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-23/42 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 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 Australian Parliament, provides a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act allows for the creation of regulations that support its objectives, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as a means of communicating necessary safety information and ensuring the continuing airworthiness of aircraft in Australia. The cancellation of AD/PA-23/42 Amdt 1 for Piper PA-23 aircraft by CASA on 12 February 2009, without the need for public consultation or a Regulatory Impact Statement, reflects the alignment of Australian practices with international obligations under the Convention on International Civil Aviation, particularly those concerning the State of Design and the State of Registry's responsibilities for aircraft airworthiness. This cancellation was executed in accordance with the legislative powers vested in CASA.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers 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, in line with international standards set by the Convention on International Civil Aviation. ADs are typically issued by the State of Design and are crucial for maintaining the continuing airworthiness of aircraft. The State of Registry, which is responsible for the individual aircraft, must implement the requirements outlined in the ADs to comply with both national and international regulations. In this instance, CASA issued an AD for Piper PA-23 aircraft, which has since been cancelled due to Australia's obligations under the Convention on International Civil Aviation. The cancellation of this directive does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD was cancelled by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to issue regulations (section 98) and for CASA to issue airworthiness directives (ADs) for specific aircraft or aeronautical products (regulation 39.001). An AD is classified as a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument as per the Legislative Instruments Act 2003 (subregulation 39.001(5)). This legislative framework ensures the safety of air navigation and the continuing airworthiness of aircraft.
The obligations imposed by the Act and the Regulations require the State of Design to provide essential information to ensure the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, is mandated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. Furthermore, CASA must ensure that any AD issued aligns with international standards and obligations, and must consult and communicate appropriately within the legislative framework.
Breaches of the provisions in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. For example, failure to comply with ADs can lead to severe penalties, including fines and imprisonment. The maximum penalties for breaches vary depending on the severity and nature of the offence but can include substantial fines and imprisonment terms. It is essential for entities and individuals governed by these regulations to adhere strictly to the mandates to avoid these potential consequences.
In the specific case of AD/PA-23/42 Amdt 1, which affected Piper PA-23 aircraft, CASA has reviewed and decided to cancel the AD, effective from 12 February 2009. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. The decision was made without public consultation, as it was determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative requirements.