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 250/21 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/21. 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, governs matters related to civil aviation in Australia, including the issuance of airworthiness directives. The Act was introduced to ensure the safety and regulation of air navigation in the country. As per section 98 of the Act, the Governor-General has the authority to create regulations in the interest of air navigation safety, which is further elaborated in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. In line with international standards, Australia's obligations under the Convention on International Civil Aviation dictate that CASA must assess and potentially issue Australian airworthiness directives when the State of Design issues directives for aircraft on the Australian register. This process ensures the continuing airworthiness of aircraft within the country, aligning with the broader objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under this framework, CASA has the authority to issue airworthiness directives (ADs) that mandate safety requirements for specific types of aircraft or aeronautical products. These ADs are legislative instruments that fall within the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with the obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires States of Registry to implement necessary measures to ensure ongoing airworthiness. CASA is mandated to assess ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs to enforce these requirements. The issuance and cancellation of ADs are governed by these legislative instruments, and the process does not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety and airworthiness of aircraft within Australian airspace. Specifically, section 98 of the Act allows the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) of the Regulations clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include ensuring the continuing airworthiness of aircraft types and individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and it must provide all necessary information to the States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure that individual aircraft maintain their airworthiness. In Australia, CASA, as the national airworthiness authority, is responsible for assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that the requirements of the State of Design are mandated within Australia.
The Civil Aviation Safety Regulations 1998 establish the process through which ADs are issued and managed. In the case of Allison Turbine Engines 250 series, CASA assessed the AD/AL 250/21 and determined that the unsafe condition no longer existed, leading to the cancellation of the AD effective from 4 June 2009. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required. The AD was issued 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.
Breach of the provisions related to airworthiness directives can have significant consequences. While the specific offences and penalties for non-compliance are not detailed in the provided text, it is clear that failure to adhere to ADs can lead to severe civil or criminal penalties. These may include fines, imprisonment, or both, reflecting the critical importance of adhering to airworthiness directives to maintain safety standards in aviation.