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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/PA-30/16 affecting Piper PA-30 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 18 December 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of civil aviation. This legislation empowers the Governor-General to create regulations for the safety of air navigation, delegating specific regulatory functions to the Civil Aviation Safety Authority (CASA). Under the Act, CASA is authorised to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, addresses the need for a comprehensive regulatory system that aligns with international standards and ensures the safety of air navigation within Australia.
In line with international obligations under the Convention on International Civil Aviation, particularly Annex 8, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. The Civil Aviation Safety Authority, acting on behalf of Australia, has the authority to issue and, when necessary, cancel airworthiness directives to meet these international obligations. In this instance, CASA issued and subsequently cancelled AD/PA-30/16 concerning Piper PA-30 aircraft, effective from 18 December 2008, without the need for public consultation or a Regulatory Impact Statement due to its alignment with international commitments.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 providing detailed provisions under the Act. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products, ensuring compliance with safety standards. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to scrutiny under the Legislative Instruments Act 2003. The Act and its regulations extend to the entire Commonwealth of Australia, impacting all aviation entities operating within its jurisdiction. However, they do not apply to military aircraft or operations governed by separate defence regulations. Furthermore, any exclusions or exemptions from these regulations are specified within the detailed provisions of the Civil Aviation Safety Regulations 1998, which may also be supplemented by subordinate instruments issued by CASA. The issuance and cancellation of airworthiness directives, such as AD/PA-30/16 affecting Piper PA-30 aircraft, reflect Australia's commitment to international standards under the Convention on International Civil Aviation and its obligations to the State of Design and States of Registry.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 (paragraph 1). Section 98 of the Civil Aviation Act 1988 further empowers the Governor-General to enact regulations that ensure the safety of air navigation. An AD is considered a legislative instrument due to its status as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (paragraphs 2-4). These directives are integral to maintaining the continuing airworthiness of aircraft types, a responsibility primarily assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is obligated to ensure the continuing airworthiness of individual aircraft (paragraphs 5-6).
Under the Civil Aviation Safety Regulations 1998, CASA has the capacity to issue airworthiness directives for particular types of aircraft or aeronautical products (regulation 39.001). This power is exercised to maintain the safety and airworthiness of aircraft within Australia. The cancellation of AD/PA-30/16 for Piper PA-30 aircraft, as executed by CASA, is an example of how this regulatory tool is applied. The cancellation of this directive, effective from 18 December 2008, was necessitated by Australia’s commitments under the Convention on International Civil Aviation, and no public consultation was required (paragraphs 7-8). Moreover, the Office of Best Practice Regulation has concluded that such ADs do not necessitate a Regulatory Impact Statement, streamlining the regulatory process for these safety directives (paragraph 9).
The issuance and subsequent cancellation of airworthiness directives by CASA, as per the Civil Aviation Safety Regulations 1998, impose several obligations on the entities governed by these regulations. CASA, as the regulatory authority, must ensure that any issued directives comply with international standards and are in the interest of aviation safety. The State of Registry is mandated to implement and enforce the requirements set out in these directives to maintain the airworthiness of individual aircraft. This includes conducting inspections, repairs, or modifications as specified in the ADs. Furthermore, aircraft operators and owners must comply with these directives by adhering to the specified timelines and procedures for compliance (paragraphs 10-11).
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 stipulate consequences for non-compliance with airworthiness directives. Failure to adhere to these directives can lead to severe penalties, both civil and criminal. Civil penalties may include fines and the possibility of aircraft being grounded until compliance is achieved. Criminal penalties can apply in cases of gross negligence or willful disregard of the safety regulations, potentially resulting in imprisonment or substantial fines. The specific penalties are determined based on the severity of the breach and are designed to enforce stringent safety standards within the aviation industry (paragraphs 12-13).