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/P68/8 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 Commonwealth Parliament, was introduced to establish a regulatory framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. In line with these objectives, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure ongoing safety standards. The ADs are legislative instruments subject to disallowance and review processes. As part of Australia's commitments under the Convention on International Civil Aviation, the State of Design and the State of Registry bear responsibilities for the continuing airworthiness of aircraft, with ADs being a key mechanism for communicating necessary safety information. In light of these international obligations, CASA has the authority to issue and subsequently cancel ADs, such as the AD/P68/8 for Partenavia P68 aircraft, which was cancelled effective 28 August 2008 without a replacement, thereby adhering to Australia's international commitments and internal legislative requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. The State of Design of an aircraft holds primary responsibility for the ongoing airworthiness of the aircraft type, under Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the State of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of the individual aircraft and must adopt requirements to uphold this responsibility. The ADs serve as a key mechanism for disseminating continuing airworthiness information among ICAO Contracting States, including Australia. In this instance, CASA issued and subsequently cancelled AD/P68/8 for Partenavia P68 aircraft, with the cancellation taking effect on 28 August 2008, without the need for a replacement AD due to Australia's international obligations. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to make regulations in the interest of air navigation safety. Pursuant to this power, the Civil Aviation Safety Regulations 1998 (CASR) were created, with regulation 39.001 granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain aircraft and aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to section 6 of the Legislative Instruments Act 2003.
Under the obligations set out by the Civil Aviation Safety Regulations, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, CASA issued AD/P68/8 for Partenavia P68 aircraft, which has now been cancelled. The cancellation, in accordance with Australia's obligations under the Convention on International Civil Aviation, will become effective on 28 August 2008, and no replacement AD is required.
Entities governed by the Civil Aviation Act and its regulations, such as CASA and aircraft operators, have specific obligations to ensure compliance with ADs. CASA must issue ADs as necessary to maintain the continuing airworthiness of aircraft, while aircraft operators must comply with the requirements set out in any AD that applies to their aircraft. Failure to comply with ADs can result in serious safety consequences, including potential accidents and incidents that could endanger passengers, crew, and the general public.
The Civil Aviation Safety Regulations do not outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, non-compliance with ADs may result in enforcement actions by CASA, such as fines, suspension or revocation of airworthiness certificates, and other administrative penalties. In extreme cases, non-compliance with ADs may also result in criminal charges under the Civil Aviation Act or other relevant legislation, with potential penalties including imprisonment and fines. It is essential for all parties governed by the Civil Aviation Act and its regulations to understand their obligations and to comply with ADs to ensure the safety of air navigation.