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-32/11 affecting Piper PA-32 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. To further implement these safety measures, the Civil Aviation Safety Regulations 1998 were introduced, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are essential for ensuring the ongoing airworthiness of aircraft in alignment with international standards, particularly under the Convention on International Civil Aviation. In accordance with the legislative instruments outlined in the Act and Regulations, CASA has the authority to issue and subsequently cancel airworthiness directives, reflecting Australia's commitment to international safety standards and obligations.
The cancellation of a specific airworthiness directive, such as AD/PA-32/11 affecting Piper PA-32 aircraft, underscores CASA's adherence to global aviation safety protocols, and the process is conducted without the need for public consultation or a Regulatory Impact Statement as per the requirements of the Legislative Instruments Act 2003. This measure highlights CASA's role in maintaining the highest safety standards within the Australian aviation sector, in accordance with international obligations and domestic legislative mandates.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, empowering the Governor-General to make regulations that ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, which serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. These ADs are integral to the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry, in line with Annex 8 of the Convention on International Civil Aviation. CASA's role includes ensuring that ADs meet international standards and obligations, as evidenced by the cancellation of AD/PA-32/11 for Piper PA-32 aircraft, reflecting Australia’s commitment to global aviation safety protocols. This process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Airframes within CASA's Airworthiness Engineering Group, pursuant to the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, allows the Governor-General to enact regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined in 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, and must provide necessary information to the State of Registry to ensure the continued airworthiness of the aircraft. The State of Registry, in turn, is responsible for the continuing airworthiness of the individual aircraft and must develop or adopt requirements to ensure the same. These airworthiness directives, or their equivalents, are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
CASA or its predecessors issued AD/PA-32/11 affecting Piper PA-32 aircraft. However, CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008, and no replacement AD is required. Given that this AD has been cancelled due to Australia’s obligations under the Convention on International Civil Aviation, there has been no consultation with the Australian public on this AD cancellation. Furthermore, 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 Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. It is crucial for the entities governed by these regulations to adhere to the obligations and requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 to ensure the safety of air navigation and the continuing airworthiness of aircraft. Failure to comply with these regulations may result in civil or criminal consequences, including penalties as specified in the relevant legislation.