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-32/32 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 Australian Parliament, addresses the regulation of civil aviation within Australia, aiming to ensure the safety of air navigation. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) pursuant to the Civil Aviation Safety Regulations 1998, thereby ensuring compliance with international standards for aircraft airworthiness. This legislative framework allows CASA to issue ADs in line with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. Consequently, CASA issued an AD/PA-32/32 for Piper PA-32 aircraft, which has since been cancelled due to Australia’s commitments under the Convention. The cancellation of this directive, effective from 25 September 2008, eliminates the need for any replacement AD and reflects CASA’s adherence to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments that fall within the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design and mandates it to provide necessary information to the State of Registry. In turn, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, either by developing or adopting relevant requirements. The issuance and subsequent cancellation of ADs, such as AD/PA-32/32 affecting Piper PA-32 aircraft, are actions taken by CASA or its predecessors and are grounded in Australia’s international obligations, as reflected in the Convention on International Civil Aviation. The cancellation of such an AD, effective from 25 September 2008, was executed without public consultation, and it has been determined that no Regulatory Impact Statement is required. The AD cancellation process follows the internal protocols of CASA, as authorised under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, specifically to promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as specified in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. Moreover, ADs are the primary means through which states communicate continuing airworthiness information, in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include a responsibility for the State of Design to provide necessary information for the continuing airworthiness of an aircraft type. Furthermore, the State of Registry is responsible for the ongoing airworthiness of individual aircraft, which entails developing or adopting requirements to ensure this airworthiness. CASA, as the regulatory body, has the duty to issue ADs to address safety concerns and to review and, if necessary, cancel ADs when the conditions for their issuance no longer exist. In this instance, CASA has reviewed and subsequently cancelled AD/PA-32/32, which affected Piper PA-32 aircraft, effective from 25 September 2008.
Under the Convention on International Civil Aviation, Australia has committed to ensuring the continuing airworthiness of aircraft. Consequently, CASA has cancelled the aforementioned AD without public consultation, as mandated by the Convention. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, further emphasising the regulatory framework's focus on safety. The Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, has made this AD in accordance with subsection 84A(2) of the Act, reflecting the statutory authority for issuing such directives.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil and criminal penalties. While the specific offences and penalties are not detailed in the text provided, it is known that non-compliance with ADs can result in serious consequences, including fines and imprisonment. The Civil Aviation Act 1988 includes provisions for enforcement actions against individuals or entities that fail to comply with safety regulations, underscoring the importance of adhering to ADs. The maximum penalties for such breaches may vary depending on the severity of the non-compliance and the specific regulatory provisions involved.