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/P68/7 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing gaps in the regulation of safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, which is further delineated by the Civil Aviation Safety Regulations 1998. These regulations, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are crucial for ensuring the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. In the context of international obligations, Australia's adherence to Annex 8 of the Convention on International Civil Aviation underscores the responsibility of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. Consequently, CASA has the authority to issue, review, and cancel ADs as necessary, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the authority of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that aim to ensure the safety of air navigation and are part of Australia's compliance with the Convention on International Civil Aviation. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products. While the State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, in accordance with Annex 8 of the Convention. CASA, acting on behalf of Australia, has the authority to issue these directives and has the power to cancel them as well, as demonstrated by the cancellation of AD/P68/7 for Partenavia P68 aircraft, effective from 28 August 2008. The cancellation was executed without public consultation, as it aligns with Australia's obligations under the Convention, and it was determined by the Office of Best Practice Regulation that no Regulatory Impact Statement is necessary for such ADs.
Key Provisions
The main provisions of the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create these regulations for the safety of air navigation. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance as per section 46A. The ADs serve as a means for the State of Design to ensure the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Registry is then responsible for ensuring that individual aircraft meet these continuing airworthiness standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to issue ADs as necessary to maintain the safety of air navigation. The State of Design must provide all necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft. CASA’s role includes reviewing and, if necessary, cancelling ADs, such as AD/P68/7 for Partenavia P68 aircraft, which was cancelled due to compliance with international obligations. This cancellation, effective from 28 August 2008, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While specific offences and penalties are not detailed in this particular notice, general breaches of civil aviation regulations can result in both civil and criminal penalties. Civil penalties may include fines and other monetary sanctions, whereas criminal penalties can lead to imprisonment or additional fines, depending on the severity and nature of the breach. The exact penalties depend on the specific regulations contravened and the circumstances of the breach. It is crucial for all parties governed by these regulations to adhere strictly to the requirements to avoid these potential consequences.