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 Civil Aviation Bureau has issued AD TCD-7496-2009 affecting Kawasaki BK 119 C2 model helicopters. Japan is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/JBK 117/33, which will become effective on 1 September 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 framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to create regulations in the interests of safety, which is further operationalised by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are a critical tool in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the States of Design and, where necessary, issuing corresponding Australian ADs to enforce these requirements. The issuance of ADs is driven by the need to uphold Australia's international obligations and ensure the safe operation of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products, as per regulation 39.001. These directives serve to ensure the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation and corresponding international standards. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901, and their creation adheres to the requirements set out in the Legislative Instruments Act 2003. The scope of these directives applies to the continuing airworthiness of aircraft registered in Australia, with CASA assessing and issuing ADs in response to those issued by the State of Design, such as the Japanese Civil Aviation Bureau's AD TCD-7496-2009 for Kawasaki BK 119 C2 model helicopters. These ADs mandate compliance with safety standards internationally recognised and enforced by Australia. Notably, such directives do not require public consultation or a Regulatory Impact Statement, given their basis in international obligations and immediate application to ensure safety and compliance within the Australian aviation sector.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This is further elaborated in the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type, ensuring they provide necessary information to States of Registry to support this responsibility. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. In the case of Australia, when an AD is issued by the State of Design, CASA, acting as the national airworthiness authority, must assess the directive and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with the airworthiness directives issued by CASA can lead to significant consequences. Section 98 of the Civil Aviation Act 1988 stipulates that non-compliance with CASA regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach. These penalties underscore the importance of adhering to the airworthiness directives to maintain the safety standards set by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.