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-2007-04 affecting Bell Helicopter 430 series helicopters. Canada is the State of Design for this helicopter series. CASA has assessed this AD and has issued Australian AD/BELL 430/10 which will become effective on 5 July 2007.
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, New Technologies and Systems, 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, enacted by the Australian Parliament, is the foundational legislation governing the regulation of civil aviation within Australia. It was introduced to ensure the safety, efficiency, and orderly development of civil aviation, fulfilling Australia's obligations under the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with a primary policy objective of safeguarding public safety and maintaining the highest standards of aviation safety. Under this Act, the Civil Aviation Safety Regulations 1998 were also enacted to provide detailed provisions for the regulation of airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards and obligations, particularly under Annex 8 of the Convention on International Civil Aviation. The issuance of Australian airworthiness directives, such as AD/BELL 430/10, is a direct response to directives issued by the State of Design and ensures compliance with international agreements and safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, ensuring compliance with the safety standards outlined in the Civil Aviation Act 1988. These ADs serve as regulatory instruments for maintaining the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation. The State of Design is primarily responsible for providing necessary information to maintain airworthiness, and the State of Registry must implement these directives to ensure that individual aircraft meet required safety standards. In the case of ADs issued by other nations, CASA is obligated to assess and, if deemed necessary, issue corresponding Australian ADs. The process of issuing these directives does not require public consultation or a Regulatory Impact Statement, as it pertains to international safety standards and regulatory obligations. These directives apply to all entities and individuals involved in the operation, maintenance, and certification of aircraft within Australia, thereby ensuring a uniform approach to aviation safety across the country.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901, as outlined in subregulation 39.001(5).
The obligations imposed by these regulations include ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country responsible for the design of the aircraft, must provide any necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Breaching the obligations or requirements set out in these regulations can result in various penalties and consequences. However, specific offences, penalties, or civil/criminal consequences for non-compliance with ADs are not detailed in the provided text. It is important to note that the issuance of ADs is based on international obligations and the need to maintain the safety of air navigation, and therefore, public consultation is not required for these directives. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.