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-24/29 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, Airframes 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 the continuing airworthiness of aircraft in Australia, addressing the need for a comprehensive legal framework governing civil aviation. Under this Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further specify that ADs are disallowable instruments, thus classifying them as legislative instruments. The Act and its regulations reflect Australia's commitment to international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry play crucial roles in ensuring the airworthiness of aircraft. In line with these obligations, CASA has the authority to issue, review, and cancel ADs, as demonstrated by the cancellation of AD/PA-24/29 for Piper PA-24 aircraft, which will become effective on 23 October 2008.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. Regulation 39.001 allows CASA to create these directives, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in ensuring aircraft safety. The State of Design is responsible for providing necessary information to maintain airworthiness, while the State of Registry must implement requirements to uphold the continuing airworthiness of individual aircraft. In this context, CASA’s issuance and subsequent cancellation of AD/PA-24/29 for Piper PA-24 aircraft, effective from 23 October 2008, reflects adherence to international obligations, thereby obviating the need for public consultation and a Regulatory Impact Statement. The AD cancellation aligns with Australia’s commitments under the Convention on International Civil Aviation, illustrating the intricate balance between national regulatory practices and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations that align with the Act's objectives and ensure the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it qualifies as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest on CASA to ensure the continuing airworthiness of aircraft. This includes the issuance of ADs as necessary to maintain safety standards. The State of Design, under Annex 8 of the Convention on International Civil Aviation, bears the responsibility for the continuing airworthiness of aircraft types, ensuring they provide necessary information to States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of individual aircraft. CASA, acting within these frameworks, has the authority and responsibility to issue, review, and cancel ADs as necessary to meet international and domestic safety standards.
In relation to the specific AD/PA-24/29 affecting Piper PA-24 aircraft, CASA has issued a directive that has since been reviewed and subsequently cancelled. This cancellation, effective from 23 October 2008, was made in compliance with Australia’s obligations under the Convention on International Civil Aviation and does not necessitate public consultation or the preparation of a Regulatory Impact Statement. This AD cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The absence of a replacement AD indicates that the measures previously outlined in the directive are no longer considered necessary.
Any breaches of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 could result in significant civil or criminal consequences, depending on the nature and severity of the violation. Although the specific penalties for breaches related to ADs are not detailed in the provided text, violations of civil aviation regulations can generally lead to fines, imprisonment, or both. The exact penalties would be determined by the courts based on the specific breach and applicable laws. The overarching goal of these provisions and potential penalties is to maintain the highest standards of safety in civil aviation.