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 250/77 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/77. The cancellation will become effective on 2 July 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 to provide a comprehensive legal framework for the regulation of civil aviation in Australia, authorises the Governor-General to make regulations to ensure the safety of air navigation. This legislative authority enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which mandate requirements to maintain the airworthiness of aircraft and aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations are designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States of Design and States of Registry regarding the continuing airworthiness of aircraft. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety standards for aviation activities within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under the authority of section 98 of the Act, the Governor-General can make regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review as outlined in the Legislative Instruments Act 2003. The State of Design, which is responsible for the continuing airworthiness of an aircraft type according to Annex 8 of the Convention on International Civil Aviation, must provide necessary information to ensure airworthiness. The State of Registry, in this case CASA, must then assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. In the specific case of Allison Turbine Engines 250 series, CASA issued and subsequently cancelled AD/AL 250/77, effective 2 July 2009, as the unsafe condition no longer exists, and no replacement AD is required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the regulation of airworthiness in Australia. Section 98 of the Act allows the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue a corresponding Australian AD to mandate the requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards. The State of Design, under Annex 8 of the Convention on International Civil Aviation, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to the States of Registry, including Australia.
The obligations imposed on parties by the Act and Regulations include the requirement for CASA to assess ADs issued by States of Design and to issue corresponding Australian ADs as needed. Aircraft owners and operators are required to comply with all ADs applicable to their aircraft to ensure they remain airworthy. Failure to comply with ADs can result in serious safety issues, potentially leading to aircraft being grounded or banned from flying. CASA enforces compliance with ADs, and non-compliance can lead to enforcement actions, including potential fines and other penalties.
There are no specific offences or penalties mentioned in the text for breaching ADs, but it is implied that non-compliance with ADs can have severe consequences, including safety risks and potential enforcement actions by CASA. The text states that CASA has cancelled Australian AD/AL 250/77 because the unsafe condition no longer exists, and no replacement AD is required. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation and was implemented without public consultation or a Regulatory Impact Statement as deemed appropriate by the Office of Best Practice Regulation. The AD was made by the Manager Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, following subsection 84A(2) of the Act.