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 47/87 Amendment 1 affecting Bell 47 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 to ensure the safety and efficiency of civil aviation in Australia, was introduced to address the need for stringent regulatory frameworks governing airworthiness and safety standards in the aviation sector. This Act empowers the Governor-General to make regulations that serve the interests of safe air navigation, with a specific focus on ensuring the airworthiness of aircraft. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 provide mechanisms for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. The authority to issue these directives stems from section 39.001 of the Regulations, which aligns with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The Act ensures that CASA, or its predecessors, can issue, review, and cancel airworthiness directives as necessary, reflecting Australia's commitment to international safety standards and obligations. The cancellation of a particular airworthiness directive, such as AD/BELL 47/87 Amendment 1, is conducted in accordance with the legislative framework and does not require public consultation due to its alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, with the primary aim of ensuring the safety of air navigation. ADs are essential for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing overall responsibility for an aircraft type's airworthiness and the State of Registry responsible for individual aircraft. The Civil Aviation Safety Regulations 1998 also outline that ADs are disallowable instruments, subject to the oversight and processes prescribed by relevant legislation. The cancellation of a specific AD, such as AD/BELL 47/87 Amendment 1 for Bell 47 model aircraft, reflects adherence to international obligations under the Convention on International Civil Aviation and signifies that no replacement AD is necessary. This process is conducted without public consultation and does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue such ADs is exercised by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the statutory provisions of the Civil Aviation Act 1988.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that support the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is a crucial mechanism for maintaining the safety and airworthiness of aircraft operating in Australia.
Airworthiness directives, as specified in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring that aircraft meet the necessary safety standards and continue to be airworthy. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to the appropriate States of Registry. This ensures that all relevant parties have the information needed to maintain the airworthiness of the aircraft.
CASA has issued, reviewed, and subsequently cancelled AD/BELL 47/87 Amendment 1, which affected Bell 47 model aircraft. This cancellation is effective from 12 February 2009, and no replacement AD is required. This action aligns with Australia’s obligations under the Convention on International Civil Aviation. Given the nature of this cancellation, no consultation with the Australian public was conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. The cancellation was 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.
The obligations imposed by these regulations include ensuring that aircraft meet specific safety standards and that any necessary maintenance or modifications are carried out as directed by CASA. Failure to comply with airworthiness directives can result in severe consequences. Civil penalties may include fines, and criminal penalties could involve imprisonment, reflecting the serious nature of ensuring air safety. The maximum penalties are outlined in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, underscoring the importance of adhering to these directives.