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-31/77 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, 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 Australian Parliament, was introduced to ensure the safety and regulation of civil aviation in Australia. It empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation is the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, acting under section 98 of the Civil Aviation Act 1988, issued an airworthiness directive affecting Piper PA-31 aircraft, which has now been cancelled due to Australia’s international obligations. The cancellation, effective from 31 July 2008, does not require a replacement directive. This legislative action aligns with the policy objective of adhering to international civil aviation standards and ensuring the safety and compliance of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning certain types of aircraft and aeronautical products. These directives are intended to ensure the ongoing safety of air navigation in Australia, aligning with international standards such as those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and review processes, and are designed to address the continuing airworthiness of aircraft. The Act and its regulations apply to all aircraft registered within Australia, as well as to entities and individuals responsible for the maintenance and operation of these aircraft. The scope of the ADs extends nationally, ensuring that safety standards are uniformly applied across the Commonwealth. Notably, while the Act broadly governs the issuance of ADs, specific exclusions or thresholds for their application are not detailed within the text provided. However, the issuance and enforcement of these directives are overseen by CASA, which acts in accordance with the provisions set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to issue regulations for the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as a mechanism to ensure the ongoing airworthiness of aircraft types, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation.
The obligations under these regulations place significant responsibility on CASA and the State of Registry. CASA, as the regulatory body, must issue ADs as necessary to maintain airworthiness standards. The State of Registry, which is responsible for the individual aircraft, must implement the requirements set out in these ADs to ensure that the aircraft remain airworthy. This includes compliance with international obligations under the Convention on International Civil Aviation, where the State of Design provides necessary information to support the airworthiness of aircraft types.
The Civil Aviation Safety Regulations 1998 further detail the procedural aspects of issuing and managing ADs. Subregulation 39.001(5) classifies ADs as disallowable instruments, which means they can be annulled by Parliament. As such, they are also considered legislative instruments under the Legislative Instruments Act 2003. This classification highlights the importance of ADs in maintaining air safety and underscores the need for careful consideration and oversight in their issuance.
In the context of the AD/PA-31/77 Amdt 1 affecting Piper PA-31 aircraft, CASA has reviewed and subsequently cancelled this directive. The cancellation reflects Australia's commitment to international airworthiness standards and takes effect on 31 July 2008. This action was taken without public consultation, as determined by the Office of Best Practice Regulation, which concluded that ADs do not require a Regulatory Impact Statement. The cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the authority granted under subsection 84A(2) of the Act. This process underscores the importance of international compliance and the meticulous nature of airworthiness regulation.