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-32/31 affecting Piper PA-32 aircraft with autopilots installed. 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 establish a comprehensive legal framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. This legislation was introduced to address the need for stringent regulation and oversight of civil aviation activities, promoting national and international safety standards. Enacted by the Australian Parliament, the Act empowers the Governor-General to create regulations necessary for the safety of air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, pertains to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which serves as a legislative instrument under the Acts Interpretation Act 1901. This regulatory mechanism is integral to maintaining the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus forms the backbone of Australia's aviation safety regulatory framework, ensuring compliance with both domestic and international standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia. Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is considered a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The cancellation of AD/PA-32/31, affecting Piper PA-32 aircraft with installed autopilots, by CASA reflects adherence to these international standards, and no public consultation or Regulatory Impact Statement was required for this action. The AD cancellation is effective from 25 September 2008, with no replacement AD necessary.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations for the Act, ensuring air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments per the Legislative Instruments Act 2003. These directives align with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and must share necessary information with States of Registry to maintain airworthiness.
In accordance with these regulations, CASA or its predecessors issued AD/PA-32/31 concerning Piper PA-32 aircraft equipped with autopilots. After review, CASA has decided to cancel this directive, effective from 25 September 2008, without the need for a replacement AD. This cancellation stems from Australia's commitments under the Convention on International Civil Aviation. Given the nature of the AD cancellation, no public consultation was conducted, and the Office of Best Practice Regulation has deemed that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies in CASA’s Airworthiness Engineering Group issued this AD cancellation in line with subsection 84A(2) of the Civil Aviation Act 1988. The cancellation imposes a clear obligation on CASA to ensure compliance with international obligations, while the State of Registry must continue to develop or adopt requirements for the continuing airworthiness of aircraft as stipulated under Annex 8 of the Convention on International Civil Aviation. Failure to comply with ADs or ensure continuing airworthiness can result in civil or criminal penalties, including fines and imprisonment, depending on the severity and intent of the breach.