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 250/16 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/16. 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 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The enactment of this legislation addresses the need for comprehensive regulatory oversight to maintain the safety and airworthiness of aircraft operating in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that aircraft meet the necessary safety standards, thereby protecting public safety and facilitating international cooperation in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. Under this legislative framework, CASA can issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards, as outlined in regulation 39.001. The ADs serve as legislative instruments that are subject to disallowance and are issued in accordance with Australia's international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The ADs issued by CASA are a critical tool for ensuring the continuing airworthiness of aircraft registered in Australia, and the process for issuing these directives is governed by the requirements set out in the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This is further clarified under subregulation 39.001(5), which states that ADs are disallowable instruments and thus considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA, as Australia's national airworthiness authority, to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This aligns with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of ensuring the continuing airworthiness of aircraft on the State of Registry. The State of Design is responsible for providing the necessary information to ensure that aircraft types remain airworthy, and it is CASA's duty to interpret and implement these requirements within Australia.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that breaches of airworthiness directives could result in enforcement actions against individuals or entities. These actions might include fines, suspension or revocation of airworthiness certificates, or other administrative penalties. Such measures are typically aimed at ensuring that aircraft remain safe and compliant with regulatory standards, thereby protecting public safety and maintaining the integrity of Australia's aviation safety framework.