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-25/12 Amdt 2 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, 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 provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Complementing the Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed provisions regarding airworthiness and safety standards. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a key mechanism for ensuring the continuing airworthiness of aircraft and are aligned with international standards under Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and oversight as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus addresses the need for stringent and internationally compliant safety regulations within the Australian civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are further governed by the Legislative Instruments Act 2003. The scope of these ADs is extensive, applying to all aircraft and aeronautical products within Australia, with a focus on ensuring their continued airworthiness. The geographic reach of these regulations is national, as they pertain to aircraft registered in Australia, with the State of Registry having the responsibility for the continuing airworthiness of individual aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The regulations do not apply to foreign aircraft not registered in Australia, unless they are temporarily within Australian airspace. There are no specific exclusions or thresholds outlined in the text, though the application of ADs can be influenced by subordinate instruments that extend or restrict their scope.
Key Provisions
The Civil Aviation Act 1988 empowers the Governor-General to create regulations that serve the interests of air navigation safety, as stated in section 98. Within the framework of this Act, the Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. This regulation, under subregulation 39.001(5), also establishes that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved primarily centre around ensuring the continuing airworthiness of aircraft. The State of Design is tasked with maintaining the overall airworthiness of a particular aircraft type and must provide necessary information to the States of Registry to ensure the safety and airworthiness of the aircraft. Conversely, the State of Registry is responsible for the ongoing airworthiness of individual aircraft and must establish or adopt requisite requirements to uphold this responsibility, in line with Annex 8 of the Convention on International Civil Aviation.
Breaching the obligations set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. The specific offences, penalties, or consequences for non-compliance are not detailed within the provided text; however, the nature of airworthiness directives and their regulatory underpinnings suggest that violations could result in severe penalties. Such penalties might encompass fines, imprisonment, or other civil or criminal sanctions, depending on the severity and impact of the non-compliance. It is important to note that the detailed legal repercussions would be found within the broader legislative framework and associated case law.