this instance CASA acting on behalf of Australia, must then assess this information and issue an Australian AD if deemed necessary to ensure the aircraft's continuing airworthiness. This ensures compliance with international standards and the specific regulatory framework set by Australia.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The potential penalties for such offences can include fines and, in some cases, imprisonment. The specific penalties can vary depending on the severity of the breach and the particular circumstances surrounding it. For example, under the Civil Aviation Regulations, an individual could face fines of up to $22,200 and/or imprisonment for up to 12 months for minor breaches, whereas more serious breaches could result in fines of up to $222,000 and/or imprisonment for up to 10 years. Civil penalties may also apply, including the possibility of CASA imposing a civil penalty order, which can include financial penalties of up to $1,110,000 for corporations and $22,200 for individuals.
The issuance of the Australian AD/BELL 430/1, Amendment 3, as a response to the AD issued by Transport Canada, demonstrates the international coordination required to maintain air safety standards. As the AD is issued under Australia's obligations to the Convention on International Civil Aviation, and it is a direct response to an AD raised by the relevant State of Design, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.