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/P68/5 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 by the Australian Parliament, governs the safety of air navigation and the issuing of airworthiness directives to ensure the continuing safety of aircraft and aeronautical products. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as critical tools for maintaining the airworthiness of aircraft in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 and associated regulations were designed to address the need for stringent safety measures in air navigation and aircraft maintenance, thereby safeguarding the public and enhancing aviation safety. The policy objective behind these provisions is to ensure that all aircraft meet the highest safety standards, thereby preventing accidents and maintaining public confidence in aviation safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to specific kinds of aircraft or aeronautical products and are issued in the interests of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the legal basis for CASA to issue such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. The cancellation of AD/P68/5, affecting Partenavia P68 aircraft, was carried out by CASA and is effective from 28 August 2008, without the need for public consultation or a Regulatory Impact Statement due to Australia's international obligations. The Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA made this directive on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
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 types of aircraft or aeronautical products (section 98 and regulation 39.001). An AD is a legislative instrument under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003 (subregulation 39.001(5)). These directives serve as the primary means of ensuring the continuing airworthiness of aircraft types, aligning with Annex 8 to the Convention on International Civil Aviation. Under this international framework, the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the State of Registry to ensure compliance with airworthiness standards.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including CASA, have specific obligations to maintain the continuing airworthiness of aircraft. The State of Registry must implement or adopt measures to ensure the airworthiness of aircraft registered within its jurisdiction (Annex 8). CASA, as the regulatory authority, has issued, reviewed, and subsequently cancelled AD/P68/5 for Partenavia P68 aircraft, effective from 28 August 2008. The cancellation of this AD was in accordance with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the public or Regulatory Impact Statement was required.
In terms of legal consequences, the Act and Regulations do not explicitly outline specific offences or penalties for non-compliance with ADs. However, failure to adhere to an AD may result in the grounding of an aircraft, which carries significant operational and financial implications for the aircraft operator. The severity of the consequences depends on the specific circumstances and the extent of non-compliance. CASA's authority to issue and enforce ADs is a critical mechanism for ensuring that aviation safety standards are met and maintained.