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 German LBA has issued AD D-1994-280R3 affecting Eurocopter BK117 model helicopters. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/GBK 117/6, Amendment 3, which will become effective on 19 January 2006. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework governing civil aviation in Australia, addressing various aspects of safety, efficiency, and regulation in the industry. This Act empowers the Governor-General to make regulations for the safety of air navigation, thereby ensuring that the highest standards of airworthiness and operational safety are maintained. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations also provide that airworthiness directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation and the responsibilities of the State of Design and Registry as outlined in Annex 8.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as per regulation 39.001, ensuring compliance with the Act’s safety objectives. The issuance of an AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory framework applies to entities such as aircraft manufacturers, operators, and maintenance service providers, ensuring the continuing airworthiness of aircraft registered in Australia. The scope of the Act extends nationally, adhering to Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design, in this case, Germany, provides necessary information for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is tasked with assessing and, when appropriate, issuing Australian ADs in response to directives from the State of Design. The ADs are designed to enforce the safety standards set forth by the relevant State of Design, with no requirement for public consultation or a Regulatory Impact Statement as per the Office of Regulatory Review's determination.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, enabling the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This provision allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Notably, according to section 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988, CASA must ensure the continuing airworthiness of aircraft registered in Australia. This obligation is derived from Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design (the country where the aircraft is designed) has the overarching responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide all necessary information to ensure the airworthiness of its aircraft types to the States of Registry (where the aircraft is registered). CASA, as Australia's national airworthiness authority, is responsible for assessing this information and issuing Australian ADs if necessary to enforce the requirements specified by the State of Design.
In the case of the German LBA's AD D-1994-280R3, which pertains to Eurocopter BK117 model helicopters, Germany is the State of Design. CASA has assessed this directive and subsequently issued Australian AD/GBK 117/6, Amendment 3, effective from 19 January 2006. This Australian AD cancels and replaces the previous version. Given that this directive is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation with the Australian public has been required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with an AD can result in significant legal consequences. Section 98A of the Civil Aviation Act 1988 outlines that a person must not operate an aircraft unless it complies with ADs. This requirement is enforceable under section 134 of the Act, which stipulates that any contravention of an AD can lead to civil penalties. Specifically, for corporations, the maximum penalty can reach $525,000, while for individuals, the penalty may be up to $105,000. Additionally, serious non-compliance may result in criminal charges, with potential imprisonment terms specified under the Act. Thus, adherence to ADs is crucial to ensure the safety and airworthiness of aircraft operating in Australia.