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 Civil Aviation Safety Authority or its predecessors issued AD/AL 250/14 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/14. The cancellation will become effective on 4 June 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. 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 ADs are legislative instruments subject to disallowance and are intended to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and may issue Australian ADs to enforce necessary safety measures. In instances where ADs are cancelled, such as with AD/AL 250/14 affecting Allison Turbine Engines 250 series, it is due to the resolution of the unsafe conditions identified, and no public consultation is required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives serve as legislative instruments, in line with section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 supports these regulations by delegating the authority to the Governor-General for the purpose of ensuring air navigation safety. ADs are issued under the purview of Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is accountable for the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs as necessary to uphold the safety standards. The cancellation of Australian AD/AL 250/14 concerning Allison Turbine Engines 250 series exemplifies this process, reflecting Australia's compliance with international obligations and the cessation of an unsafe condition.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including issuing airworthiness directives (ADs), to ensure the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003.
These ADs serve as a means of maintaining the continuing airworthiness of aircraft types and aeronautical products. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. When an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to mandate the requirements set by the State of Design.
In the specific case of AD/AL 250/14, which affected Allison Turbine Engines 250 series, CASA has assessed the information and decided to cancel the Australian AD. This cancellation is due to the unsafe condition no longer existing, and it will become effective on 4 June 2009. No replacement AD is required as the unsafe condition has been resolved. Given the cancellation's basis in Australia's obligations under the Convention on International Civil Aviation, no public consultation on the AD cancellation has taken place. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This legislative framework ensures that ADs are issued and managed in a manner that aligns with international standards and maintains the safety of air navigation within Australia. The obligations and requirements imposed by the Act and its associated regulations are designed to maintain the highest standards of airworthiness and safety, ensuring that all parties involved are held to these standards. Failure to comply with these provisions can result in severe penalties and consequences, which may include civil or criminal charges, depending on the nature and severity of the breach.