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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA issued AD/PA-32/23, affecting Piper PA-23 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety and efficiency of civil aviation in Australia, and it grants the Governor-General the authority to make regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, aim to maintain the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design and the State of Registry both have roles in ensuring the safety of aircraft, with CASA acting as Australia's national airworthiness authority to implement and enforce these regulations. The legislative process for ADs, as demonstrated in the cancellation of AD/PA-32/23 for Piper PA-23 model aircraft, is intended to reduce regulatory burden without necessitating public consultation or a Regulatory Impact Statement. This approach ensures that outdated or redundant safety directives are efficiently removed from the regulatory framework.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. These ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft, ensuring that they remain in a safe condition for operation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which in turn are responsible for implementing the ADs. The ADs issued by CASA are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. Notably, CASA has the discretion to cancel an existing AD if the conditions necessitating its issuance no longer apply, as evidenced by the cancellation of AD/PA-32/23 concerning Piper PA-23 model aircraft. Such cancellations are made without public consultation as they are deemed to reduce regulatory burden and do not require a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, in compliance with the Act's provisions.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Cth) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, specifically for kinds of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are rooted in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to ensure the airworthiness of aircraft to the States of Registry.
These ADs are the primary means through which continuing airworthiness information is disseminated, and they are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry of an individual aircraft, in line with Annex 8, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian registered aircraft comply with international standards of airworthiness.
For example, CASA issued AD/PA-32/23 in 1972, which affected Piper PA-23 model aircraft. After reviewing this directive, CASA decided to cancel it, with the cancellation set to become effective on 17 January 2008. The cancellation was made due to the original unsafe condition being addressed by AD/GENERAL/74 Amendment 1, hence no replacement AD was required. Importantly, this cancellation does not necessitate consultation with the Australian public as it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores CASA's role in ensuring that Australian registered aircraft meet stringent safety standards and comply with international regulations, thereby safeguarding the safety of air navigation as mandated by the Civil Aviation Act 1988.