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.
The Civil Aviation Safety Authority or its predecessors issued AD/PA-28/53 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/53. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for issuing and managing such directives, with CASA having the authority to mandate requirements for aircraft on the Australian Register. This legislative framework ensures that Australia meets its international obligations while safeguarding the safety of its aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for air safety in Australia. It empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are legislative instruments that ensure the continuing airworthiness of aircraft and aeronautical products. These directives apply to all aircraft registered in Australia and are intended to address safety concerns identified by the State of Design, which is the country where the aircraft was originally designed. The State of Registry, which is the country where the aircraft is registered, must implement these directives to maintain the aircraft’s airworthiness. Notably, the ADs issued by CASA must align with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which governs the continuing airworthiness of aircraft. The process of issuing, amending, or cancelling these directives is conducted without public consultation, as determined by the Office of Best Practice Regulation, which has also found that ADs do not require a Regulatory Impact Statement. This streamlined approach ensures that safety measures are implemented promptly and effectively to maintain high standards of aviation safety within Australia.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to create regulations for the Act's purposes and for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. As outlined in subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments according to section 6 of the Legislative Instruments Act 2003. These ADs are pivotal in maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for the airworthiness of an aircraft type.
In compliance with international standards, CASA, as Australia's national airworthiness authority, is required to review any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must then issue its own ADs to enforce the requirements of the State of Design, ensuring the continuing airworthiness of the aircraft within the Australian Register. An example of this process is evident in AD/PA-28/53, which was issued by CASA for Piper PA-28 aircraft. However, following a reassessment by CASA, this particular AD was cancelled, effective from 13 March 2008, due to the unsafe condition no longer being applicable. No replacement AD was necessary as the issue had been resolved.
Regulatory obligations under this legislation necessitate that CASA, in its role as the national airworthiness authority, assess and respond to ADs issued by the State of Design. This includes the potential issuance of Australian ADs to enforce necessary safety measures for aircraft registered in Australia. Additionally, CASA must ensure compliance with international obligations under the Convention on International Civil Aviation, which may result in the cancellation of ADs when unsafe conditions are no longer present. The process of issuing or cancelling ADs is carried out by the Acting Manager, Systems and New Technologies, within the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA and other parties involved in the issuance and enforcement of ADs. CASA must thoroughly evaluate any ADs from the State of Design and decide whether to issue corresponding Australian ADs. Additionally, CASA is obligated to inform the public of any AD cancellations or changes. The Legislative Instruments Act 2003 further mandates that ADs be considered legislative instruments, requiring them to be properly documented and published. Failure to comply with these obligations may result in legal repercussions, including potential penalties for non-compliance with safety regulations. The maximum penalties for breaches of these regulations are determined by the relevant statutory provisions, which may include fines or other sanctions.