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-31/60 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 Parliament of Australia, addresses the regulation of civil aviation in the country with a focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to establish regulations under section 98, aimed at maintaining the safety of air navigation, and includes provisions that enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments, play a crucial role in ensuring the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The Act and its associated regulations work together to uphold the safety and airworthiness standards necessary for civil aviation within Australia, reflecting the country's commitment to international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are intended to maintain the continuing airworthiness of aircraft, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The State of Design bears primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is tasked with implementing the necessary requirements to uphold these standards. In the context of the cancellation of AD/PA-31/60 Amdt 1 for Piper PA-31 aircraft, CASA has acted in accordance with Australia's obligations under the Convention on International Civil Aviation, resulting in the AD's cancellation effective from 31 July 2008, without the need for public consultation or a Regulatory Impact Statement. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with the legislative provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for ensuring the safety of air navigation in Australia, with a particular emphasis on airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003.
Under these regulations, the State of Design (the country where the aircraft is designed) is responsible for ensuring the continuing airworthiness of the aircraft type, providing necessary information to the State of Registry (the country where the aircraft is registered). The State of Registry, in this case, CASA, must develop or adopt requirements to ensure the airworthiness of individual aircraft. This framework is aligned with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States regarding airworthiness.
CASA issued AD/PA-31/60 Amdt 1 for Piper PA-31 aircraft, but has since reviewed and cancelled this directive. The cancellation, effective from 31 July 2008, is a result of Australia’s obligations under the Convention on International Civil Aviation, and no consultation with the public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The cancellation of the AD was executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs or other regulatory requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. The Act provides for civil and criminal penalties for non-compliance, including fines and imprisonment. Specifically, section 93 of the Act allows for fines up to $105,000 for individuals and $525,000 for corporations for offences related to airworthiness and safety regulations. More severe breaches may lead to imprisonment for up to five years for individuals and up to ten years for corporations. Additionally, CASA has the authority to impose administrative penalties, such as licence suspension or revocation, against individuals or entities that fail to comply with ADs. These measures ensure that all parties maintain the highest standards of airworthiness and safety.