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-32/20 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 was enacted to ensure the safety of air navigation, and one of its key components is the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Such directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role includes ensuring that aircraft remain airworthy, with the State of Registry also playing a pivotal role in this ongoing responsibility. In a recent development, CASA has cancelled AD/PA-32/20 for Piper PA-32 aircraft, effective from 25 September 2008, without the need for public consultation due to Australia’s international obligations, and no replacement directive is necessary. This action was taken by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, under the authority conferred by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This regulatory mechanism ensures the safety of air navigation by mandating actions necessary to maintain the airworthiness of aircraft and aeronautical products. These directives apply to all aircraft registered in Australia and are designed to address safety issues identified by the State of Registry or the State of Design in accordance with the Convention on International Civil Aviation. The ADs serve as legislative instruments under the Acts Interpretation Act 1901, and they are subject to disallowance by Parliament. The geographic and jurisdictional reach of these regulations is national, with CASA acting as the regulatory body responsible for the safety oversight of aircraft registered in Australia. No specific exclusions or thresholds are detailed in the explanatory statement, though the application of ADs may vary based on the nature and severity of the safety concerns identified. The authority to issue and amend ADs can also be extended or restricted through subordinate instruments, reflecting the dynamic nature of aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework through which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument, meaning it can be annulled by a resolution of either House of Parliament, and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design and the State of Registry are central to the issuing and enforcement of ADs. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to maintain this airworthiness. These requirements are often communicated through ADs, which are used by most International Civil Aviation Organization (ICAO) Contracting States to maintain safety standards.
The Civil Aviation Safety Regulations 1998 also detail the process for issuing and cancelling ADs. CASA, or its predecessors, had previously issued AD/PA-32/20 affecting Piper PA-32 aircraft. After a review, CASA decided to cancel this AD, effective 25 September 2008, without the need for a replacement. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Breach of ADs can result in significant consequences. The AD is a regulatory instrument, and failure to comply with its requirements may lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but they can include fines and imprisonment. The AD was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that the directive adheres to legal standards and the overarching framework of aviation safety in Australia.