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/ARTOUSTE/2 affecting Turbomeca Artouste series turbine engines. CASA has assessed this AD and as a result has cancelled Australian AD/ARTOUSTE/2. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations that align with the safety of air navigation. In line with section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to mandate necessary safety measures to maintain the airworthiness of aircraft. Under the legislative framework provided by the Legislative Instruments Act 2003, ADs are considered disallowable instruments, thus classified as legislative instruments. The ADs serve as a crucial mechanism for states to communicate necessary safety information, fulfilling international obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing these directives to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). This legislation applies to all persons and entities involved in civil aviation, including aircraft owners, operators, and manufacturers, as well as any aeronautical products within the Australian Register. The primary purpose of these regulations is to ensure the safety of air navigation by enforcing compliance with ADs, which are legislative instruments made under the authority of the Governor-General and the Minister for Infrastructure and Transport. ADs are issued to address unsafe conditions identified in aircraft types or aeronautical products, and they must be assessed and, if necessary, adopted by CASA to mandate safety requirements for aircraft registered in Australia. The geographic reach of this legislation is national, with CASA operating as Australia's designated authority for ensuring compliance with international standards set by the Convention on International Civil Aviation. The ADs are designed to ensure the continuing airworthiness of aircraft and aeronautical products, with CASA assessing and issuing directives based on information provided by the State of Design. The issuance and cancellation of ADs, such as the cancellation of AD/ARTOUSTE/2 for Turbomeca Artouste series turbine engines, are made without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This reflects the specific nature of aviation safety regulations, which are often implemented swiftly to address immediate safety concerns.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations that are crucial for ensuring 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 specified types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type, which includes providing necessary information to ensure the airworthiness of the aircraft to relevant States of Registry. ADs are the primary method through which this information is communicated, and they are issued by most ICAO Contracting States. The State of Registry, on the other hand, is responsible for the continuing airworthiness of a specific aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
CASA has issued and subsequently cancelled AD/ARTOUSTE/2, which pertained to Turbomeca Artouste series turbine engines. The cancellation of this AD was effective from 2 July 2009, as the unsafe condition that prompted the AD no longer existed, making a replacement AD unnecessary. Due to Australia’s obligations under the Convention on International Civil Aviation, there was no requirement for public consultation regarding the cancellation of this AD. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was authorised under subsection 84A(2) of the Act, and it was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA. This action reflects CASA’s commitment to maintaining the highest standards of air safety in accordance with both national and international aviation regulations.