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 250/45 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/45. 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, aims to provide a regulatory framework that ensures the safety of civil aviation within Australia. This legislation empowers the Governor-General to create regulations that safeguard air navigation, aligning with the broader safety objectives set forth by the Convention on International Civil Aviation. One significant aspect of this Act is the delegation to the Civil Aviation Safety Authority (CASA) of the power to issue airworthiness directives (ADs), as stipulated in the Civil Aviation Safety Regulations 1998. ADs are critical tools for maintaining the continuing airworthiness of aircraft, and they are mandated by the State of Design and adopted by the State of Registry, in this case CASA. The legislative process for these directives adheres to the requirements of the Legislative Instruments Act 2003, ensuring they are formally recognised as legislative instruments. The cancellation of an Australian AD, such as AD/AL 250/45 affecting Allison Turbine Engines 250 series, is executed by CASA in accordance with the Act, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations that promote the safety of air navigation. Specifically, regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs, classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, are legislative instruments governed by the Legislative Instruments Act 2003. ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft types, a responsibility assigned to the State of Design under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. This legislative framework applies to aircraft types registered in Australia, ensuring compliance with international standards and maintaining the safety of air navigation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, as referenced, allow the Governor-General to create regulations for aviation safety (section 98) and empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These directives are considered legislative instruments under the Legislative Instruments Act 2003 (section 6) and serve as a means for ensuring the continuing airworthiness of aircraft, in line with the Convention on International Civil Aviation (Annex 8). The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type and must provide necessary information to the State of Registry, which, in turn, must implement the requirements to maintain airworthiness.
Under these regulations, CASA is tasked with assessing ADs issued by the State of Design and, if deemed necessary, issuing an Australian AD to enforce the requirements. This process ensures that the safety standards set by international agreements are adhered to within Australia. In the case of AD/AL 250/45, which affected Allison Turbine Engines 250 series, CASA assessed the AD and decided to cancel it, effective from 4 June 2009, as the unsafe condition it addressed no longer existed. The cancellation was executed in accordance with the obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The obligations imposed by the Act and Regulations on the parties involved are primarily centred on ensuring the safety and airworthiness of aircraft. CASA must evaluate ADs from the State of Design and, if necessary, issue Australian ADs to enforce the required safety measures. The State of Registry must develop or adopt requirements to maintain airworthiness in accordance with Annex 8, and the State of Design must provide all necessary information to support these efforts. Additionally, CASA must act in accordance with subsection 84A(2) of the Act when issuing or cancelling ADs, ensuring all actions are properly authorised and documented.
The Civil Aviation Safety Regulations 1998 and the associated legislation establish various consequences for non-compliance with ADs and other safety requirements. Although the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can result in significant penalties. These may include fines, imprisonment, or other sanctions as prescribed by law, depending on the severity of the breach and its impact on aviation safety. The specific penalties are typically outlined in other sections of the Civil Aviation Act 1988 and related regulations, which are not directly referenced in the provided excerpt.