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, the Civil Aviation Safety Authority (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 to appropriate States of Registry any information necessary to ensure the continuing airworthiness of a type. 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.
CASA or its predecessors issued AD/PT6A/15 affecting PT6A engines. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 2 July 2009. No replacement AD is required.
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 legislative framework for civil aviation matters in Australia, including safety regulations and the oversight of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing these provisions. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives are critical for ensuring the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. In this context, CASA has exercised its authority to cancel AD/PT6A/15, which pertains to PT6A engines, effective from 2 July 2009, due to Australia's obligations under the Convention. This cancellation reflects the authority's commitment to international safety standards, and as such, it has not been subject to public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs are crucial for ensuring the continuing airworthiness of aircraft as required by Annex 8 of the Convention on International Civil Aviation, with the State of Design being responsible for providing necessary information to the State of Registry. CASA, acting under the authority of the Civil Aviation Act 1988, has the responsibility to issue, review, and if necessary, cancel ADs to comply with international standards and ensure the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, particularly concerning the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as mandated under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the States of Registry to maintain the airworthiness of aircraft types. Furthermore, the State of Registry is obligated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as the regulatory authority in Australia, exercises these powers by issuing airworthiness directives that address specific safety concerns or requirements.
In terms of compliance, failure to adhere to the requirements set out in the airworthiness directives can result in severe consequences. Civil aviation regulations are designed to ensure the highest standards of safety, and any breach of these regulations can lead to significant penalties. Although the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance can result in civil or criminal actions, including fines and potential imprisonment, depending on the severity of the breach. The exact penalties would be determined by the relevant authorities in accordance with the applicable legislation.
It is also worth noting that the cancellation of an AD, such as AD/PT6A/15 affecting PT6A engines, does not require consultation with the Australian public as determined by the Office of Best Practice Regulation, which has deemed that ADs do not necessitate a Regulatory Impact Statement. This cancellation is a result of Australia's obligations under the Convention on International Civil Aviation and reflects the dynamic nature of international regulatory standards.
The AD cancellation process is managed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This underscores the structured and authoritative approach CASA takes in ensuring the safety and compliance of aviation operations within Australia.