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-23/72 affecting Piper PA-23 aircraft equipped with nominated automatic flight control systems. 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 was enacted to ensure the safety of air navigation and to provide a legislative framework for civil aviation within Australia. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 being a key component. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8. Recently, CASA has cancelled an existing AD/PA-23/72 concerning Piper PA-23 aircraft equipped with certain automatic flight control systems, reflecting compliance with international obligations and no replacement AD is required. The cancellation process, overseen by CASA, adheres to the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) exercises its authority to issue airworthiness directives (ADs). These ADs apply to kinds of aircraft or aeronautical products, thereby affecting the entities involved in the design, manufacture, and maintenance of such products. The geographic and jurisdictional reach of these regulations extends across Australia and aligns with the international obligations set forth by the Convention on International Civil Aviation. The ADs are instrumental in ensuring the continuing airworthiness of aircraft as mandated by the State of Registry and the State of Design. The authority to issue ADs is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. The application and scope of these regulations are not restricted by thresholds or exclusions as specified in the text, but they are subject to the broader international aviation standards and obligations.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to enact regulations to ensure the safety of air navigation, while the Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This regulation is further elaborated in subregulation 39.001(5) which states that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions necessitate that CASA issue ADs to maintain the continuing airworthiness of aircraft, in compliance with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of aircraft types, while the State of Registry must implement requirements to maintain the airworthiness of individual aircraft. Specifically, CASA, in its capacity, has issued AD/PA-23/72 affecting Piper PA-23 aircraft equipped with certain automatic flight control systems. However, following a review, CASA has cancelled this directive, effective from 12 February 2009, without the need for a replacement. This cancellation aligns with Australia's international obligations and did not require public consultation or a Regulatory Impact Statement.
In terms of consequences, the Act and Regulations do not explicitly detail penalties for non-compliance with ADs; however, failure to adhere to these directives could result in severe civil and criminal liabilities under broader aviation safety laws. The issuance and cancellation of ADs by CASA are conducted in accordance with subsection 84A(2) of the Act, ensuring that all actions taken are within legal mandates. The AD cancellation reflects CASA's commitment to aligning with international obligations, thereby maintaining the safety standards expected under the Convention on International Civil Aviation.