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-31/53 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 was enacted to establish and regulate the civil aviation industry in Australia, with a strong emphasis on safety and efficiency. This legislation provides the framework under which the Civil Aviation Safety Regulations 1998 were made to further detail and enforce the provisions of the Act. Specifically, section 98 of the Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain aircraft and aeronautical products. These airworthiness directives are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of the Civil Aviation Act 1988 and its subsequent regulations is to ensure the safety and efficiency of civil aviation in Australia, aligning with international standards as outlined in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specified types of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation. These ADs, being legislative instruments, are made pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Geographically, the application of these directives is primarily within Australia, although they are also aligned with international standards as set out in Annex 8 to the Convention on International Civil Aviation, reflecting the State of Design's responsibility for the continuing airworthiness of an aircraft type and the State of Registry's duty to ensure the airworthiness of individual aircraft. The cancellation of a particular AD, such as AD/PA-31/53 affecting Piper PA-31P aircraft, occurs without public consultation, as determined by the Office of Best Practice Regulation, and is reflective of Australia's international obligations under the Convention. The AD cancellation is executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act’s provisions.
Key Provisions
Section 98 of the Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products (CASR 39.001). These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 (AIA) and governed by section 6 of the Legislative Instruments Act 2003 (LIA). The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for ensuring the ongoing airworthiness of aircraft types and must provide necessary information to the State of Registry to maintain this airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must establish or adopt relevant requirements to fulfil this obligation (CASR 39.001(5)).
The Civil Aviation Safety Authority has issued and subsequently cancelled AD/PA-31/53 concerning Piper PA-31P aircraft (CASR 39.001). This cancellation is due to Australia's commitments under the Convention on International Civil Aviation and will take effect on 31 July 2008. No replacement AD is necessary as a result of this cancellation. It is important to note that no public consultation has occurred regarding this AD cancellation, as determined by the Office of Best Practice Regulation, which has also concluded that ADs do not require a Regulatory Impact Statement. The cancellation of the AD was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988 (Act).
Failure to comply with ADs could result in civil and criminal consequences. Under section 10 of the Civil Aviation Act 1988 (Act), any person who contravenes an AD may be liable to a civil penalty. The maximum penalty for such a contravention is 500 penalty units, or in the case of a corporation, 2,500 penalty units (section 10(1) of the Act). Additionally, under section 28 of the Act, any person who operates an aircraft in a manner that is inconsistent with an AD may be guilty of an offence. The maximum penalty for this offence is 2,500 penalty units, or in the case of a corporation, 12,500 penalty units (section 28(1) of the Act). Furthermore, under section 46 of the Acts Interpretation Act 1901, any person who contravenes a disallowable instrument, such as an AD, may be subject to criminal penalties, including fines and imprisonment.