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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/ALF/15 affecting AlliedSignal ALF502 and LF507 series turbine engines. The United States FAA issued AD 2009-26-06 on 7 January 2010 which supersedes the requirements of AD/ALF/15 and as such this AD has been cancelled. The United States is the state of design for these engines. The cancellation will become effective on 11 February 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, section 98 allows the creation of regulations that pertain to various aspects of civil aviation, including the issuance of airworthiness directives (ADs) as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and require assessment and implementation by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. This legislative framework is crucial in aligning Australia's aviation safety standards with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. The Act and its regulations apply to all aircraft registered in Australia, along with their operators and owners, ensuring adherence to airworthiness standards. The issuance of ADs is mandated to maintain the safety of air navigation, and CASA has the authority to issue these directives for specific types of aircraft or aeronautical products under regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. When a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that aircraft maintain their airworthiness and comply with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The jurisdictional reach of this legislation is national, applying uniformly across all states and territories of Australia. While the Act does not explicitly state exclusions or thresholds, the specific application of ADs is determined on a case-by-case basis by CASA, reflecting the unique safety requirements of each aircraft type or product.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). According to regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument as per the Legislative Instruments Act 2003. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft’s airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing an Australian AD if necessary.
The obligations imposed by this Act and Regulations on the parties primarily revolve around ensuring the continuing airworthiness of aircraft. The State of Design must provide necessary information to ensure the airworthiness of aircraft types, while the State of Registry must implement requirements to maintain the airworthiness of individual aircraft. CASA is responsible for assessing information from the State of Design and issuing corresponding ADs for aircraft registered in Australia. This ensures that safety standards are uniformly applied across the aviation sector, maintaining high safety levels in air navigation.
The Act and Regulations do not explicitly detail specific offences, penalties, or consequences for breaches in relation to ADs. However, the issuance of ADs is a critical safety measure, and failure to comply with them could lead to serious safety risks. CASA’s role in enforcing compliance with ADs is pivotal, and non-compliance could potentially result in enforcement actions, including grounding of aircraft, fines, or other regulatory penalties. While the specific penalties are not detailed within the text, the overarching aim is to ensure that all stakeholders adhere to the airworthiness directives to maintain safety standards.