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 250/20 Amendment 1 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/20 Amendment 1. 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 provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of air navigation safety. Specifically, under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are designed to address safety issues and are aligned with international standards set by the Convention on International Civil Aviation. The policy objective underpinning these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, thereby enhancing aviation safety within Australia and its alignment with global safety standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the framework for the regulation of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations aimed at ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are recognised as essential for the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must furnish necessary information to ensure compliance with safety standards, while the State of Registry, in this case CASA, is responsible for enforcing these standards domestically. Consequently, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to mandate the required safety measures. This process ensures that Australian-registered aircraft meet international safety standards, thereby maintaining the high level of safety in Australian civil aviation.
Key Provisions
The key provisions of the Civil Aviation (Safety Regulations) Instrument 2009 (F2009L01922) revolve around the issuance and management of airworthiness directives (ADs) as detailed in section 39.001 of the Civil Aviation Safety Regulations 1998. Section 39.001(5) specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft types, aligning with the obligations set forth in Annex 8 of the Convention on International Civil Aviation. Accordingly, the State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is tasked with implementing and ensuring the continuing airworthiness of individual aircraft.
Entities governed by these regulations, particularly the Civil Aviation Safety Authority (CASA), must rigorously assess and respond to ADs issued by States of Design. When an AD is issued by the State of Design for a type of aircraft on the Australian Register, CASA is obligated to evaluate this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft comply with international safety standards and maintain their airworthiness. CASA’s role includes the assessment of ADs and the subsequent issuance, modification, or cancellation of Australian ADs based on safety evaluations.
In terms of obligations, CASA, as Australia's national airworthiness authority, must ensure that all ADs issued under section 39.001 are appropriately managed and communicated. This involves thorough assessment and timely action to maintain the safety of aircraft registered in Australia. The cancellation of AD/AL 250/20 Amendment 1 affecting Allison Turbine Engines 250 series exemplifies this process, where CASA cancelled the AD because the unsafe condition no longer existed, effective from 4 June 2009. No replacement AD was required, and this decision was made in accordance with Australia’s obligations under the Convention on International Civil Aviation.
Regarding offences and penalties, the legislation does not specify particular criminal or civil penalties for non-compliance with ADs within the Civil Aviation Safety Regulations 1998. However, the failure to comply with ADs can lead to significant safety risks and potential legal repercussions under the broader framework of the Civil Aviation Act 1988. The authority to issue ADs and the obligation to comply with them are fundamental to maintaining the safety of air navigation and ensuring that aircraft remain airworthy. Therefore, any non-compliance could result in enforcement actions, penalties, or other regulatory consequences as prescribed by the overarching civil aviation legislation.