CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 Japanese JCAB has issued AD TCD-6590-2005 affecting Kawasaki built BK 117 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/23, which will become effective on 6 May 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that safeguard air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are crucial for maintaining the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, Australia’s national airworthiness authority, CASA, evaluates and, if necessary, issues corresponding Australian ADs to ensure compliance with international obligations. The issuance of Australian AD/JBK 117/23 in response to a Japanese AD for Kawasaki BK 117 helicopters exemplifies this process. Given the international context and specific regulatory requirements, these ADs do not require public consultation or a Regulatory Impact Statement, aligning with the policy objective of efficiently managing airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, provides a legislative framework within which airworthiness directives (ADs) can be issued, primarily under section 98 and regulation 39.001. These ADs apply to the types of aircraft and aeronautical products specified by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The State of Design, in this case Japan, has the responsibility for the continuing airworthiness of the aircraft type, while the State of Registry, represented by CASA in Australia, is responsible for the continuing airworthiness of individual aircraft. Consequently, when Japan issues an AD for Kawasaki BK 117 model helicopters, CASA must assess and, if necessary, issue an Australian AD to comply with international obligations under the Convention on International Civil Aviation. This specific AD, AD/JBK 117/23, became effective on 6 May 2005, and due to its international nature, it did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legally binding legislative instruments, as specified in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901. Furthermore, according to section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This responsibility includes providing any necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the directive and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In the context of the Kawasaki BK 117 model helicopters, Japan, as the State of Design, has issued AD TCD-6590-2005. CASA has evaluated this AD and subsequently issued Australian AD/JBK 117/23, which will take effect on 6 May 2005. Given that this AD 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 public consultation was required. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
CASA issued this AD under the authority granted by subsection 84A(2) of the Act. The Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, made this legislative instrument in compliance with the statutory framework.
Under this Act, ADs impose specific obligations on the parties involved. Aircraft operators must comply with the ADs issued for their aircraft types. This includes following any maintenance, repair, or operational requirements specified in the AD. Failure to comply with an AD can result in severe civil and criminal penalties, as ADs are legally binding legislative instruments. The maximum penalties for non-compliance can vary depending on the specific circumstances and the severity of the breach, but they may include fines and potential imprisonment.