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-23/68 affecting Piper PA-23-250 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, aims to regulate civil aviation in the nation, ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to maintain safety standards for aircraft and aeronautical products, as outlined in the Civil Aviation Safety Regulations 1998. The cancellation of an AD, such as AD/PA-23/68 for Piper PA-23-250 aircraft, reflects Australia's commitment to international civil aviation standards under the Convention on International Civil Aviation. The decision to cancel the AD, made by CASA in accordance with the Act, was implemented without public consultation or the need for a Regulatory Impact Statement, as it aligns with Australia’s obligations under international conventions.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 empowers CASA to issue ADs for particular types of aircraft or aeronautical products, making such directives legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with both the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, acting within its jurisdictional scope, has the authority to issue, review, and, if necessary, cancel ADs. The cancellation of AD/PA-23/68 for Piper PA-23-250 aircraft, effective from 12 February 2009, exemplifies this authority and was conducted without public consultation as per Australia's international obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance and cancellation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Regulations empowers CASA to issue ADs for certain aircraft or aeronautical products (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions on parties governed by the Act include ensuring the airworthiness of aircraft and aeronautical products. The State of Design has a primary responsibility for providing information necessary to ensure the continuing airworthiness of an aircraft type (Annex 8, Convention on International Civil Aviation). Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory (Annex 8, Convention on International Civil Aviation). CASA, as the regulatory authority, is tasked with issuing and cancelling ADs to meet these obligations, as exemplified by the cancellation of AD/PA-23/68 affecting Piper PA-23-250 aircraft (Civil Aviation Safety Regulations 1998, reg 39.001(5); Civil Aviation Act 1988, s 84A(2)).
Any breach of the requirements set out in these regulations can lead to significant consequences. While the specific offences and penalties are not detailed in the text provided, the general framework of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 implies that non-compliance with airworthiness directives can result in enforcement actions, including potential civil or criminal penalties. The maximum penalties for breaches of civil aviation regulations can vary widely, depending on the severity and nature of the offence. For instance, serious violations might attract substantial fines or imprisonment, as stipulated under other sections of the Civil Aviation Act 1988. The exact penalties would need to be reviewed in the context of the broader legislation and relevant case law.