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-28/10 affecting Piper PA-28 model aircraft in 1967. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as all affected aircraft would have been inspected, and, if necessary, modified long ago.
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 Commonwealth Parliament, is the principal legislation governing civil aviation in Australia. This Act provides the legal framework for ensuring the safety and efficiency of civil aviation within the country. In particular, it empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as a critical tool for maintaining the continuing airworthiness of aircraft. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. The ADs, which are legislative instruments under the Legislative Instruments Act 2003, ensure that aircraft continue to meet safety standards. CASA has the authority to issue these directives, as seen in the cancellation of AD/PA-28/10 for Piper PA-28 model aircraft, effective from 3 July 2008, following a review that determined no further action was necessary. This cancellation was made without public consultation as it alleviates regulatory burdens, and the Office of Best Practice Regulation has confirmed that such ADs do not require a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in line with the Act’s provisions.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety and regulation of aviation in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such ADs are legislative instruments that must adhere to the requirements of the Legislative Instruments Act 2003. The ADs are issued in line with international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. In the case of Piper PA-28 model aircraft, CASA issued AD/PA-28/10 in 1967, which is now being cancelled due to the aircraft having been inspected and modified as necessary long ago. This cancellation, effective from 3 July 2008, does not require public consultation or a Regulatory Impact Statement as it reduces regulatory burden. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of the aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must review and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Offences and penalties related to non-compliance with these directives are not explicitly detailed in the text. However, the failure to comply with an airworthiness directive could potentially result in civil or criminal consequences, including fines or imprisonment, depending on the severity of the breach and the specific regulations breached. The text indicates that CASA has the authority to cancel an AD if it determines that the regulatory burden can be reduced without compromising safety, as seen with AD/PA-28/10 affecting Piper PA-28 model aircraft, which was cancelled on 3 July 2008. This cancellation was made without public consultation as it was deemed to reduce the regulatory burden and did not require a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.