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-25/7 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations under section 98, which are critical for maintaining the safety standards of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. This regulatory mechanism is essential for fulfilling Australia's commitments under the Convention on International Civil Aviation, particularly in ensuring that States of Design and Registry maintain and communicate necessary information for the safe operation of aircraft. The Civil Aviation Safety Regulations 1998 were amended to reflect these international obligations, making ADs a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The cancellation of a specific AD affecting Piper PA-25 aircraft, as a result of Australia's international obligations, demonstrates the ongoing commitment to these safety standards without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation, particularly the obligations of the State of Design and the State of Registry. The specific AD/PA-25/7 affecting Piper PA-25 aircraft, issued by CASA, has been cancelled due to Australia’s obligations under the Convention, and this cancellation will take effect on 20 November 2008, without the need for a replacement AD.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). Under section 98, the Governor-General can make regulations for air navigation safety, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations are primarily centred around ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as the State of Registry, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within Australia. The issuance of ADs is a critical mechanism for achieving these obligations, ensuring that aircraft meet safety standards.
In terms of consequences for breach, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, failing to comply with an AD can result in serious safety issues, potentially leading to enforcement actions by CASA. While the maximum penalties are not explicitly stated in the text, non-compliance can lead to severe regulatory scrutiny, fines, or other sanctions under broader aviation safety laws.
The legislative framework ensures that CASA has the authority to cancel ADs, as evidenced by the cancellation of AD/PA-25/7 affecting Piper PA-25 aircraft, which became effective on 20 November 2008. The process of cancelling an AD due to obligations under international conventions, such as the Convention on International Civil Aviation, does not require public consultation or a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the statutory provisions.