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/P68/2 Amdt 2 affecting Partenavia P68B 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 for the regulation of civil aviation in Australia, including the safety of air navigation. One of the ways in which the Act addresses this objective is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a crucial means of ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are subject to disallowance under the Acts Interpretation Act 1901. In a specific instance, CASA has cancelled an AD pertaining to Partenavia P68B aircraft, effective from 28 August 2008, in accordance with Australia's international obligations, thus no public consultation was deemed necessary. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, pursuant to subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, particularly in relation to the issuance of airworthiness directives (ADs) under regulation 39.001. These regulations apply to all aircraft registered in Australia and thus, implicitly, to all entities and persons associated with the operation, maintenance, and registration of such aircraft. The geographic scope of this legislation is national, as it pertains to the safety and airworthiness of aircraft within Australian territory. The Act and its regulations do not specify any particular exclusions or exemptions, meaning that all aircraft types must adhere to the issued directives unless otherwise specified by a particular AD. The authority to issue these directives extends through subordinate instruments, allowing CASA to enforce compliance and ensure the safety of air navigation. As ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, they carry the weight of law and must be followed by all relevant parties.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that are in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs serve as a means of continuing airworthiness information as per Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry for aircraft.
The obligations imposed by the Act and the Regulations are centred around the safety and airworthiness of aircraft. Under these provisions, CASA, as the regulatory authority, has the responsibility to issue ADs to ensure that aircraft maintain their airworthiness. The State of Design is tasked with providing necessary information to the State of Registry to maintain the airworthiness of aircraft types. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. The cancellation of an AD, such as AD/P68/2 Amdt 2 affecting Partenavia P68B aircraft, signifies a change in the regulatory requirements or the resolution of a safety issue, and CASA is mandated to review and act upon such directives accordingly.
The consequences for non-compliance with the ADs or any related regulatory requirements can be significant. While the specific civil or criminal penalties are not detailed within this particular piece of legislation, non-compliance with airworthiness directives can result in severe penalties under the Civil Aviation Act 1988. These can include fines, imprisonment, or both, depending on the severity of the breach and the impact on aviation safety. The cancellation of an AD, such as the one affecting the Partenavia P68B aircraft, reflects CASA's commitment to ensuring that only aircraft meeting the required safety standards are allowed to operate, thereby protecting public safety and maintaining the integrity of the aviation system.