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 TCD-7000-1-2008 affecting Kawasaki BK117 series helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/36, which will become effective on
24 December 2010.
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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation within Australia. In line with its objectives, the Act empowers the Governor-General to make regulations for the safety of air navigation, thereby facilitating the oversight and management of airworthiness standards. One such regulation, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as per the requirements set out in Annex 8 to the Convention on International Civil Aviation. Given the international obligations and the need to align with the directives issued by the State of Design, CASA issues corresponding ADs to ensure compliance and safety in Australian airspace.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under this legislation, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products, ensuring that these directives are in line with international standards set by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance follows rigorous assessment processes to maintain the airworthiness of aircraft registered in Australia. The application of ADs is inherently international, as they are issued in response to actions by the State of Design, which, in this case, is Japan for the Kawasaki BK117 series helicopters. CASA's role includes evaluating the necessity and appropriateness of these directives, which may lead to the issuance of an Australian AD to enforce the State of Design's requirements. The scope of these regulations applies to all entities involved in the registration and operation of aircraft in Australia, and their implementation does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to enact regulations that promote the safety of air navigation (section 98). The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. This authority is exercised to ensure that the aircraft meet the required safety standards. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that an AD is a disallowable instrument as defined by section 46A of the Acts Interpretation Act 1901. Consequently, in line with section 6 of the Legislative Instruments Act 2003, an AD qualifies as a legislative instrument.
Under the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with ensuring that Australian aircraft meet international safety standards. Specifically, when a State of Design issues an AD for an aircraft type registered in Australia, CASA must review the directive and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, the Japanese Civil Aviation Bureau (JCAB) issued AD TCD-7000-1-2008 for Kawasaki BK117 series helicopters, and CASA subsequently issued Australian AD/JBK 117/36, effective from 24 December 2010.
In terms of compliance, the ADs are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility of ensuring continuing airworthiness on the State of Design and the State of Registry. The State of Design must provide necessary information to maintain airworthiness, while the State of Registry must implement requirements to ensure the aircraft’s airworthiness. CASA's role is to assess and, if necessary, mandate these requirements domestically.
The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as they are based on international obligations and pre-existing ADs from the relevant State of Design. CASA issues the ADs in accordance with section 94(1) of the Act, ensuring that the requirements are implemented through the Airworthiness and Engineering Branch. Failure to comply with these ADs can result in severe consequences, including potential civil or criminal penalties, depending on the severity of the breach and the impact on aviation safety.