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/T53/4 affecting AlliedSignal (Lycoming) turbine engines T53 series. CASA has assessed this AD and as a result has cancelled Australian AD/T53/4. 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 was enacted to provide for the safety and efficiency of civil aviation in Australia, and it empowers the Governor-General to make regulations for air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. ADs serve as a critical mechanism for communicating safety requirements and ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue ADs that reflect the directives issued by the aircraft’s State of Design. This legislative framework ensures that the safety and airworthiness of aircraft are maintained in accordance with international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness in Australia, ensuring that aircraft and aeronautical products meet safety standards. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic reach of this legislation applies nationally within Australia, with CASA acting as the national airworthiness authority. The legislation also aligns with international standards under Annex 8 of the Convention on International Civil Aviation, whereby the State of Design is responsible for ensuring the continuing airworthiness of aircraft types and the State of Registry must implement necessary measures to maintain airworthiness. In this context, CASA is mandated to assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design. The ADs apply to entities such as aircraft manufacturers, operators, and maintenance providers within the Australian aviation industry. This legislative framework does not require consultation with the public or a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety and airworthiness of aircraft operating in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that are in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to meticulously assess any ADs issued by the State of Design of an aircraft type registered in Australia. The State of Design, under Annex 8 to the Convention on International Civil Aviation, has the responsibility to ensure the continuing airworthiness of aircraft types, providing necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to maintain the airworthiness of individual aircraft, and when a State of Design issues an AD, CASA must evaluate and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
In the specific case of the AlliedSignal (Lycoming) turbine engines T53 series, CASA had previously issued Australian AD/T53/4. However, following an assessment, CASA determined that the unsafe condition addressed by this AD no longer existed and subsequently cancelled the directive. The cancellation of AD/T53/4 is effective from 30 July 2009, and no replacement AD is required. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was conducted, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. The AD cancellation was authorised 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.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, with potential civil or criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the serious nature of ensuring aviation safety. The specific maximum penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that those who fail to adhere to the mandated safety standards face appropriate consequences.