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-23/77 Amendment 1 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 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation and ensure the safety of air navigation within Australia. This legislation grants the Governor-General the authority to create regulations in the interest of air navigation safety, as seen in the issuing of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft in line with the Convention on International Civil Aviation. The Civil Aviation Act 1988 was introduced to address the need for a comprehensive legal framework governing civil aviation safety and to ensure that Australia meets its international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, empowering the Governor-General to make regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, specifically enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The ADs are aligned with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In Australia, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, which involves developing or adopting relevant requirements. CASA, on behalf of Australia, issues ADs to meet these international obligations and to ensure the safety and airworthiness of aircraft operating within Australian jurisdiction. The cancellation of specific ADs, such as AD/PA-23/77 Amendment 1 for Piper PA-23-250 aircraft, is made in accordance with the Act and reflects Australia’s commitment to international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations that are in the interest of the safety of air navigation, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. They are a crucial form of continuing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation, which requires the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry.
The obligations imposed by these regulations and the ADs issued under them primarily focus on ensuring the safety and airworthiness of aircraft. The State of Design must take overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as the regulatory body, has the authority to issue, review, and cancel ADs as necessary to meet these responsibilities. The AD/PA-23/77 Amendment 1, originally issued by CASA and affecting Piper PA-23-250 aircraft, has been reviewed and subsequently cancelled by CASA, effective 12 February 2009, due to Australia's obligations under the Convention on International Civil Aviation. This cancellation does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with ADs can result in serious consequences. Section 84A(2) of the Act outlines that CASA has the authority to take action against non-compliance, which may include issuing fines or other penalties. The exact nature and severity of penalties can depend on the specific circumstances of non-compliance, but they are intended to ensure that all parties adhere to the safety and airworthiness standards established by the ADs. The maximum penalties for breaches of the Civil Aviation Act and associated regulations can include substantial fines, imprisonment, or both, depending on the nature and severity of the offence. It is essential for all stakeholders, including aircraft owners, operators, and maintenance personnel, to comply with ADs to maintain the high safety standards required by Australian aviation law.