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/P68/4 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, enacted to ensure the safety of air navigation and to address any gaps in the regulation of civil aviation, empowers the Governor-General to make regulations under section 98, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework ensures that ADs, which serve as a primary means of communicating continuing airworthiness information, comply with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The cancellation of a specific AD affecting Partenavia P68 aircraft, made effective on 28 August 2008, reflects CASA's adherence to Australia's obligations under this Convention, thereby negating the need for public consultation or a Regulatory Impact Statement. The AD cancellation has been 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.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 are promulgated, particularly in relation to the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These airworthiness directives are legislative instruments, as stipulated by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry have key roles in ensuring that aircraft meet safety standards. While ADs are typically issued to maintain safety, they can be cancelled under certain circumstances, such as fulfilling international obligations, without necessitating public consultation or a Regulatory Impact Statement. The cancellation of AD/P68/4 for Partenavia P68 aircraft, effective from 28 August 2008, exemplifies this process.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are designed to maintain or restore the airworthiness of aircraft and are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus also as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant. CASA must ensure the ongoing airworthiness of aircraft by issuing ADs as needed, which include instructions for maintenance, inspection, and operational limitations. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft is designed) has the overarching responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to States of Registry. Meanwhile, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft. For example, CASA has the authority to issue and subsequently cancel ADs, such as AD/P68/4 for Partenavia P68 aircraft, as demonstrated in this case where CASA reviewed and decided to cancel the AD.
Failure to comply with airworthiness directives can result in severe civil and criminal consequences. The regulations impose strict requirements on aircraft operators to adhere to ADs, and non-compliance can lead to the grounding of aircraft, fines, and in some cases, criminal charges. While the specific penalties are not detailed in the text provided, it is understood that significant fines and potential imprisonment may be imposed for serious violations under the Civil Aviation Act 1988. CASA is also responsible for enforcing these directives and can take action against non-compliant operators. The legal framework thus ensures that safety standards are rigorously maintained and enforced across the aviation sector.