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.
Transport Canada has issued AD CF-96-24 affecting Pratt and Whitney Canada PT6A series engines. Canada is the State of Design for this engine series. CASA has assessed this AD and as a result has cancelled Australian AD/PT6A/27. The cancellation will become effective on 31 July 2008. No replacement AD is required, as the original unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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 Branch, 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 civil aviation, provides the framework for regulating the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, thereby ensuring compliance with international safety standards. Under the authority of the Act, CASA has cancelled an existing AD for Pratt and Whitney Canada PT6A series engines, following the issuance of a corresponding AD by the State of Design, Canada. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation and addresses the resolution of the unsafe condition previously identified. The cancellation, effective from 31 July 2008, signifies that no replacement AD is necessary as the original unsafe condition no longer exists.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated as legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft types and aeronautical products, aligning with the responsibilities of States of Design and Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as Canada for the Pratt and Whitney Canada PT6A series engines, issues initial ADs, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. The application of these directives is geographically broad, affecting all aircraft and aeronautical products registered in Australia, and extends to ensuring compliance with international standards set forth by the Convention on International Civil Aviation. Exemptions or exclusions from these ADs are not specified in the provided text, implying that the ADs apply universally within their scope unless otherwise stipulated by CASA.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. The Governor-General has the authority to create regulations for the purposes of the Act, specifically for the safety of air navigation, while CASA has the authority to issue ADs for specific types of aircraft or aeronautical products as stated in regulation 39.001(5). These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. ADs are essential tools for ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, and are issued by most ICAO Contracting States.
The Act and Regulations impose several obligations on the parties involved. The State of Design, such as Canada for the Pratt and Whitney Canada PT6A series engines, has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the type's airworthiness. The State of Registry, such as CASA in Australia, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. In this case, CASA assessed Transport Canada's AD CF-96-24 and subsequently cancelled Australian AD/PT6A/27 as the unsafe condition no longer exists. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and as such, no consultation with the Australian public has taken place on this AD cancellation.
Failure to comply with the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. While the specific offences, penalties, or consequences for breach are not mentioned in the text, it is reasonable to assume that non-compliance with ADs could lead to potential safety risks, legal action, and financial penalties. In Australia, CASA may take enforcement action against individuals or organisations that fail to comply with ADs, which could include fines, suspension or revocation of airworthiness certificates, or other regulatory measures. The exact penalties for breaches of the Act and Regulations would depend on the nature and severity of the non-compliance, as well as any relevant case law or statutory provisions.