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/26 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 regulate the safety of air navigation in Australia. Under section 98 of this Act, the Governor-General has the authority to 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 airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework ensures that aircraft and aeronautical products maintain their airworthiness, which is essential for the safety of air navigation. The ADs, which are legislative instruments, serve as a mechanism for the State of Registry to comply with its responsibility for the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation.
In accordance with Australia’s obligations under the Convention on International Civil Aviation, CASA has cancelled AD/PT6A/26 affecting PT6A engines, effective 2 July 2009. The cancellation of this AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in line with the legislative framework established by the Civil Aviation Act 1988. The decision to cancel the AD did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
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) concerning specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments, are issued under regulation 39.001 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs reflect Australia's commitment to international standards as stipulated in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is accountable for ensuring the ongoing airworthiness of individual aircraft. CASA, as the regulatory authority, has the responsibility to issue and manage these directives, and in this instance, CASA has cancelled AD/PT6A/26 affecting PT6A engines, effective from 2 July 2009, without the need for a replacement directive. The cancellation aligns with Australia's international obligations and no public consultation or Regulatory Impact Statement was required as per the determination of the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. This legislative power is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a key mechanism for ensuring that aircraft remain in a safe condition for operation. The authority to issue these directives is supported by subregulation 39.001(5), which categorises ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901. This classification means that ADs are also legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are multifaceted. Firstly, the State of Design, which is responsible for the original certification of the aircraft type, must ensure the continuing airworthiness of that type. This involves providing necessary information to the States of Registry to support the maintenance of airworthiness. The State of Registry, on the other hand, has the responsibility to develop or adopt specific requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. This includes the implementation of ADs issued by CASA. In fulfilling these obligations, both the State of Design and the State of Registry must adhere to the standards set out in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the obligations and requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. The specific provisions detailing offences and penalties are not explicitly stated in the provided text, but generally, breaches of aviation safety regulations can lead to both civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be governed by the broader legislative framework of the Civil Aviation Act 1988 and any other relevant legislation. The issuance of ADs and their enforcement is a critical aspect of ensuring the safety of air navigation, and non-compliance can have serious ramifications for both individuals and organisations involved in the aviation industry.
The cancellation of AD/PT6A/26, which affects PT6A engines, by CASA demonstrates the dynamic nature of aviation safety regulations. This particular AD was cancelled due to Australia’s obligations under the Convention on International Civil Aviation, and the cancellation became effective on 2 July 2009. Importantly, no replacement AD is required as a result of this cancellation. The process of issuing and cancelling ADs is overseen by CASA, with the Manager, Systems and New Technologies in the Airworthiness Engineering Group acting on behalf of CASA in accordance with subsection 84A(2) of the Act. This structured approach ensures that the safety of air navigation is maintained through the appropriate regulation and oversight of aircraft airworthiness.