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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-20/11 affecting Piper PA-20 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-20/11. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework governing civil aviation safety in Australia, addressing the need for stringent safety measures to protect air navigation. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, as outlined in section 98. One such 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. The objective of these ADs, which are considered legislative instruments, is to mandate safety measures for aircraft registered in Australia, in line with international standards set by the Convention on International Civil Aviation. The ADs ensure that the State of Registry is responsible for the ongoing airworthiness of individual aircraft, and CASA, as the national airworthiness authority, assesses and issues these directives to comply with Australia's obligations under international agreements.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under regulation 39.001, with these directives being legislative instruments as per the Legislative Instruments Act 2003. The ADs apply to the aviation industry, specifically to aircraft and aeronautical products, and their purpose is to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, is responsible for assessing ADs issued by States of Design and determining whether Australian ADs are necessary. The ADs affect all entities involved in the maintenance, operation, and registration of aircraft in Australia, ensuring compliance with international standards under the Convention on International Civil Aviation. While the Act and Regulations apply nationally, they are designed in accordance with international standards and obligations, thus extending their jurisdictional reach to align with global aviation safety practices. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued by CASA in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. This provision allows for the creation of detailed safety guidelines that can be applied to civil aviation. Section 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are instrumental in ensuring the safety and airworthiness of specific types of aircraft or aeronautical products. The nature of these directives is such that they are considered legislative instruments, as outlined in subregulation 39.001(5) and further elaborated under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to issue ADs in response to identified safety issues. These directives serve as a critical tool for maintaining the continuing airworthiness of aircraft, a responsibility that ultimately falls on the State of Registry of an individual aircraft. The State of Registry must ensure that all requirements to maintain airworthiness are met, and when a State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet the highest safety standards, consistent with international obligations under the Convention on International Civil Aviation.
CASA’s actions regarding AD/PA-20/11 for Piper PA-20 aircraft exemplify the practical application of these provisions. The initial AD was issued to address a specific safety concern, but subsequent assessment by CASA determined that the unsafe condition had been resolved. Consequently, CASA cancelled the AD, effective from 5 June 2008, and no replacement AD was required. This decision was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and the cancellation process did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The issuance and cancellation of ADs are overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, as stipulated in subsection 84A(2) of the Act. This structured approach ensures that ADs are implemented in a manner that is both efficient and compliant with international safety standards. The rigorous assessment process highlights the commitment to maintaining high safety standards in Australian civil aviation.