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.
CASA issued AD/ARTOUSTE/3 affecting Turbomeca Artouste turbine engines in 1967. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, 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 civil aviation in Australia, focusing on the safety of air navigation. The Act empowers the Governor-General to make regulations for this purpose, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments under the Legislative Instruments Act 2003, and are intended to ensure the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs, which are often issued by States of Design to ensure the safety and compliance of aircraft types registered in various countries, including Australia. In 1967, CASA issued an AD concerning Turbomeca Artouste turbine engines, which has now been reviewed and deemed unnecessary for cancellation as of 24 September 2009 due to the resolution of the original unsafe condition. This cancellation reduces regulatory burden and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. These regulations are enacted to ensure the safety of air navigation and to comply with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which pertains to airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, and these directives are considered legislative instruments under the Acts Interpretation Act 1901. The ADs are issued to address safety concerns and ensure the continuing airworthiness of aircraft, and they are typically aligned with directives from the State of Design of the aircraft. The State of Registry, in this case CASA, is responsible for assessing and, if necessary, issuing corresponding ADs for aircraft registered in Australia. The cancellation of an AD, such as AD/ARTOUSTE/3 concerning Turbomeca Artouste turbine engines, is a regulatory action taken by CASA when the identified unsafe condition no longer exists, thereby reducing regulatory burden without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on CASA include the responsibility to issue ADs when required, ensuring the continuing airworthiness of aircraft registered in Australia. This obligation stems from the fact that the State of Registry, which in this case is Australia, must develop or adopt requirements to maintain airworthiness. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to mandate the requirements. For example, CASA issued AD/ARTOUSTE/3 for Turbomeca Artouste turbine engines in 1967, and recently decided to cancel this directive, effective from 24 September 2009.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for the issuance or cancellation of ADs. However, the general framework under which CASA operates suggests that failure to comply with ADs could lead to regulatory action, potentially including fines or other penalties. The text also highlights that no public consultation was necessary for the cancellation of AD/ARTOUSTE/3 as it results in a reduction of regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This indicates a streamlined approach to managing airworthiness directives in Australia, aimed at maintaining safety standards without unnecessary bureaucratic hurdles.