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-31/6 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. This legislation empowers the Governor-General to create regulations that safeguard the interests of air navigation safety. The Act is administered by the Civil Aviation Safety Authority (CASA), which issues airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, as a legislative instrument in accordance with the Legislative Instruments Act 2003. The ADs serve as a means of ensuring the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, aims to uphold the safety and efficiency of civil aviation within Australia, in line with the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia. Under the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that ensure the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, which are disallowable under the Acts Interpretation Act 1901 and must be reviewed under the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, ensuring adherence to international standards set forth by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry for continuing airworthiness. Notably, the ADs are issued to maintain safety standards and comply with Australia's obligations under international conventions, without necessitating public consultation or a Regulatory Impact Statement. This legislative framework underscores the critical role of CASA in overseeing the airworthiness of aircraft, as exemplified by the recent cancellation of AD/PA-31/6 for Piper PA-31 aircraft, which will take effect on 31 July 2008, and the decision not to replace it.
Key Provisions
The Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (the Regulations) provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the airworthiness of individual aircraft. The ADs issued by CASA are a key mechanism for disseminating continuing airworthiness information, which aligns with the requirements of Annex 8 to the Convention. This ensures that the necessary safety information is effectively communicated to the relevant parties.
The obligations imposed by the Act and Regulations require CASA to issue ADs to maintain the safety and airworthiness of aircraft. These directives must be based on the continuing airworthiness information provided by the State of Design and must comply with international standards. CASA’s role in reviewing and potentially cancelling an AD, as seen in the case of AD/PA-31/6 affecting Piper PA-31 aircraft, demonstrates the importance of ongoing assessment and adherence to international obligations.
In the case of AD/PA-31/6, CASA has cancelled this directive effective 31 July 2008, without the need for a replacement. This decision aligns with Australia's commitments under the Convention on International Civil Aviation and has been made without public consultation or a Regulatory Impact Statement. The cancellation was executed by the Manager, Airframes, in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act. The absence of public consultation and the lack of a Regulatory Impact Statement indicate that this was an internal regulatory action consistent with international obligations.