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-32/26 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, addresses the need for comprehensive regulation of civil aviation safety in Australia. Under this Act, the Governor-General has the authority to make regulations in the interests of ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs serve as a mechanism to maintain the continuing airworthiness of aircraft types, in line with international standards set forth by the International Civil Aviation Organization (ICAO). The legislative framework thus ensures that CASA, acting on behalf of the Australian Government, can effectively manage and enforce compliance with safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to entities involved in the design, manufacture, and operation of aircraft, as well as to individuals who hold a licence or certificate under the Act. The ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The geographic and jurisdictional reach of these regulations is national, covering all aircraft registered in Australia and operated within Australian airspace. The ADs are issued by the State of Registry, which is responsible for ensuring the airworthiness of individual aircraft. CASA has the authority to issue, review, and cancel these directives, as demonstrated by the cancellation of AD/PA-32/26 affecting Piper PA-32 aircraft, which will become effective on 25 September 2008. The AD cancellation was made in accordance with Australia's obligations under international civil aviation conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations intended to safeguard air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. As a result, ADs are classified as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design holds primary responsibility for maintaining the continuing airworthiness of an aircraft type, and must furnish any necessary information to the appropriate States of Registry to ensure this airworthiness. Annex 8 to the Convention on International Civil Aviation further reinforces this responsibility by stipulating that the State of Registry must establish or adopt requirements to ensure the ongoing airworthiness of aircraft. In Australia, CASA has historically issued ADs, such as AD/PA-32/26 concerning Piper PA-32 aircraft. However, following a review, CASA has decided to cancel AD/PA-32/26, effective from 25 September 2008, without the need for a replacement AD.
The cancellation of this AD is due to Australia's commitments under the Convention on International Civil Aviation. Consequently, no public consultation has been undertaken regarding this cancellation, and the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Violations of the ADs could potentially lead to civil penalties, including fines, or criminal charges, particularly if such breaches endanger the safety of air navigation. The maximum penalties for breaches can vary, but they may include substantial fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. Therefore, adherence to ADs is critical for maintaining the safety and compliance of air operations in Australia.