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.
CASA issued AD/AL 250/56 Amendment 1, affecting Allison 250 turbine engines in 1985. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Initial Airworthiness/New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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 for civil aviation safety in Australia. This Act authorises the Governor-General to make regulations in the interests of air navigation safety. One such regulation, specified under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory approach ensures that airworthiness directives, as legislative instruments, are subject to disallowance provisions under the Acts Interpretation Act 1901 and are also regarded as legislative instruments according to the Legislative Instruments Act 2003. The policy objective behind this legislative framework is to maintain and enhance the safety standards of civil aviation in alignment with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry both bear responsibilities for the continuing airworthiness of aircraft. In practice, this means that when an AD is issued by the State of Design for an aircraft type registered in Australia, CASA must review the directive and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The process and authority for issuing and cancelling ADs are detailed in the Civil Aviation Act and the Civil Aviation Safety Regulations, which together ensure that the safety standards are consistently upheld across the industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations are multifaceted. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type to appropriate States of Registry. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to maintain airworthiness. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements. The AD/AL 250/56 Amendment 1, issued by CASA in 1985 and affecting Allison 250 turbine engines, has been reviewed and is set to be cancelled on 24 September 2009 due to the resolution of the original unsafe condition.
The cancellation of AD/AL 250/56 Amendment 1 does not require consultation with the Australian public as it reduces the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD has been issued by the Manager, Initial Airworthiness/New Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act.
In terms of consequences, breaches of the requirements set forth in ADs can result in significant penalties. Although the specific penalties are not detailed in the text, ADs are integral to maintaining the safety standards prescribed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with these directives can lead to enforcement actions, including fines and potential criminal charges under the relevant sections of the Act. The precise nature and extent of these penalties would be determined by the courts based on the circumstances of each case.