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 250/70 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/70. 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, establishes a comprehensive framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations aimed at safeguarding air navigation, with the Civil Aviation Safety Regulations 1998 detailing the issuance of airworthiness directives (ADs) for specific aircraft and aeronautical products. These directives serve as crucial instruments for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, plays a pivotal role in assessing international ADs and issuing corresponding Australian ADs where necessary. The legislation ensures that CASA, under the authority granted by the Act, can cancel ADs such as AD/AL 250/70 affecting Allison Turbine Engines 250 series, reflecting the dynamic nature of aviation safety regulations and the commitment to addressing safety concerns promptly and effectively.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These regulations apply to all aircraft registered in Australia, as well as to any aeronautical products and services that fall within the jurisdiction of CASA. This encompasses a broad range of entities, including aircraft manufacturers, operators, maintenance organisations, and other aviation stakeholders. The primary objective of these regulations is to ensure the continuing airworthiness of aircraft, thereby enhancing the safety of air navigation. ADs serve as a mechanism for CASA to mandate specific safety requirements based on identified unsafe conditions or deficiencies in aircraft types registered in Australia. The geographic reach of these regulations is national, with CASA acting as the central authority responsible for overseeing and enforcing compliance across Australia. While the Act and its associated regulations apply broadly to the aviation industry, specific exclusions or exemptions may be outlined in the detailed provisions of the regulations themselves. Furthermore, the application of these regulations can be extended or restricted through subordinate instruments, such as additional ADs or amendments to existing regulations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 address the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations that support the Act and enhance air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and regulations necessitate that the State of Design, which is the country where the aircraft was designed, takes overall responsibility for the continuing airworthiness of the aircraft type. The State of Design must provide necessary information to ensure airworthiness to the State of Registry, which is the country where the aircraft is registered. CASA, as Australia's national airworthiness authority, must evaluate the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that Australian-registered aircraft comply with international standards for airworthiness.
There are specific consequences for non-compliance with ADs. While the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for breaches of ADs, non-compliance can lead to severe civil and criminal consequences. Civil penalties may include fines, while criminal penalties may involve imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. The Act and regulations emphasize the importance of adhering to ADs to maintain the highest safety standards in civil aviation.
The AD/AL 250/70 issued by CASA concerning Allison Turbine Engines 250 series has been cancelled effective 4 June 2009. This cancellation arose due to Australia’s commitments under the Convention on International Civil Aviation, which led to the conclusion that the unsafe condition no longer existed. Consequently, no new AD was necessary. Given that the AD was cancelled in line with international obligations, there was no requirement for public consultation or the preparation of a Regulatory Impact Statement. The AD cancellation was authorised by the Manager Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.