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 47/34 affecting Bell 47G-3-B1 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 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, 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 Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation activities and safety standards. One of the mechanisms through which the Civil Aviation Safety Regulations 1998, made under the Act, are enforced is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that the State of Registry of an aircraft is responsible for ensuring its continuing airworthiness, with ADs being a primary tool for achieving this. The legislative process for creating and cancelling such ADs is designed to align with international obligations and domestic safety requirements, ensuring that the aviation industry adheres to high safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) as the key regulatory body responsible for issuing airworthiness directives (ADs). These ADs apply to specific kinds of aircraft or aeronautical products and are legislative instruments under the Acts Interpretation Act 1901. The ADs aim to ensure the continuing airworthiness of aircraft types and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, which places responsibility for the airworthiness of aircraft with the State of Registry, in this case, CASA. The AD/BELL 47/34 for Bell 47G-3-B1 model aircraft, issued by CASA, has been cancelled due to these international obligations, effective 12 February 2009, without the need for a replacement AD. The cancellation process did not require public consultation or a Regulatory Impact Statement, and it was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (subsection 5). These directives, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, serve as critical mechanisms for maintaining the safety and airworthiness of aircraft types. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that align with the Act and prioritise air navigation safety. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type, ensuring all necessary information is provided to the States of Registry. Conversely, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
Under these provisions, CASA has the authority to issue ADs affecting specific kinds of aircraft or aeronautical products. For instance, CASA or its predecessors issued AD/BELL 47/34 targeting Bell 47G-3-B1 model aircraft. However, due to Australia’s obligations under the Convention on International Civil Aviation, CASA has reviewed and subsequently cancelled this AD, effective from 12 February 2009. This cancellation has been made without public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, has executed this cancellation in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations are significant. CASA must ensure that ADs are issued to maintain airworthiness standards and are aligned with international obligations. The State of Design must provide all necessary information to the States of Registry to support the continuing airworthiness of aircraft types. The State of Registry, on the other hand, must develop or adopt appropriate requirements to ensure the airworthiness of individual aircraft within its jurisdiction. Failure to comply with these directives can result in severe consequences, including the potential grounding of aircraft, which could lead to civil or criminal liabilities. The exact nature and severity of penalties are determined by the specific breaches and the context in which they occur, but they may include significant fines and imprisonment.