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/8 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, enacted by the Australian Parliament, provides a legislative framework for ensuring the safety of air navigation in Australia. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, thereby facilitating the implementation of safety measures. Among these regulations are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as required by international standards. Notably, CASA has exercised its authority under these regulations to cancel a specific AD pertaining to PT6A engines, effective from 2 July 2009, without the need for a replacement, due to Australia’s international obligations under the Convention on International Civil Aviation. This cancellation was carried out without public consultation and did not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulation 2009 (F2009L02322), under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, applies to the issuance, amendment, and cancellation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that govern the continuing airworthiness of aircraft and aeronautical products in Australia, ensuring compliance with safety standards. The ADs apply to all aircraft and aeronautical products registered in Australia, irrespective of their origin or the State of Registry, thereby encompassing all entities and individuals involved in civil aviation within the Commonwealth. The scope of the Act extends to the national level, adhering to the obligations of Australia as a signatory to the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for continuing airworthiness. The Act does not explicitly state exclusions or thresholds, but it implicitly applies to all relevant aircraft and aeronautical products through its regulatory framework. The issuance and amendment of these directives can be further detailed through subordinate instruments, aligning with the overarching objectives of the Act and ensuring the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988 (Act) provides the legal framework for civil aviation in Australia, including the regulation of aircraft airworthiness. Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards (s. 39.001(5)). These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Under the Act, CASA has the authority to issue ADs that require aircraft operators and others to take specific actions to maintain the airworthiness of their aircraft. These actions can include inspections, repairs, modifications, or replacements of parts to address safety concerns. The ADs are intended to ensure that aircraft continue to meet the necessary safety standards and are compliant with the regulations. CASA has the responsibility to monitor and enforce compliance with these directives, ensuring that the aircraft remain airworthy and safe for operation.
The obligations imposed by the ADs on the parties governed by the Act include the requirement for aircraft operators to adhere to the specific instructions outlined in the ADs. This involves conducting necessary inspections, making required repairs or modifications, and ensuring that all parts of the aircraft meet the safety standards specified. Failure to comply with an AD can result in severe consequences, including grounding of the aircraft, suspension of the operator's licence, or other enforcement actions taken by CASA.
Breach of the requirements set out in an AD can result in both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties may apply, which can include imprisonment. The maximum penalties for offences under the Civil Aviation Act 1988 can vary, but they can include substantial fines and imprisonment for serious breaches that result in significant risk to safety. CASA has the authority to impose these penalties and to take enforcement action against non-compliant operators to ensure that the ADs are enforced and that the safety of air navigation is maintained.