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 Authority, JCAB, has issued AD TCD-4114A-2006 affecting Kawasaki BK-117 model helicopters. Japan is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JBK 117/6, Amendment 4, which will become effective on 28 March 2006. This AD cancels and replaces the previous issue.
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, Airframes 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 a legislative framework governing civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations in the interest of aviation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The Civil Aviation Act 1988 was introduced to address the need for a comprehensive legal structure to manage the growing complexities of civil aviation, ensuring that safety standards are upheld and that the interests of the public are protected. The Act is overseen by the Commonwealth Parliament, with its policy objective centred on maintaining and enhancing the safety of air navigation in Australia, in alignment with international standards and obligations.
The Civil Aviation Safety Regulations 1998 were established to provide detailed provisions that support the overarching objectives of the Civil Aviation Act 1988. As a legislative instrument, ADs issued under the Act, such as AD/JBK 117/6, Amendment 4, which pertains to Kawasaki BK-117 model helicopters, are critical in maintaining the continuing airworthiness of aircraft registered in Australia. Given Australia's commitments under the Convention on International Civil Aviation and the responsibilities of the State of Design and State of Registry, CASA issues these directives to ensure compliance with international safety standards and to mandate necessary maintenance or modifications to aircraft. These measures are taken without public consultation, as they are in direct response to directives issued by the relevant State of Design, and are deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which include the issuance of airworthiness directives (ADs), applies to all aircraft and aeronautical products that are registered in Australia. As stipulated under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that pertain to the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under the Acts Interpretation Act 1901. The ADs are issued in response to the continuing airworthiness responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as having overarching responsibility for the airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. Consequently, CASA, as Australia's national airworthiness authority, is required to issue ADs when necessary to align with international standards and to ensure compliance with safety regulations.
Key Provisions
The main operative sections of this piece of legislation revolve around the issuance of airworthiness directives (ADs) as per section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations to ensure air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types and aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further specifies that ADs are legislative instruments, and thus subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These provisions outline the framework within which CASA can issue ADs, ensuring compliance with international standards set by Annex 8 to the Convention on International Civil Aviation.
Under these regulations, CASA has a set of obligations and requirements when issuing ADs. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design for aircraft types registered in Australia. Once an assessment is complete and if deemed necessary, CASA must issue an Australian AD to enforce the requirements of the State of Design. This process ensures that aircraft registered in Australia meet international safety standards and continue to be airworthy. Furthermore, CASA must adhere to the international obligation under the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry.
The legislation also addresses the consequences for breaches of the ADs. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil or criminal penalties. The specific penalties for non-compliance are not detailed in the provided text, but in general, such breaches could result in fines, imprisonment, or both, depending on the severity of the violation. The Civil Aviation Safety Regulations 1998 and other related legislation would provide further details on the exact penalties and enforcement mechanisms.
It is important to note that due to the international nature of the AD in question, no consultation with the Australian public was required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This ensures that the AD process is streamlined and responsive to international safety requirements, without the need for extensive local consultation or impact assessment.