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-23/40 Amdt 1 affecting Piper PA-23 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 February 2009. 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 acting Manager, Airframes and Structures 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 legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and operations. This Act authorises the Governor-General to make regulations for the purposes of the Act, specifically under section 98, to maintain air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. The authority to issue and cancel these directives is exercised by CASA, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the regulation of airworthiness in Australia, with specific focus on the issuance and management of airworthiness directives (ADs). These regulations apply to all persons and entities involved in the aviation industry, including aircraft operators, manufacturers, and maintenance providers, with the aim of ensuring that all aircraft and aeronautical products meet the required safety standards. The geographic scope of this legislation is national, with the Civil Aviation Safety Authority (CASA) acting as the regulatory body under the Act, empowered to issue ADs for particular kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and the provisions of the Legislative Instruments Act 2003. The cancellation of AD/PA-23/40 Amdt 1 for Piper PA-23 aircraft by CASA exemplifies the application of this regulatory framework, reflecting Australia's commitment to international obligations under the Convention on International Civil Aviation, particularly concerning continuing airworthiness responsibilities of the State of Design and State of Registry. The process of AD cancellation, as demonstrated, does not necessitate public consultation or a Regulatory Impact Statement, aligning with the streamlined approach for certain regulatory adjustments within the aviation sector.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, which in this case, includes issuing ADs to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with these directives being classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other parties include ensuring that ADs are issued to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to maintain airworthiness, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as the regulatory authority, has the responsibility of issuing and, if necessary, cancelling ADs to comply with these international obligations.
In terms of consequences for breach, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs. However, failure to comply with an AD can lead to serious safety issues, potentially resulting in severe civil or criminal penalties under broader aviation laws. CASA has the authority to enforce compliance through various means, including fines, suspension or revocation of airworthiness certificates, and other regulatory actions. The specific penalties for breaches would be determined in the context of broader aviation safety regulations and could include substantial financial penalties or imprisonment, depending on the severity of the breach.