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.
The Civil Aviation Safety Authority or its predecessors issued AD/T53/16 affecting AlliedSignal (Lycoming) turbine engines T53 series. CASA has assessed this AD and as a result has cancelled Australian AD/T53/16. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
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 Commonwealth Parliament, aims to provide a comprehensive framework for civil aviation safety in Australia. It empowers the Governor-General to create regulations that ensure the safety of air navigation, aligning with the broader international standards set by the Convention on International Civil Aviation. In this context, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical for maintaining the safety and airworthiness of aircraft and aeronautical products. These directives, which are legislative instruments, serve as a direct means to address and rectify any safety issues identified with specific aircraft types or products, ensuring compliance with both domestic and international aviation safety standards. The objective is to safeguard the public and maintain the integrity of the aviation industry by enforcing stringent safety measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. In the case of aircraft registered in Australia, CASA must assess and, if necessary, issue Australian ADs in response to those issued by the State of Design. The application of these regulations is not limited to Australian territory but aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance, assessment, and cancellation of ADs are conducted by CASA under the authority granted by the Act, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Governor-General and the Civil Aviation Safety Authority (CASA), respectively, to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 98 allows for regulations to be made in the interests of air navigation safety, while regulation 39.001 specifies the process for issuing ADs. An AD is a legislative instrument, as defined in section 46A of the Acts Interpretation Act 1901, and is subject to disallowance under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on the parties governed by it include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of aircraft types, and the duty of the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that aircraft registered in Australia comply with international safety standards.
There are no specific offences or penalties outlined in the text for breaching the provisions of this legislation. However, failure to comply with an AD could result in serious safety issues, potentially leading to enforcement actions by CASA under other sections of the Civil Aviation Act 1988. Such actions might include fines, suspension or revocation of an airworthiness certificate, or other regulatory measures. The precise consequences would depend on the nature and severity of the non-compliance.