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-25/19 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 ensure the safety of air navigation and to provide a comprehensive framework for the regulation of civil aviation in Australia, empowers the Governor-General to make regulations under section 98. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, confer upon the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001, thereby facilitating the maintenance of continuing airworthiness of aircraft and aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The enactment of this legislation aimed to address the need for a robust regulatory framework to manage the safety and airworthiness of aircraft within Australia, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988 was enacted by the Parliament of Australia to comprehensively regulate civil aviation within the country, focusing on ensuring safety and maintaining airworthiness standards.
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 for specific kinds of aircraft or aeronautical products, ensuring adherence to safety standards and the continuing airworthiness of aircraft. These directives apply to all aircraft registered in Australia and are a critical component of compliance with international civil aviation standards, particularly as stipulated in Annex 8 to the Convention on International Civil Aviation. Under this framework, the State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the maintenance and oversight of individual aircraft within its jurisdiction. The issuance, review, and cancellation of airworthiness directives, such as AD/PA-25/19 affecting Piper PA-25 aircraft, are governed by these regulations, with CASA acting on behalf of the Commonwealth to implement and enforce these measures. The AD cancellation in question, effective from 20 November 2008, reflects Australia's commitment to international obligations and has been processed without public consultation or the requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations placed on the parties governed by these regulations are significant. The State of Design, responsible for an aircraft type, must provide all necessary information to ensure its continuing airworthiness, as stipulated under Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to ensure that these aircraft remain airworthy.
CASA has issued, reviewed, and subsequently cancelled AD/PA-25/19, which affected Piper PA-25 aircraft. This cancellation is due to Australia’s obligations under the Convention on International Civil Aviation and will become effective on 20 November 2008. The cancellation of this AD did not require consultation with the Australian public, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes and Structures, in the Airworthiness Engineering Group at CASA, issued this AD cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements set out in these regulations may lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, general compliance with civil aviation regulations is enforced through the Civil Aviation Act 1988. Breaches of these regulations could potentially result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988 that are contravened.