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 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.
CASA or its predecessors issued AD/P68/14 affecting Partenavia P68 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 2008. 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 a comprehensive legal framework governing civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft. As part of this Act, the Civil Aviation Safety Regulations 1998 were established to detail specific operational and safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The cancellation of a particular AD affecting Partenavia P68 aircraft, announced on 28 August 2008, was executed due to Australia's obligations under the Convention on International Civil Aviation, and no public consultation was deemed necessary as determined by the Office of Best Practice Regulation. The cancellation of the AD was conducted by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in compliance with the legislative provisions of the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, enabling CASA to address safety concerns and ensure compliance with airworthiness standards. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Registry, which must implement requirements to uphold these standards. Notably, the State of Design is also obligated to provide necessary information to the States of Registry to support airworthiness efforts. Although ADs are integral to international civil aviation, Australia's obligations under the Convention on International Civil Aviation have led to the cancellation of a specific AD (AD/P68/14) concerning Partenavia P68 aircraft, effective from 28 August 2008, without necessitating public consultation or a Regulatory Impact Statement. This cancellation aligns with Australia’s international commitments, and no replacement AD is required.
Key Provisions
Section 98 of the Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations necessary for the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. The ADs are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are covered by the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type, requiring it to furnish any necessary information to the appropriate States of Registry. Airworthiness directives are the standard method through which this information is communicated and are issued by most ICAO Contracting States. The State of Registry, which in Australia is CASA, must also develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. As part of its regulatory functions, CASA issued AD/P68/14 affecting Partenavia P68 aircraft, but subsequently reviewed and cancelled this directive, effective 28 August 2008, with no replacement directive required.
Given that the cancellation of AD/P68/14 was due to Australia's obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public on this matter. Moreover, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Regarding obligations, the Act and the associated regulations impose specific duties on CASA and other parties involved in the regulation of aircraft airworthiness. CASA is mandated to ensure that ADs are issued to maintain safety standards and that they comply with international conventions. States of Design and States of Registry have corresponding obligations to provide and act upon information necessary for the continuing airworthiness of aircraft. Failure to comply with these requirements can lead to significant consequences.
Breaches of the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil or criminal penalties. While the specific penalties for non-compliance with ADs are not detailed in the provided text, breaches of aviation safety regulations generally can lead to substantial fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, but they could include fines for corporations or individuals, and in serious cases, imprisonment.