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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA issued AD/PA-25/34, affecting Piper PA-25 model aircraft in 1976. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the regulation and safety of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives. Under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were subsequently established, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulation 2007, made under section 98 of the Civil Aviation Act 1988, applies to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This regulation pertains to individuals and entities involved in the aviation industry, particularly those responsible for the continuing airworthiness of aircraft types registered in Australia. The scope of the regulation is nationwide, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The regulation does not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, and does not necessitate a Regulatory Impact Statement due to its minimal regulatory impact. The regulation extends CASA's authority to issue, modify, or cancel ADs, with AD/PA-25/34 being cancelled effective 17 January 2008, as it is superseded by AD/GENERAL/74 Amendment 1.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority extends to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft types and aeronautical products.
In compliance with Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure the aircraft’s ongoing airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to enforce the continuing airworthiness of individual aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess this information and, if necessary, issue an Australian AD to implement the requirements stipulated by the State of Design.
CASA has issued AD/PA-25/34, which affects Piper PA-25 model aircraft from 1976. Following a review, CASA has decided to cancel this AD, effective from 17 January 2008. This cancellation, which eliminates the need for a replacement AD as the original safety concern is now covered by AD/GENERAL/74 Amendment 1, does not necessitate public consultation due to the reduction in regulatory burden. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD cancellation is made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Act 1988, CASA has the authority to impose obligations on entities and individuals concerning airworthiness directives. These obligations include the timely assessment and implementation of ADs issued by the State of Design, ensuring that all necessary actions are taken to maintain the airworthiness of aircraft on the Australian Register. Additionally, CASA must ensure that any changes to ADs, such as cancellations, are appropriately communicated and that stakeholders are informed of any shifts in regulatory requirements. Failure to adhere to these obligations may result in civil or criminal consequences, although the specific penalties are not detailed within the given text.