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/PT6T/2 affecting PT6T 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, as amended by the Civil Aviation Safety Regulations 1998, outlines the framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to enact regulations that facilitate this process, and regulation 39.001 specifically empowers CASA to issue ADs for various types of aircraft or aeronautical products. The ADs are legislative instruments that serve as crucial tools for ensuring the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus addresses the need for a robust regulatory framework to maintain the safety standards of aircraft operating within Australian airspace. The cancellation of a particular AD, as stated in the explanatory statement, reflects Australia's adherence to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide a regulatory framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to create regulations that serve the interests of safety, while the Regulations specifically authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and formalised through the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, ensuring they meet continuing airworthiness standards as stipulated by the International Civil Aviation Organization (ICAO). The State of Registry, which in this case is Australia, bears the responsibility for the ongoing airworthiness of the aircraft. Notably, the issuance and cancellation of ADs are integral to fulfilling Australia’s commitments under the Convention on International Civil Aviation, and the process does not require public consultation or a Regulatory Impact Statement. The specific AD/PT6T/2, which pertained to PT6T engines, has been cancelled by CASA and will take effect from 2 July 2009, without necessitating a replacement directive.
Key Provisions
Under the Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which specifies that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. This legal framework ensures that ADs are subject to legislative scrutiny and oversight.
The obligations imposed by these regulations require CASA to issue ADs that maintain the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation (Annex 8). The State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. The State of Registry, in turn, is responsible for implementing requirements to ensure that individual aircraft remain airworthy. These obligations ensure a collaborative approach to aircraft safety that aligns with international standards and practices.
Failure to comply with an AD or the regulatory requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is common for breaches of aviation safety regulations to incur significant fines and potential imprisonment under Australian law. The precise penalties would depend on the nature and severity of the breach.
The cancellation of AD/PT6T/2, issued by CASA, took effect on 2 July 2009, as a result of Australia's obligations under the Convention on International Civil Aviation. Given that no replacement AD is required, this cancellation reflects the dynamic nature of airworthiness directives, which are subject to review and amendment to ensure they meet the highest safety standards. The process of issuing, reviewing, and cancelling ADs is overseen by CASA, ensuring that the safety requirements are continuously updated and enforced to protect the public and maintain the integrity of Australia's civil aviation system.