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/CT7/3 affecting General Electric Turbine Engines CT7 series. CASA has assessed this AD and as a result has cancelled Australian AD/CT7/3. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key provisions of the Act is the issuance of airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft. In this context, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue such directives. The 2009 amendment, F2009L02775, concerns the cancellation of Australian AD/CT7/3 affecting General Electric Turbine Engines CT7 series, which has been made in compliance with Australia’s obligations under the Convention on International Civil Aviation. This cancellation reflects that the unsafe condition identified by the directive no longer exists, thereby no longer necessitating any regulatory action. The regulation was enacted by the Governor-General under the authority granted by the Civil Aviation Act 1988, with the aim of upholding the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. They serve as a mechanism for ensuring the continuing airworthiness of aircraft, in line with international standards set out in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, which in Australia is CASA, is responsible for the individual aircraft's airworthiness. When a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This regulatory framework applies to all aircraft and aeronautical products within the Australian jurisdiction, ensuring compliance with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that allow for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations under the Act and Regulations primarily rest on CASA as Australia’s national airworthiness authority. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA is mandated to assess the information provided and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry of an individual aircraft bears the responsibility for its continuing airworthiness, requiring it to develop or adopt requirements to ensure that aircraft remain airworthy.
There are specific consequences for non-compliance with the provisions of the ADs. While the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for breaching ADs, non-compliance can result in serious safety risks, potentially leading to civil or criminal liabilities under other sections of the Civil Aviation Act 1988 or associated regulations. The consequences can include enforcement actions by CASA, fines, or even criminal charges, depending on the severity of the breach and its impact on aviation safety. The specific penalties are not detailed in the text but would be subject to the broader legal framework governing civil aviation safety in Australia.
In the case of AD/CT7/3, which affected General Electric Turbine Engines of the CT7 series, CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/CT7/3, effective from 30 July 2009, without the need for a replacement directive. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued 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.