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-23/86 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 was enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation within Australia. The Act empowers the Governor-General to make regulations that support these objectives, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901. The policy objective is to maintain and enhance the safety of aircraft through continuous airworthiness management, in line with international standards set by the Convention on International Civil Aviation. The Act facilitates the cooperation between the State of Design and the State of Registry to ensure that all necessary information and requirements are met to keep aircraft airworthy. In the specific case of AD/PA-23/86 affecting Piper PA-23 aircraft, CASA has cancelled the directive due to Australia's international obligations, and no replacement directive is required, reflecting the ongoing commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of civil aviation safety in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, thereby ensuring that these aircraft maintain the required safety standards. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation. These regulations apply to all aircraft registered in Australia and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a crucial mechanism for communicating safety-related information necessary for the continuing airworthiness of aircraft, with the State of Registry bearing the responsibility for ensuring compliance. Notably, the issuance, review, and cancellation of these directives are conducted by CASA, reflecting the authority and responsibility vested in this entity to uphold aviation safety standards within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are crucial for ensuring that aircraft maintain their airworthiness and comply with safety standards. Section 39.001(5) of the Regulations clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
The obligations under this legislation place significant responsibility on CASA to issue and manage ADs to ensure the continuing airworthiness of aircraft within Australia. CASA must work in accordance with the requirements outlined in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. Additionally, the State of Registry, in this case CASA, must develop or adopt requirements to maintain the airworthiness of specific aircraft. These obligations necessitate close collaboration with other international regulatory bodies to ensure compliance with global safety standards.
Failure to adhere to the ADs can result in serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance with ADs, any breach of airworthiness requirements can lead to severe civil and criminal penalties under the Civil Aviation Act 1988. These can include fines and imprisonment, reflecting the critical importance of adhering to ADs to maintain safety standards. The seriousness of non-compliance underscores the need for stringent oversight and enforcement by CASA.
Given the international nature of aviation, CASA must also consider Australia's obligations under the Convention on International Civil Aviation when issuing or cancelling ADs. For instance, AD/PA-23/86, affecting Piper PA-23 aircraft, was issued and subsequently cancelled by CASA due to these international obligations. This cancellation took effect on 12 February 2009, and no replacement AD was required. The process of issuing and cancelling ADs is overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no public consultation has taken place for the cancellation of ADs due to their alignment with international obligations.