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 250/62 Amendment 1 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/62 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 by the Parliament of Australia to provide for the regulation of civil aviation safety, amongst other things. It empowers the Governor-General to make regulations for the purposes of the Act, which include ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, which, among other things, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if necessary, implemented by CASA to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international obligations under the Convention on International Civil Aviation. The issuance and cancellation of such directives, such as AD/AL 250/62 Amendment 1 for Allison Turbine Engines 250 series, is managed by CASA, reflecting Australia's commitment to maintaining high standards of aviation safety.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products in Australia. The Act applies to entities involved in the design, manufacturing, and registration of aircraft, as well as operators of aircraft within Australian jurisdiction. These regulations extend to all types of aircraft and aeronautical products registered in Australia, thereby encompassing a wide range of industries and conduct related to aviation. Geographically, the application of these directives is confined to Australia and its territorial waters, aligning with the national scope of the Civil Aviation Act. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and their issuance is guided by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Act does not specify exclusions or thresholds but relies on subordinate instruments and international agreements to detail specific applications and compliance requirements.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to assess and potentially issue Australian ADs when a State of Design issues a directive for an aircraft type on the Australian Register. This ensures that Australian-registered aircraft meet international safety standards as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft and must adopt necessary requirements to meet these standards.
The Civil Aviation Safety Regulations 1998 also outline that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide relevant information to the State of Registry. This information flow is critical for maintaining safety and compliance with international aviation standards. In practical terms, this means that when CASA receives an AD from a State of Design, it must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the required safety measures on aircraft within its jurisdiction.
Under the Civil Aviation Safety Regulations 1998, failure to comply with an AD can result in serious consequences. The Act and Regulations do not explicitly detail the penalties for non-compliance; however, they do establish a framework where CASA can take enforcement actions against entities that do not adhere to the mandated safety standards. Such actions could include grounding of non-compliant aircraft, fines, or other regulatory measures to ensure compliance with airworthiness directives. The seriousness of these potential penalties underscores the importance of adhering to ADs to maintain the safety and integrity of air navigation.