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/PA-22/23 affecting Piper PA-22 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. Under section 98 of the Act, the Governor-General is empowered to create regulations for air navigation safety, which CASA administers through the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations enables CASA to issue ADs for specific types of aircraft or aeronautical products, which serve as a critical mechanism for ensuring the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The cancellation of AD/PA-22/23 for Piper PA-22 aircraft, as a result of Australia's obligations under the Convention, exemplifies the practical application of these regulatory provisions.
Scope and Application
The Civil Aviation Act 1988 provides the legislative foundation for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are regulatory instruments designed to ensure the safety of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), an AD is classified as a disallowable instrument, and thus constitutes a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The issuance and subsequent cancellation of these directives are deeply intertwined with international obligations under the Convention on International Civil Aviation, particularly with respect to the continuing airworthiness of aircraft as outlined in Annex 8. The State of Design retains overall responsibility for the airworthiness of aircraft types, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. The ADs serve as crucial tools in this international framework, and their issuance or cancellation can be influenced by Australia's commitments under the Convention.
Key Provisions
The Civil Aviation Act 1988, particularly in section 98, empowers the Governor-General to establish regulations for the safety of air navigation. Complementing this, 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, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily concerned with maintaining the safety and airworthiness of aircraft. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of aircraft types. This includes providing necessary information to the States of Registry to maintain the airworthiness of these aircraft. Similarly, the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction.
Failure to comply with these regulations can result in various consequences. Although specific offences, penalties, or civil and criminal consequences are not detailed in this particular legislation, it is understood that breaches of airworthiness directives and related regulations can lead to serious repercussions, including potential grounding of aircraft, fines, and other enforcement actions by CASA. The Civil Aviation Act 1988 and related regulations are designed to ensure that all parties involved adhere strictly to the mandated safety standards to prevent accidents and ensure public safety.