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 250/69 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/69. 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 ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The policy objective is to uphold the highest safety standards in civil aviation through effective regulatory measures, ensuring compliance with both national and international aviation safety requirements.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act applies to entities and individuals involved in the design, manufacture, registration, operation, and maintenance of aircraft within Australia, as well as to the aviation industry more broadly. The ADs, issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments that mandate specific safety measures and actions to be taken regarding particular types of aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for this on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is responsible for assessing international ADs and, if necessary, issuing corresponding Australian ADs. The cancellation of AD/AL 250/69 affecting Allison Turbine Engines 250 series is an example of how CASA discharges this responsibility, reflecting Australia's international obligations and the practical need to maintain safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow the Governor-General to create regulations that contribute to the safety of air navigation (section 98). This legislative power enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (regulation 39.001). Furthermore, under subregulation 39.001(5), ADs are classified as disallowable instruments, subject to the provisions of section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which recognise ADs as legislative instruments. This means that ADs are subject to the scrutiny and disallowance process outlined in these Acts.
The Act and its regulations impose several obligations on the parties and entities they govern. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for the continuing airworthiness of that type and must provide necessary information to ensure it, in line with Annex 8 to the Convention on International Civil Aviation (section 98, regulation 39.001). The State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry (Annex 8). CASA, as Australia's national airworthiness authority, has the duty to assess information from the State of Design and issue an Australian AD if necessary to enforce the State of Design's requirements (section 98, regulation 39.001).
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaching the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. However, the ADs themselves are legally binding and non-compliance can lead to enforcement actions, including fines and other penalties as provided under relevant aviation legislation. CASA has the authority to take action against aircraft operators or owners who fail to comply with ADs, which may result in grounding of the aircraft or other regulatory measures. The ADs themselves are not subject to disallowance by Parliament, but they are subject to the scrutiny and assessment process to ensure they meet the safety standards required by the Act and its regulations.