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 Japan Civil Aviation Bureau (JCAB) has issued AD TCD-7494-2009 affecting Kawasaki BK 117 C-2 aircraft. JCAB is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/32, which will become effective on 27 August 2009.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology 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 comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to issue regulations in the interest of aviation safety, as outlined in section 98 of the Act. One such regulation, 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 considered legislative instruments under the Legislative Instruments Act 2003. The primary objective of these regulations is to uphold the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. When an AD is issued by a State of Design, such as the Japan Civil Aviation Bureau for Kawasaki BK 117 C-2 aircraft, CASA is mandated to evaluate and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft within Australia. This legislative framework applies to any aircraft registered in Australia, including both commercial and private entities operating within the Australian jurisdiction. The ADs are mandatory and apply to the specified types of aircraft or aeronautical products, ensuring that all such aircraft comply with the safety standards set forth by the relevant State of Design and subsequently adopted by CASA. Geographically, this Act operates within the Commonwealth of Australia, extending its jurisdiction to cover all aircraft registered under Australian laws, irrespective of where they are manufactured or primarily operated. However, the ADs do not require public consultation or a Regulatory Impact Statement, given their alignment with international civil aviation standards and obligations under the Convention on International Civil Aviation. The Act’s application can be further extended or specified through subordinate instruments, ensuring that it adapts to new safety requirements or technological advancements in aviation.
Key Provisions
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998 together provide a robust framework for the issuance and enforcement of airworthiness directives (ADs) to ensure the continuing safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. It is crucial to note that these ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act 1988 and its regulations, CASA, as Australia's national airworthiness authority, is tasked with the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design, such as the Japan Civil Aviation Bureau (JCAB), issues an AD for a type of aircraft registered in Australia, CASA must evaluate the AD and determine whether an Australian AD is necessary. This obligation is aligned with Australia's commitments under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. In the instance of JCAB's AD TCD-7494-2009 for Kawasaki BK 117 C-2 aircraft, CASA has issued Australian AD/JBK 117/32, which will take effect on 27 August 2009.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft operators and manufacturers, must comply with the ADs issued by CASA. These ADs may include directives for maintenance, repairs, inspections, and other actions necessary to ensure the airworthiness of the aircraft. Compliance with these directives is mandatory, and failure to adhere to the stipulated requirements can result in severe safety risks and legal consequences. CASA is also responsible for monitoring compliance and may take enforcement actions against non-compliant entities.
The Civil Aviation Act 1988 and related regulations impose significant penalties for non-compliance with ADs. Any breach of an AD may result in civil penalties, including fines, and criminal penalties, including imprisonment. The specific penalties can vary depending on the severity and nature of the breach. For example, under section 25 of the Civil Aviation Act 1988, an individual who contravenes a regulation may be liable for a fine of up to $162,000 or imprisonment for up to 12 months, or both. For corporations, the fines can be substantially higher, reflecting the potential risks to public safety posed by non-compliance with airworthiness requirements.