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 Japanese JCAB has issued AD No. TCD-6982-2006 affecting Kawasaki BK117 helicopters. Japan is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/JBK 117/25, which will become effective on 4 October 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 establish the legislative framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to create regulations that align with the Act’s objectives and the broader safety of air navigation. Specifically, the Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This legislative framework ensures that Australia complies with international standards and obligations, particularly in the context of the State of Design's responsibilities as outlined in Annex 8 of the Convention.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are necessary to ensure the continuing airworthiness of aircraft and are issued by states in accordance with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds responsibility for an aircraft type's continuing airworthiness and must provide essential information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs when necessary. In the instance of the Kawasaki BK117 helicopter AD issued by the Japanese Civil Aviation Bureau, CASA has assessed and issued Australian AD/JBK 117/25, which will become effective on 4 October 2006, in line with Australia's obligations under the Convention on International Civil Aviation and in response to the AD issued by the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, relevant to the issue of airworthiness directives (ADs), include sections 98 (subsection 84A(2)) and 39.001 (subregulation 39.001(5)). Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are issued in response to the State of Design's responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by the Act and the Regulations on the parties or entities they govern include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type. This includes issuing ADs, which are then assessed by CASA, Australia's national airworthiness authority. CASA must then issue Australian ADs if appropriate, to mandate the requirements of the State of Design. The State of Registry of an individual aircraft is also responsible for its continuing airworthiness, requiring the development or adoption of requirements to ensure that the aircraft remain airworthy. In the context of international cooperation, when the State of Design issues an AD, CASA must assess the information and issue an Australian AD if necessary, to align with the international standards and obligations.
Breaches of the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including the failure to comply with ADs, may lead to various offences and penalties. While the specific penalties are not detailed in the text, it is reasonable to assume that non-compliance with ADs could result in both civil and criminal consequences, depending on the severity of the breach. Civil penalties could include fines or other monetary sanctions, while criminal penalties might involve imprisonment or more severe consequences, depending on the jurisdiction and the nature of the offence. The exact penalties would be determined by the relevant authorities and courts, in accordance with the applicable laws and regulations.