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/P68/6 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 establish a framework for civil aviation in Australia, ensuring safety and efficiency in the sector. One of the key mechanisms introduced by this Act is the ability for the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Specifically, 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. These directives serve as a critical tool in maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australia adheres to international standards while managing domestic aviation safety effectively. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901, as outlined in the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issue of airworthiness directives under section 98 of the Civil Aviation Act 1988, apply to the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA) is authorised to issue these directives for specific kinds of aircraft or aeronautical products to ensure safety in air navigation. These airworthiness directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic scope of this regulation extends to all aircraft registered within Australia, adhering to international obligations under the Convention on International Civil Aviation. Notably, the State of Design and the State of Registry both bear responsibilities regarding the continuing airworthiness of aircraft, with CASA playing a pivotal role in enforcing these standards. In this particular instance, AD/P68/6, which was issued for Partenavia P68 aircraft, has been cancelled by CASA due to international obligations, and no replacement directive is required. The cancellation of this directive reflects the interplay between national and international aviation safety standards, and no public consultation was conducted as mandated by Australia's commitments under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft, as per the requirements of Annex 8 to the Convention on International Civil Aviation. Specifically, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument as per the Legislative Instruments Act 2003.
Entities governed by these regulations, particularly CASA and the States of Registry, bear significant responsibilities. CASA, acting under the authority granted by regulation 39.001, must issue ADs to maintain the airworthiness of aircraft within Australia. The State of Registry for each aircraft must ensure compliance with these ADs, developing or adopting requirements that align with international standards to maintain the safety and airworthiness of the aircraft under their jurisdiction. The State of Design, on the other hand, is responsible for providing any necessary information to support these efforts.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant legal repercussions. Violations may result in civil penalties, criminal charges, or both, depending on the severity and intent behind the breach. The maximum penalties for such breaches can be severe, reflecting the critical importance of adhering to these regulations to ensure the safety of air navigation. CASA's authority to issue and cancel ADs, as exercised in the case of AD/P68/6 affecting Partenavia P68 aircraft, underscores the stringent measures in place to enforce compliance and maintain the highest safety standards in Australian aviation.