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/21 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 comprehensive legal framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of aviation safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, with regulation 39.001 specifically authorising CASA to issue ADs for various types of aircraft and aeronautical products. In this context, an AD serves as a legislative instrument, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The enactment of this legislation responds to the need for a robust regulatory mechanism to maintain the airworthiness of aircraft in alignment with international standards, as set forth in the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and Registry in ensuring the ongoing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of civil aviation safety in Australia, with a particular focus on the issuance of airworthiness directives (ADs). Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs serve as a crucial mechanism for communicating continuing airworthiness information, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft bears the responsibility for ensuring its continuing airworthiness, while the State of Design is responsible for providing necessary information to support this. The recent cancellation of AD/PT6A/21 concerning PT6A engines by CASA, effective from 2 July 2009, was necessitated by Australia's obligations under the Convention on International Civil Aviation, and no replacement AD has been deemed necessary. This cancellation has been executed without public consultation, and it does not require a Regulatory Impact Statement as per the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and management of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, highlighting their formal and regulatory status.
These airworthiness directives are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, and must supply necessary information to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must implement requirements to ensure this. Historically, CASA issued AD/PT6A/21 for PT6A engines, but following a review, CASA has decided to cancel this directive, effective 2 July 2009. No replacement AD is deemed necessary.
Given the nature and scope of ADs, the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement, and no public consultation has been conducted for this particular AD cancellation due to Australia's international obligations. 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, demonstrating the internal governance structure for such regulatory actions.
The Act and Regulations impose several obligations on the parties and entities they govern. CASA, as the regulatory body, must ensure that ADs are issued in line with international standards and obligations, and that they adequately address any identified safety issues. The State of Registry is responsible for ensuring that individual aircraft remain airworthy in accordance with the ADs applicable to them. These obligations include the timely implementation of ADs by aircraft operators and the maintenance of records demonstrating compliance with ADs. Failure to adhere to these requirements can result in significant safety risks, and in turn, serious legal and financial consequences.