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-28/69 affecting Piper PA-28 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PA-28/69. The cancellation will become effective on 3 July 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 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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation in Australia. This legislation provides the legislative framework within which the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. Regulation 39.001 of these regulations allows CASA to mandate safety measures in line with international standards, ensuring the continuing airworthiness of aircraft registered in Australia. In this context, the Civil Aviation Safety Regulations 1998 mandate that ADs are to be issued when necessary to maintain safety standards, reflecting the overarching policy objective of protecting public safety through rigorous oversight and compliance with international aviation safety conventions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a regulatory framework designed to ensure the safety of air navigation within Australia. This Act applies to all aircraft registered in Australia, as well as to the operations of civil aviation entities and individuals involved in the design, manufacture, maintenance, and operation of aircraft. It extends its reach nationally, reflecting Australia’s commitment to international civil aviation standards as set out in the Convention on International Civil Aviation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft, with CASA acting as the national airworthiness authority. The application of these regulations is broad and includes all aircraft registered in Australia, irrespective of the specific industry or entity involved. While ADs are integral to ensuring safety, certain ADs may be cancelled when the unsafe conditions they were designed to address no longer exist, as evidenced by the recent cancellation of Australian AD/PA-28/69 concerning Piper PA-28 aircraft, effective from 3 July 2008.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives 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 the Civil Aviation Safety Regulations 1998 on CASA and other parties are significant. The State of Design, which is the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to ensure airworthiness to the States of Registry. The State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Non-compliance with ADs can lead to serious legal and safety consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue ADs, and failure to comply with these directives can result in severe penalties. While the exact penalties are not specified in the text provided, it is clear that such non-compliance can lead to civil and criminal consequences, given the critical nature of airworthiness directives in maintaining aviation safety. CASA's role in enforcing these directives ensures that all aircraft operating in Australia meet the stringent safety standards set forth by international and national regulations.