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 European Aviation Safety Authority (EASA) has issued AD 2009-0048 affecting Eurocopter MBB-BK117 C-2 model helicopters. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/GBK 117/23, which will become effective on 3 April 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 was enacted to provide a framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legal structure to ensure the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations that promote the safety of air navigation, as evidenced in section 98. Complementing the Civil Aviation Act 1988 are the Civil Aviation Safety Regulations 1998, which further delineate the regulatory responsibilities of the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of these regulations authorises CASA to issue airworthiness directives (ADs) concerning aircraft types and aeronautical products. These directives are legislative instruments, as stipulated under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, subject to disallowance and regulated under the Legislative Instruments Act 2003.
The issuance of ADs is governed by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of aircraft types. In response to ADs issued by States of Design, such as the European Aviation Safety Authority's recent AD 2009-0048 concerning Eurocopter MBB-BK117 C-2 model helicopters, CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. This process underscores the importance of harmonised international regulations in maintaining the safety and integrity of the global aviation system.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes a comprehensive framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. In the case of aircraft designed by foreign states, such as the Eurocopter MBB-BK117 C-2 model helicopters covered by EASA’s AD 2009-0048, CASA is required to assess and, if necessary, issue corresponding Australian ADs, such as AD/GBK 117/23. This process ensures that Australian-registered aircraft meet international safety standards and obligations. Notably, these ADs are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives, as per subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments under section 6 of the Legislative Instruments Act 2003. The primary aim of these ADs is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA to act on ADs issued by the State of Design of an aircraft type, in this case, the European Aviation Safety Authority (EASA) on behalf of Germany, the State of Design for the Eurocopter MBB-BK117 C-2 model helicopters. CASA must assess the foreign AD and, if appropriate, issue an Australian AD, such as AD/GBK 117/23, which mandates compliance with the design state’s requirements. This process ensures that Australian aircraft maintain the necessary safety standards as dictated by international agreements.
Failure to comply with these ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties for individuals and corporations, which may include fines and imprisonment. The severity of the penalty is determined by the nature of the breach and can vary significantly. For example, an individual might face a substantial fine or imprisonment for a serious breach, whereas a corporation could face fines that can run into the hundreds of thousands of dollars, depending on the gravity of the non-compliance. Additionally, aircraft found to be non-compliant may be grounded, preventing them from operating until the necessary compliance measures are implemented. These stringent measures underscore the importance of adhering to the ADs to ensure the safety and integrity of air navigation.