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 2009-0199 affecting MBB BK-117 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 117/6 Amendment 6, which will become effective on 19 November 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is foundational legislation aimed at ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made pursuant to Australia's international obligations under the Convention on International Civil Aviation and serve as a critical tool for maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) is the national airworthiness authority mandated to issue ADs when required by the State of Design, ensuring compliance with international standards and the safety of aircraft on the Australian Register. This approach facilitates harmonisation with international practices and maintains the safety standards expected under global aviation conventions.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) can be issued in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning certain types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case Germany for the MBB BK-117 model helicopters, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Consequently, CASA, acting as Australia’s national airworthiness authority, assesses this information and issues Australian ADs to enforce the requirements established by the State of Design. The ADs are not subject to public consultation or a Regulatory Impact Statement as they are a direct response to international obligations and directives issued by the relevant State of Design. This process ensures that Australia complies with its international commitments while maintaining safety standards in its domestic aviation industry.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to establish regulations to 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) concerning specific kinds of aircraft or aeronautical products. These ADs are formal instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
An airworthiness directive, as outlined in subregulation 39.001(5), serves as a crucial mechanism for maintaining the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design bears primary responsibility for the ongoing airworthiness of an aircraft type, and must provide necessary information to ensure its safety. The State of Registry, on the other hand, must establish or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements for aircraft registered in Australia.
The recent issuance of AD/GBK 117/6 Amendment 6 by CASA, effective from 19 November 2009, pertains to MBB BK-117 model helicopters. This AD cancels and replaces the previous version in response to AD 2009-0199 issued by the European Aviation Safety Authority (EASA) on behalf of Germany, the State of Design for this aircraft type. Given that this AD is issued pursuant to Australia's obligations under the Convention on International Civil Aviation and in reaction to an AD from the relevant State of Design, no public consultation has been conducted on this directive. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
The Manager Initial Airworthiness in the Airworthiness and Engineering Branch has issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. This action underscores CASA's commitment to ensuring the safety and airworthiness of aircraft within Australia, aligning with international standards and obligations.