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-28/81 affecting Piper PA-28 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 3 July 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, 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 comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and aircraft operations. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). In accordance with the Civil Aviation Safety Regulations 1998, CASA can issue ADs for specific kinds of aircraft or aeronautical products, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus addresses the need for a robust regulatory structure to maintain high safety standards in Australia's aviation sector, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations is extensive, encompassing all aircraft and aeronautical products within Australia, thereby affecting a broad range of entities including aircraft manufacturers, operators, and maintenance providers. The geographic reach of these regulations is nationwide, ensuring uniform application across all states and territories. While the primary focus is on safety, certain exclusions or exemptions may apply based on specific conditions or classifications of aircraft. The application of these regulations can be extended or refined through subordinate instruments issued by CASA, ensuring that the directives remain relevant and effective in addressing emerging safety issues.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations require CASA to assess any ADs issued by the State of Design and to issue corresponding Australian ADs if appropriate. This ensures that all aircraft registered in Australia comply with continuing airworthiness standards as mandated by international conventions, particularly Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the ongoing airworthiness of each aircraft, following the guidance provided by the State of Design.
In the case of the AD/PA-28/81 concerning Piper PA-28 aircraft, CASA has reviewed and subsequently cancelled this directive, effective from 3 July 2008, due to Australia's obligations under the Convention on International Civil Aviation. Given the nature of this cancellation, no public consultation was required, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was unnecessary. The cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act.
Breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, can result in both civil and criminal penalties. Civil penalties can include fines of up to $330,000 for individuals and $1.65 million for corporations. Criminal penalties can include fines of up to $165,000 for individuals and $825,000 for corporations, and imprisonment for up to two years. These penalties reflect the serious nature of non-compliance with safety regulations in the aviation sector.