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-2005-25 affecting Bell 430 model helicopters. Canada is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BELL 430/2 which will become effective on 29 September 2005.
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, establishes the legislative framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation is found in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to ensure that aircraft maintain their airworthiness, thereby enhancing aviation safety. This is particularly important in the context of international obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure an aircraft type's continuing airworthiness. CASA, as Australia's national airworthiness authority, must then assess and, if necessary, issue Australian ADs to enforce these requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. This regulatory power is exercised to ensure the safety of air navigation and aligns with international obligations under Annex 8 to the Convention on International Civil Aviation. The scope of this legislation applies to all entities involved in the operation and maintenance of aircraft registered within Australia, including airlines, maintenance providers, and aircraft manufacturers. It also extends to the State of Design for aircraft types, which is responsible for ensuring the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must evaluate the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of this legislation is national, as CASA is tasked with upholding airworthiness standards across all Australian-registered aircraft. Notably, this Act does not require public consultation or a Regulatory Impact Statement for ADs, reflecting the urgency and critical nature of ensuring aviation safety.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001 (subsection 5). These ADs are legislative instruments, subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The ADs are a means by which the continuing airworthiness of aircraft types is managed and are issued by the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia's case is CASA, has the responsibility to ensure the continuing airworthiness of the aircraft and to mandate any requirements specified in an AD issued by the State of Design.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations include the requirement for CASA to assess any ADs issued by the State of Design and to issue corresponding Australian ADs if necessary. This is to ensure compliance with international safety standards and Australia’s obligations under the Convention on International Civil Aviation. CASA must ensure that the ADs issued are in line with the safety requirements stipulated by the State of Design, and they must be enforced to maintain the airworthiness of the aircraft registered in Australia.
The Act and accompanying Regulations also provide for civil and criminal consequences for non-compliance with ADs. Section 98 of the Civil Aviation Act 1988 allows for the imposition of penalties for breaches of regulations, including fines and imprisonment. The exact penalties are not detailed in the provided text, but it is clear that failure to comply with an AD can result in serious legal consequences. The severity of these penalties underscores the importance of adhering to the airworthiness directives to maintain safety standards in civil aviation.