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-31/117 affecting Piper PA-31P and PA-31T aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 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, 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, provides the legal framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation, as well as to protect the public from undue risk. One of the key mechanisms through which the Act achieves its objectives is through the issuance of airworthiness directives (ADs), which are regulations made under section 98 of the Act. These directives are intended to ensure the continuing airworthiness of aircraft and aeronautical products, thereby contributing to the overall safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the process by which ADs can be issued by the Civil Aviation Safety Authority (CASA). In line with international standards, these ADs are considered legislative instruments under the Legislative Instruments Act 2003. The cancellation of a specific AD, as referenced in this explanatory statement, reflects Australia’s adherence to its obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation is authorised under section 84A(2) of the Civil Aviation Act 1988. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry under Annex 8 of the Convention on International Civil Aviation. While CASA has the authority to issue these directives, it must also adhere to the international obligations of Australia as a signatory to the Convention, which may lead to the cancellation of certain ADs without public consultation. In the case of AD/PA-31/117 affecting Piper PA-31P and PA-31T aircraft, CASA has exercised this authority by cancelling the directive, effective as of 31 July 2008, without the need for a replacement, due to Australia’s international commitments.
Key Provisions
Under the Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are intended to ensure the safety of air navigation, as stated in section 46A of the Acts Interpretation Act 1901. According to subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply all necessary information to the States of Registry to ensure this airworthiness. The State of Registry, on the other hand, is responsible for the ongoing airworthiness of individual aircraft, and must develop or adopt requirements to maintain this airworthiness under the same Annex 8.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring that CASA issues ADs to maintain airworthiness standards and that the State of Registry enforces these standards on individual aircraft. Furthermore, the State of Design must provide all necessary information to the States of Registry to ensure the continuing airworthiness of aircraft types. These obligations are part of Australia's commitment under the Convention on International Civil Aviation, which underscores the importance of international cooperation in maintaining aviation safety.
There are no specific offences, penalties, or consequences mentioned for the breach of ADs in the text provided. However, as ADs are legislative instruments, non-compliance with them could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for such breaches would depend on the specific regulations or laws that are contravened.
The AD/PA-31/117, which affected Piper PA-31P and PA-31T aircraft, has been issued by CASA or its predecessors. CASA has reviewed this AD and decided to cancel it, effective from 31 July 2008. The cancellation of this AD is due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. As stated, no consultation with the Australian public has taken place on this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.