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/P68/45 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, Airframes 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 and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation. One such regulation, under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that are essential for ensuring the continuing airworthiness of aircraft, a responsibility ultimately held by the State of Registry of the individual aircraft. CASA, acting in accordance with Australia’s obligations under the Convention on International Civil Aviation, has the authority to issue, review, and cancel ADs as necessary. In this instance, CASA has cancelled an existing AD for Partenavia P68 aircraft, which will become effective on 28 August 2008, with no replacement AD required. This action was taken in alignment with international obligations and without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with the primary objective of ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs is integral to fulfilling Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of essential information to States of Registry. The State of Registry, in turn, is mandated to establish or adopt requisite measures to ensure the ongoing airworthiness of aircraft. The issuance and subsequent cancellation of ADs, such as AD/P68/45 affecting Partenavia P68 aircraft, are governed by CASA, reflecting the authority's role in enforcing compliance with international standards and obligations. Notably, the cancellation of such ADs may occur in alignment with international commitments, thereby obviating the need for public consultation or the preparation of a Regulatory Impact Statement.
Key Provisions
The main operative sections of this piece of legislation focus on the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation on the parties and entities it governs are primarily centred on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to the appropriate States of Registry. Similarly, the State of Registry is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft. In the context of Australian legislation, CASA, acting on behalf of the State of Registry, issues ADs to maintain airworthiness standards and compliance with international obligations.
In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly detail specific penalties for non-compliance with ADs. However, failing to comply with an AD can lead to significant safety risks, which may result in enforcement actions by CASA. Such actions could include grounding of the affected aircraft until the required compliance measures are implemented, fines, or other administrative penalties. While the specific maximum penalties are not stated within the text, it is understood that non-compliance with safety regulations can result in serious legal and financial repercussions for the parties involved.
Overall, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety and airworthiness of aircraft within Australia. By issuing airworthiness directives and enforcing compliance with these regulations, CASA upholds both national and international standards for the safe operation of aircraft. The cancellation of AD/P68/45, as mentioned in the explanatory statement, demonstrates the ongoing commitment of CASA to maintaining airworthiness standards in line with Australia's obligations under the Convention on International Civil Aviation.