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-31/83 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 Parliament of Australia, provides the legislative framework for civil aviation in the country, addressing various issues to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in the Civil Aviation Safety Regulations 1998. This regulatory mechanism is crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The ADs serve as a common form of continuing airworthiness information, ensuring that aircraft meet safety standards internationally. CASA, acting on behalf of the Minister for Infrastructure and Transport, has the authority to issue, modify, or cancel these directives as necessary. In line with the Act, CASA has cancelled AD/PA-31/83 Amdt 1 for Piper PA-31 aircraft, effective 31 July 2008, without the need for public consultation, due to its alignment with international obligations and the determination by the Office of Best Practice Regulation that no Regulatory Impact Statement is required.
Scope and Application
The Civil Aviation Act 1988 applies to various entities and individuals within the aviation industry, with a particular focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that are necessary for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, being legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. The State of Design is primarily responsible for ensuring the airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in turn must implement requirements to maintain the airworthiness of aircraft within its jurisdiction. In line with international obligations under the Convention on International Civil Aviation, the ADs issued by CASA are subject to cancellation or amendment, as demonstrated by the recent cancellation of AD/PA-31/83 Amdt 1 affecting Piper PA-31 aircraft, which took effect on 31 July 2008 without the need for public consultation or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as interpreted through the Civil Aviation Safety Regulations 1998, provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the 1998 Regulations grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations require the State of Design, which is the State where the aircraft type is designed, to bear the overall responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing all necessary information to ensure the aircraft's airworthiness to the State of Registry. The State of Registry, on the other hand, is obligated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft under its jurisdiction. These requirements are essential to maintain the safety and airworthiness standards as per the Convention on International Civil Aviation.
There are no specific obligations for the Australian public to consult on the issuance or cancellation of ADs, as determined by the Office of Best Practice Regulation. The cancellation of AD/PA-31/83 Amdt 1, affecting Piper PA-31 aircraft, is a result of Australia's obligations under the Convention on International Civil Aviation and does not require a Regulatory Impact Statement. The AD was issued by CASA in accordance with subsection 84A(2) of the Act, and its cancellation became effective on 31 July 2008, without the need for a replacement AD.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the provided text. It is important to note that the Act and Regulations encompass a broad scope of safety measures, and non-compliance could lead to significant penalties as determined by the relevant authorities. The specifics of these penalties, if any, would need to be referred to in the full text of the legislation.