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 JCAB has issued AD TCD-6850-2006 affecting Kawasaki BK117 aircraft. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/24, which will become effective on 15 May 2006.
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, New Technologies and Systems, 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 framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory provisions, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 outline the conditions under which the Civil Aviation Safety Authority (CASA) may issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations, while CASA, as Australia’s national airworthiness authority, is tasked with assessing and implementing ADs issued by the relevant States of Design to mandate necessary safety requirements for aircraft on the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety. These directives are legislative instruments that mandate compliance with continuing airworthiness standards as outlined by the Convention on International Civil Aviation. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, evaluates this information and may issue an Australian AD to enforce the requirements. For instance, an AD TCD-6850-2006 issued by Japan concerning Kawasaki BK117 aircraft was assessed by CASA and subsequently led to the issuance of Australian AD/JBK 117/24. This AD is not subject to public consultation or a Regulatory Impact Statement due to its international obligations and specific regulatory framework. The AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, as mandated under section 98 of the Civil Aviation Act 1988. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft types as outlined in Annex 8 of the Convention on International Civil Aviation. Essentially, ADs are the primary means through which states communicate necessary information to ensure that aircraft remain airworthy.
When the State of Design, which holds the overall responsibility for the continuing airworthiness of a particular aircraft type, issues an AD, CASA must review the information and determine if it is necessary to issue an Australian AD. This process is in line with Annex 8, which mandates that the State of Registry, where the individual aircraft is registered, must implement requirements to ensure the aircraft’s continuing airworthiness. For instance, AD TCD-6850-2006, issued by Japan concerning Kawasaki BK117 aircraft, was assessed by CASA and subsequently resulted in the issuance of Australian AD/JBK 117/24, effective from 15 May 2006.
Obligations under the Act and the Regulations require CASA to rigorously assess any AD issued by the State of Design and, if deemed necessary, to issue a corresponding AD for Australia. This ensures that Australian-registered aircraft meet international safety standards. Additionally, the State of Registry must ensure that the continuing airworthiness of its aircraft is maintained in accordance with the requirements set out in the ADs issued by the State of Design. CASA’s role includes monitoring compliance and ensuring that operators of affected aircraft adhere to the mandated requirements.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. For example, if an aircraft operator fails to comply with an AD, CASA may take enforcement actions, which can include fines or prosecution. The specific penalties depend on the severity of the breach and may vary. In some cases, CASA can impose fines of up to $21,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment for serious violations. Therefore, adherence to ADs is not only a legal obligation but also a critical safety measure to ensure the continued safe operation of aircraft within Australia’s airspace.