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/CJ610/6 affecting General Electric turbine engines CJ610 series. CASA has assessed this AD and as a result has cancelled Australian AD/CJ610/6. The cancellation will become effective on 30 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 ensure the safety and efficiency of air navigation, includes provisions for the regulation of aircraft airworthiness. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. ADs are legislative instruments that mandate actions to ensure continuing airworthiness, particularly when an unsafe condition is identified in a type of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing these directives. The Civil Aviation Act 1988, through CASA, operates in line with international obligations under the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and requires States of Registry to implement necessary measures. The cancellation of AD/CJ610/6, which affected General Electric turbine engines of the CJ610 series, exemplifies CASA’s role in assessing and implementing ADs to maintain the safety standards required by Australian and international regulations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Under the authority conferred by section 98 of the Act, CASA can issue ADs for specific types of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are formal legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs serve as a mechanism for states to communicate necessary information to ensure the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority in Australia, is responsible for assessing airworthiness directives issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements on aircraft registered in Australia. In the specific case of General Electric turbine engines CJ610 series, CASA has cancelled Australian AD/CJ610/6, effective from 30 July 2009, as the unsafe condition it addressed no longer exists. This cancellation has been carried out in accordance with Australia’s obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, and specifically sections such as 98, allow the Governor-General to enact regulations that serve the safety interests of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that these ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are therefore legislative instruments as per the Legislative Instruments Act 2003.
These airworthiness directives play a critical role in ensuring the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type was designed, has the overarching responsibility for the aircraft's ongoing airworthiness and must provide necessary information to the State of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/CJ610/6 concerning General Electric turbine engines of the CJ610 series. After assessing the situation, CASA cancelled this AD as of 30 July 2009, since the unsafe condition it addressed no longer existed. This cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the public was conducted as a result. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
In terms of compliance, the obligations imposed by these regulations include ensuring that the State of Design provides necessary information to maintain the airworthiness of aircraft types and that the State of Registry implements appropriate measures to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. Any failure to comply with these obligations could lead to safety risks and potential legal repercussions. CASA, as the national airworthiness authority, must carefully monitor and enforce these requirements to uphold aviation safety standards.