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-32/22 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, Systems and New Technologies 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 regulate civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act provides the framework for the Civil Aviation Safety Authority (CASA) to issue regulations that safeguard the continuing airworthiness of aircraft and aeronautical products. One such regulation is found in the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers CASA to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. The cancellation of AD/PA-32/22 affecting Piper PA-32 aircraft exemplifies CASA's role in enforcing these regulations to meet international obligations under the Convention on International Civil Aviation. The AD cancellation, effective from 25 September 2008, was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act. This legislative action underscores CASA's commitment to ensuring that aircraft meet the required safety standards while aligning with international protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) in Australia, with the overarching goal of ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act's purposes, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments and are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, in line with international standards set by the Convention on International Civil Aviation. The State of Design and the State of Registry are both responsible for ensuring the airworthiness of aircraft, with ADs acting as a primary means of communication for necessary safety information. The cancellation of AD/PA-32/22, affecting Piper PA-32 aircraft, exemplifies how CASA manages these directives, reflecting Australia's commitment to international obligations and domestic safety standards.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to enhance air navigation safety. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, serve as crucial tools for maintaining the continuing airworthiness of aircraft types and aeronautical products. Subregulation 39.001(5) further clarifies that ADs fall under the category of disallowable instruments as defined in the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA must ensure the continuing airworthiness of aircraft by issuing and managing ADs. The State of Design, responsible for an aircraft type, must provide necessary information to maintain airworthiness, while the State of Registry, in this case CASA, must develop or adopt requirements to ensure that each individual aircraft remains airworthy. These requirements are integral to adhering to Australia’s obligations under the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and associated regulations also outline the process for the issuance, review, and cancellation of ADs. For instance, CASA issued AD/PA-32/22 concerning Piper PA-32 aircraft, which has since been reviewed and subsequently cancelled effective 25 September 2008. This cancellation aligns with Australia’s commitments under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required. The cancellation decision was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of penalties and consequences, any failure to comply with ADs or the obligations set forth in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to severe consequences. This includes potential enforcement actions by CASA, civil penalties, or criminal charges. The specific penalties vary depending on the nature and severity of the breach but can include fines and imprisonment, as outlined in the relevant sections of the Civil Aviation Act 1988 and other applicable legislation.