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-25/10 affecting Piper PA-25 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 20 November 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 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 to regulate and ensure the safety of civil aviation within Australia, allows the Governor-General to issue regulations under section 98 in the interests of air navigation safety. This framework empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft types and individual aircraft, aligning with Australia's obligations under Annex 8 of the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. Recently, CASA reviewed and subsequently cancelled AD/PA-25/10 affecting Piper PA-25 aircraft, effective from 20 November 2008, without issuing a replacement directive, in line with Australia's international obligations and without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to the safety of air navigation and authorises the Governor-General to make regulations for this purpose. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The scope of this Act extends to all aircraft registered in Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry hold responsibilities for the continuing airworthiness of aircraft. CASA, representing the State of Registry, has the authority to issue, review, and cancel airworthiness directives, as demonstrated by the cancellation of AD/PA-25/10 for Piper PA-25 aircraft, effective from 20 November 2008. This cancellation was necessitated by international obligations and did not require public consultation or a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001 (paragraph 1). This regulatory authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations that enhance the safety of air navigation (section 98). Notably, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)).
The State of Design bears overarching responsibility for the continuing airworthiness of an aircraft type, according to Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the ongoing airworthiness of the aircraft type (paragraph 2). Correspondingly, the State of Registry is tasked with developing or adopting requirements to guarantee the continuing airworthiness of individual aircraft, as mandated by Annex 8 (paragraph 3).
The Civil Aviation Safety Authority (CASA) previously issued AD/PA-25/10, which affected Piper PA-25 aircraft. After reviewing this directive, CASA has decided to cancel it, effective from 20 November 2008 (paragraph 4). This cancellation is in compliance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation (paragraph 5). The cancellation was authorised by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988 (paragraph 6).
Under the Civil Aviation Safety Regulations 1998, any breach of the regulations, including failure to comply with an AD, can result in significant civil or criminal penalties (paragraph 7). The specific consequences and penalties for non-compliance are not detailed in this particular legislative instrument, but typically, such breaches can lead to substantial fines, imprisonment, or both, depending on the severity of the violation and the discretion of the court. It is essential for all stakeholders to adhere to the regulatory requirements to avoid these potential legal repercussions.