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-31/39 affecting Piper PA-31P 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, 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 Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, as seen in the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. In line with the Convention on International Civil Aviation, the State of Design and the State of Registry play critical roles in maintaining the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 recognise airworthiness directives as legislative instruments, which CASA has the authority to issue and subsequently cancel, such as the recent cancellation of AD/PA-31/39 for Piper PA-31P aircraft, effective from 31 July 2008, without the need for a replacement directive. This action was taken in accordance with Australia's international obligations, thereby obviating the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft types and aeronautical products. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs, which serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. These directives are integral to the global framework for airworthiness as established by Annex 8 to the Convention on International Civil Aviation, with the State of Design and the State of Registry bearing primary responsibilities for ensuring that aircraft remain airworthy. In the specific case of the AD/PA-31/39 affecting Piper PA-31P aircraft, CASA has reviewed and subsequently cancelled the directive, effective from 31 July 2008, without the need for a replacement AD due to Australia’s obligations under the Convention. Given that the cancellation aligns with international obligations and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, there has been no public consultation on this matter. The cancellation of the AD was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to create regulations that ensure the safety of air navigation. This framework is crucial for maintaining the safety standards within the aviation sector. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, meaning it can be annulled by Parliament, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. According to Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type. This includes providing all necessary information to ensure the type's continued airworthiness to the relevant States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, acting under these provisions, has the authority to issue and manage ADs, ensuring that all relevant stakeholders are informed and compliant with the required safety standards.
In the specific case of the AD/PA-31/39 affecting Piper PA-31P aircraft, CASA has reviewed the directive and decided to cancel it. This decision aligns with Australia's obligations under the Convention on International Civil Aviation and will take effect on 31 July 2008. Given that the cancellation is based on international obligations, there was no requirement for public consultation on this matter. The Office of Best Practice Regulation has also determined that ADs, in general, do not necessitate a Regulatory Impact Statement. The cancellation of this specific AD was 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.
For breaches of these regulations or non-compliance with issued ADs, there can be serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences, penalties, and legal repercussions. While the specific penalties are not detailed in the provided text, they typically include fines and potential imprisonment for more severe violations. The exact penalties can vary depending on the nature and severity of the breach, but they are intended to enforce compliance and uphold the high safety standards within the aviation industry.