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 250/67 Amendment 1 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/67 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 to establish a regulatory framework ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. The ADs serve as a legislative instrument and a critical tool in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry must ensure the aircraft's compliance with these standards. In 2009, CASA cancelled an airworthiness directive (AD/AL 250/67 Amendment 1) due to Australia's obligations under the Convention on International Civil Aviation, reflecting the dynamic nature of safety regulations in response to international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a crucial role in this domain. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby extending to all aircraft registered in Australia and their operators. These directives are legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft as per the International Civil Aviation Organization (ICAO) standards, specifically under Annex 8. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and States of Registry, including Australia, must adopt the requirements set forth by the State of Design. The application of these regulations is comprehensive, covering all aircraft within Australia's jurisdiction and ensuring alignment with international safety standards. Any exclusions or modifications to the application of these regulations are determined by CASA based on safety assessments and international obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and therefore qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This entails providing necessary information to the appropriate States of Registry to ensure the aircraft’s ongoing airworthiness. The State of Registry, in turn, must establish or adopt requirements to maintain the aircraft's airworthiness. When an AD is issued by the State of Design, CASA, acting as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities primarily revolve around the evaluation, issuance, and enforcement of ADs. CASA must rigorously assess any ADs issued by the State of Design concerning aircraft on the Australian Register and decide whether to issue corresponding Australian ADs to ensure compliance with safety standards. These regulations demand that CASA and other entities maintain stringent oversight to ensure that all aircraft meet the necessary safety and airworthiness criteria. CASA's role is critical in ensuring that Australian-registered aircraft adhere to international safety standards and that any unsafe conditions identified are promptly addressed through appropriate regulatory actions.
The Civil Aviation Safety Regulations 1998 outline potential consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties, including fines and imprisonment. Specifically, under section 38 of the Civil Aviation Act 1988, any person who contravenes an AD can be fined up to $27,500 for a strict liability offence or up to $55,000 for an offence involving negligence. Additionally, under section 40, any person who continues to operate an aircraft in a manner that contravenes an AD can be fined up to $275,000. These stringent penalties underscore the importance of adhering to ADs and maintaining the highest safety standards in aviation.