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-24/1 affecting Piper PA-24 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. 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 Parliament of Australia, governs the regulation of civil aviation to ensure safety and efficiency within the industry. This Act was introduced to address the need for a comprehensive legal framework governing the operations, safety standards, and regulatory oversight of civil aviation in Australia. Among its provisions, the Act empowers the Governor-General to create regulations for the Act’s purposes, particularly in the interest of air navigation safety. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring the continuing airworthiness of these entities. The Civil Aviation Safety Regulations 1998 also specify that ADs are disallowable instruments, meaning they are subject to parliamentary scrutiny. This legislative framework reflects Australia's commitment to international aviation safety standards as outlined in the Convention on International Civil Aviation, with the State of Design and State of Registry sharing responsibilities for ensuring the airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and further defined by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered within Australia and are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in ensuring an aircraft’s continuing airworthiness. CASA, acting in its capacity to oversee these regulations, has the authority to issue and subsequently cancel ADs, as demonstrated by the cancellation of AD/PA-24/1 affecting Piper PA-24 aircraft, effective from 23 October 2008, without the necessity for public consultation due to Australia’s international obligations. The cancellation of this AD, executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, adheres to the procedural requirements of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These ADs, which are instrumental in maintaining the continuing airworthiness of aircraft, are issued by the State of Design as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, has the responsibility to ensure the aircraft's ongoing airworthiness. In Australia, CASA has the mandate to issue, review, and cancel ADs, such as AD/PA-24/1 for Piper PA-24 aircraft, which has been cancelled effective from 23 October 2008.
The cancellation of this particular AD is a result of Australia's obligations under the Convention on International Civil Aviation, and thus, did not require consultation with the Australian public. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. This 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.
The obligations imposed by these regulations include the necessity for the State of Design to provide essential information to ensure the continuing airworthiness of an aircraft type, and for the State of Registry to develop or adopt requirements to maintain the airworthiness of registered aircraft. CASA's role includes the issuance, review, and cancellation of ADs as necessary.
Failure to comply with these regulations may result in civil or criminal consequences, although the specific penalties are not detailed in the provided text. It is essential for parties and entities governed by these regulations to ensure adherence to the ADs and other safety directives to avoid potential legal repercussions.