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 2009-0093-E affecting Eurocopter MBB-BK 117 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 117/24, which will become effective on 4 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 was enacted to ensure the safety of air navigation within Australia, delegating powers to the Governor-General to issue regulations that serve this purpose. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. In response to an AD issued by the European Aviation Safety Authority for Eurocopter MBB-BK 117 C-2 model helicopters, CASA has issued its own directive, AD/GBK 117/24, which will take effect on 4 June 2009. This action underscores Australia's commitment to international aviation safety standards and the practical implementation of these standards at a national level. Given the nature of these directives, they are considered legislative instruments and do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued, governing the safety of air navigation in Australia. The Act and the Regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds overall responsibility for an aircraft type's airworthiness, and the State of Registry must implement measures to maintain airworthiness. CASA, as Australia's national airworthiness authority, evaluates ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of the Eurocopter MBB-BK 117 C-2 model helicopters, and subsequently issues corresponding Australian ADs as necessary. This process ensures compliance with international standards and does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is granted under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. These ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003.
The obligations imposed by these ADs are primarily on the State of Registry, which in the context of Australian aircraft, is CASA. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet the international standards for continuing airworthiness as mandated by Annex 8 to the Convention on International Civil Aviation. Additionally, these obligations include ensuring that all relevant stakeholders, such as aircraft owners and operators, comply with the ADs issued by CASA.
Breaches of the requirements set out in these ADs can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with airworthiness directives can result in civil or criminal penalties. These could include fines, imprisonment, or other sanctions as prescribed by relevant aviation safety laws. The seriousness of the consequences underscores the critical importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating in Australian airspace.