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 250/31 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/31. 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 to establish and regulate the aviation industry in Australia, includes provisions for the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as critical instruments in ensuring the safety of air navigation, with the Civil Aviation Safety Authority (CASA) authorised to issue them for specific types of aircraft or aeronautical products. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901, and their creation and cancellation must adhere to the guidelines set forth in the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus provides the legislative framework within which CASA operates to maintain the airworthiness of aircraft registered in Australia, reflecting the country's commitment to international civil aviation standards and safety.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly as amended through F2009L01920, pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to aircraft and aeronautical products registered in Australia, ensuring their continued airworthiness in compliance with international standards set forth by the Convention on International Civil Aviation. The scope of the ADs extends to all entities responsible for the maintenance and safety of aircraft within Australia, including aircraft operators, manufacturers, and other relevant stakeholders. The geographic jurisdiction of this Act is national, with CASA acting as the regulatory body overseeing compliance across Australia. The issuance of ADs by CASA is a legislative instrument, subject to disallowance and review as per the Legislative Instruments Act 2003. No specific exclusions or thresholds are mentioned in the text, but the ADs are designed to address specific safety concerns identified by the State of Design and adopted by the State of Registry, in this case, CASA. The application of ADs can be extended or restricted through subordinate instruments, reflecting CASA’s commitment to safety and international standards.
Key Provisions
The Civil Aviation Act 1988 (hereafter the "Act") and the Civil Aviation Safety Regulations 1998 (hereafter the "Regulations") form the backbone of Australian civil aviation legislation. Section 98 of the Act empowers the Governor-General to issue regulations that safeguard air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the ultimate responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, plays a pivotal role in this process. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess the information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has recently assessed and subsequently cancelled Australian AD/AL 250/31, which pertains to Allison Turbine Engines 250 series. The cancellation will take effect on 4 June 2009. This decision has been made because the unsafe condition that necessitated the AD no longer exists. Consequently, no replacement AD is required. It is worth noting that the AD cancellation has occurred in accordance with Australia's obligations under the Convention on International Civil Aviation, and thus, no consultation with the Australian public has taken place. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager Systems and New Technologies, who is part of the Airworthiness Engineering Group at CASA. This action was taken in accordance with subsection 84A(2) of the Act, which grants CASA the authority to issue ADs to ensure the safety of air navigation. As the national airworthiness authority, CASA's role is crucial in upholding the highest standards of safety in the Australian civil aviation sector. By issuing, assessing, and cancelling ADs, CASA demonstrates its commitment to maintaining the safety of Australian airspace and its compliance with international aviation regulations.