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-28/24, affecting Piper PA-28 model aircraft, in 1969. 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 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 Australian Parliament, aims to regulate the safety of air navigation, and is instrumental in establishing a robust legal framework for civil aviation within Australia. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the specific mechanisms for ensuring the continuing airworthiness of aircraft and aeronautical products. One such mechanism involves the issuance of airworthiness directives, which are legislative instruments subject to disallowance and review, as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thereby facilitates compliance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information to ensure aircraft type airworthiness.
The Civil Aviation (Airworthiness Directives) Legislative Instrument 2008, which cancels AD/PA-28/24 for Piper PA-28 model aircraft, reflects CASA's role in assessing and implementing airworthiness directives issued by the State of Design, in this case, the United States. Given that all affected aircraft have already been modified, CASA determined that no further action is necessary, thus reducing the regulatory burden. This legislative instrument was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and ADs are a standard method of communicating necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess and, if deemed appropriate, issue Australian ADs in alignment with the requirements set by the State of Design. In the case of AD/PA-28/24, which affected Piper PA-28 model aircraft and was issued by CASA in 1969, CASA has decided to cancel this directive effective 3 July 2008. This decision does not require public consultation or a Regulatory Impact Statement, as the cancellation reduces regulatory burden and all affected aircraft have already been modified. The Manager, Airframes in the Airworthiness Engineering Branch, issued this cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. These directives are essential tools for maintaining the continuing airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, CASA, as Australia's national airworthiness authority, is mandated to ensure the continuing airworthiness of aircraft registered in Australia. When the State of Design issues an AD for a type of aircraft, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian aircraft meet international safety standards and maintains the integrity of the nation's air transport system.
CASA issued AD/PA-28/24 in 1969, which affected Piper PA-28 model aircraft. After reviewing this directive, CASA decided to cancel it, effective from 3 July 2008. This cancellation does not require a replacement AD as all affected aircraft would have been modified long ago. The decision to cancel the AD was based on the reduction of regulatory burden, and no consultation with the Australian public was deemed necessary. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement in this instance.
Under the Civil Aviation Act 1988, any breach of the regulations or ADs can lead to civil or criminal penalties. The maximum penalties for non-compliance with the Civil Aviation Act 1988 can include substantial fines and, in severe cases, imprisonment. Additionally, aircraft found to be non-compliant with ADs may be grounded, resulting in significant operational disruptions and financial losses for operators. These provisions underscore the importance of adhering to ADs and maintaining the highest standards of airworthiness.