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-31/25 Amdt 1 affecting Piper PA-31 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 Commonwealth Parliament, serves to regulate the safety and efficiency of civil aviation in Australia, aiming to protect the public from the risks associated with aviation activities. The Act empowers the Governor-General to establish regulations that align with the Act's objectives, primarily ensuring the safety of air navigation. In line with this mandate, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to ensure the continuing airworthiness of aircraft. These directives are crucial for maintaining safety standards as they provide necessary information to the States of Registry, who are responsible for the ongoing airworthiness of individual aircraft. The cancellation of AD/PA-31/25 Amdt 1 affecting Piper PA-31 aircraft by CASA, effective from 31 July 2008, reflects the regulatory body's adherence to international obligations under the Convention on International Civil Aviation, thereby eliminating the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively govern the safety and airworthiness of aircraft in Australia. The Act empowers the Governor-General to enact regulations that ensure the safety of air navigation, while the Regulations provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft types and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which then ensures the ongoing airworthiness of individual aircraft. CASA, acting on behalf of the Commonwealth, has the responsibility of issuing and managing ADs, as demonstrated in the case of the cancelled AD/PA-31/25 Amdt 1 affecting Piper PA-31 aircraft, which was cancelled due to Australia's obligations under the Convention on International Civil Aviation. This cancellation was implemented without public consultation, as determined by the Office of Best Practice Regulation, which also found that a Regulatory Impact Statement was not required for such ADs.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is a disallowable instrument, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation require CASA to issue ADs to ensure the continuing airworthiness of aircraft types within Australia. The State of Design has the overarching responsibility to provide necessary information to ensure the airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. In turn, the State of Registry of an individual aircraft is tasked with ensuring the ongoing airworthiness of that aircraft. CASA, as the State of Registry for Australian-registered aircraft, must develop or adopt appropriate requirements to meet these obligations.
There are no specific offences or penalties outlined in the provisions regarding the issuance of ADs. However, non-compliance with ADs can lead to serious safety consequences, including the potential grounding of aircraft and civil or criminal liabilities for the operators. The cancellation of an AD, such as AD/PA-31/25 Amdt 1 for Piper PA-31 aircraft, is a procedural action taken in line with Australia’s obligations under international conventions, and it does not require public consultation or a Regulatory Impact Statement. The AD cancellation is issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.