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-23/71 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, governs the safety of air navigation within Australia. To ensure the safety and airworthiness of aircraft, the Act empowers the Governor-General to make regulations under section 98. These regulations are further detailed in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. Such ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral for maintaining the continuing airworthiness of aircraft types, aligning with obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for airworthiness information. CASA, acting on behalf of the State of Registry, issued and subsequently cancelled AD/PA-23/71 for Piper PA-23-250 aircraft, effective from 12 February 2009, without public consultation due to international obligations and without requiring a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness Directive) Instrument 2009 applies to the issuance and cancellation of airworthiness directives for aircraft, ensuring adherence to safety regulations and international obligations. It specifically targets the State of Registry, which is responsible for ensuring the ongoing airworthiness of individual aircraft, as well as the State of Design, which must provide necessary information to support this responsibility. The scope of this regulation extends to all aircraft within Australia's jurisdiction, as mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The instrument is a legislative tool under Australian law, reflecting the nation's commitment to international civil aviation standards as set by the Convention on International Civil Aviation. The regulation does not require public consultation or a Regulatory Impact Statement, as it is aligned with international obligations and does not introduce new regulatory burdens. The authority to issue or cancel such directives lies with the Civil Aviation Safety Authority (CASA), acting in accordance with the specified legislative provisions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations for the purposes of the Act, ensuring that air navigation safety is maintained. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are essential for maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. This system is designed to ensure that all relevant parties are informed and can act accordingly to maintain safety standards.
In accordance with this framework, CASA or its predecessors issued AD/PA-23/71, which affected Piper PA-23-250 aircraft. However, following a review, CASA has decided to cancel this directive. The cancellation of AD/PA-23/71 will take effect on 12 February 2009, and no replacement AD is required. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation. Given the nature of this cancellation, no public consultation was conducted, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was 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. This ensures that the cancellation process adheres to the necessary legal and regulatory standards. The obligations and requirements under these regulations impose a duty on CASA to issue ADs that are necessary for ensuring the continuing airworthiness of aircraft, and these directives must be aligned with international standards and obligations. Any failure to comply with these ADs could result in safety risks and potential non-compliance with international aviation safety standards.