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/6 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 was enacted to provide for the safety, efficiency and orderly development of civil aviation in Australia. It empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with these regulations being subject to disallowance by either House of the Parliament. In accordance with the Act, the Civil Aviation Safety Regulations 1998 were made and under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for kinds of aircraft or aeronautical products. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with these directives being legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901. The objective of the Act is to ensure the continuing airworthiness of aircraft within Australia in accordance with Australia’s obligations under the Convention on International Civil Aviation.
In accordance with section 84A of the Civil Aviation Act 1988, CASA issued AD/PT6T/6 affecting PT6T engines. CASA has since reviewed this airworthiness directive and has decided to cancel it. This cancellation will become effective on 2 July 2009. No replacement airworthiness directive is required. Given that the airworthiness directive has been cancelled as a result of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this cancellation. The Office of Best Practice Regulation has determined that airworthiness directives do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, establish the framework within which the Civil Aviation Safety Authority (CASA) exercises its regulatory functions under the Civil Aviation Act 1988, particularly in ensuring the safety of air navigation. Specifically, regulation 39.001 of these regulations empowers CASA to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. This regulatory mechanism is designed to maintain the airworthiness of aircraft by ensuring compliance with safety standards. These directives apply to any person or entity involved in the operation, maintenance, or manufacture of the specified aircraft or aeronautical products within Australia's jurisdiction. Geographically, the application of these regulations is national, impacting all persons and entities operating within Australian airspace or under Australian-issued airworthiness certificates. The ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. Notably, the issuance and cancellation of ADs are aligned with Australia’s obligations under the Convention on International Civil Aviation, ensuring consistency with international standards. The specific AD/PT6T/6 concerning PT6T engines, issued by CASA, has been cancelled as of 2 July 2009, reflecting adherence to international obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are crucial tools for ensuring the safety and airworthiness of aircraft types. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that ADs are formal, enforceable regulations that must be adhered to by the parties they govern.
The obligations imposed by these regulations are significant. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure compliance with safety standards. Under Annex 8 to the Convention on International Civil Aviation, the State of Registry must implement or adopt specific requirements to maintain the airworthiness of individual aircraft. CASA, as the regulatory authority in Australia, exercises its powers under the Civil Aviation Act 1988 to issue ADs and ensure that these obligations are met. The cancellation of an AD, such as AD/PT6T/6 affecting PT6T engines, reflects CASA's commitment to international safety standards and obligations under the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties related to the issuance or non-compliance with ADs in the provided text. However, the authority to issue ADs and the requirement to comply with them imply that failure to adhere to these directives could result in serious legal and safety consequences. Such non-compliance could potentially lead to enforcement actions, including fines or other penalties as prescribed under broader aviation regulations or other relevant legislation. The overarching aim is to ensure that all stakeholders, including aircraft manufacturers, operators, and regulatory bodies, maintain the highest standards of aviation safety and airworthiness.