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.
The JCAB has issued AD TCD-7309-2009 affecting Kawasaki-Bell 47 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 47/103, which will become effective on
29 June 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes& Structures 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 Parliament of Australia, was introduced to regulate the safety of air navigation and ensure the continued airworthiness of aircraft within Australia's jurisdiction. The Act empowers the Governor-General to make regulations for these purposes, aligning with international safety standards and obligations. One of the key provisions of the Act is the ability to issue airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, which serve as a mechanism for the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The objective of these regulations is to maintain high safety standards in the aviation industry, in line with international conventions such as the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness and requires States of Registry to implement necessary measures. In the case of international ADs, CASA, as Australia's national airworthiness authority, assesses and issues corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, evaluates the information and may issue an Australian AD to enforce the requirements. This process is exemplified by the issuance of AD TCD-7309-2009 by the JCAB concerning Kawasaki-Bell 47 model helicopters, with Japan as the State of Design, leading to CASA's issuance of Australian AD/BELL 47/103 effective from 29 June 2009. Given that these directives arise from international obligations and are responses to directives from the relevant State of Design, no public consultation is required, and the ADs do not necessitate a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of a type to appropriate States of Registry. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process is exemplified by AD TCD-7309-2009 issued by the Japan Civil Aviation Bureau (JCAB) affecting Kawasaki-Bell 47 model helicopters, which CASA has assessed and issued as Australian AD/BELL 47/103.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities governed by the Act include the requirement for States of Design to provide necessary information to States of Registry to ensure the continuing airworthiness of aircraft types. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. For Australian entities, CASA, as the national airworthiness authority, must assess any ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs. This process ensures that aircraft registered in Australia meet the necessary safety standards. Furthermore, the Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA is tasked with making such ADs in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public when issuing ADs due to Australia's obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. Therefore, there are no specific offences, penalties, or civil/criminal consequences outlined for breach of the ADs themselves within the provided text. However, failure to comply with an AD could potentially lead to civil or criminal liability under other provisions of the Civil Aviation Act 1988 or associated regulations, particularly if non-compliance results in an aircraft being operated in an unsafe condition.