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-32/33 affecting Piper PA-32-300 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 was enacted to address the need for a comprehensive regulatory framework to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. This Act empowers the Governor-General to make regulations aimed at enhancing aviation safety, delegating the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as crucial instruments for maintaining the airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The Civil Aviation Act 1988 thus provides a legislative backbone to facilitate compliance with these international obligations, ensuring that Australia's regulatory measures are consistent with global safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The scope of this legislation encompasses all entities involved in the civil aviation sector, including aircraft manufacturers, operators, and relevant regulatory bodies, ensuring that all conduct and transactions pertaining to aircraft safety are governed by these regulations. Geographically, this legislation applies across Australia, in line with the responsibilities of the State of Registry under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry must work collaboratively to maintain the continuing airworthiness of aircraft. In this instance, CASA issued and subsequently cancelled AD/PA-32/33 affecting Piper PA-32-300 aircraft due to Australia's obligations under the Convention, making no replacement AD necessary.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation within Australia. Specifically, section 98 of the Act allows the Governor-General to create regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, an AD is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to issue ADs as necessary to maintain the airworthiness of aircraft within Australia. This is in line with the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide the necessary information to ensure the continuing airworthiness of an aircraft type. Additionally, the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft, as outlined in Annex 8. CASA's issuance of AD/PA-32/33 affecting Piper PA-32-300 aircraft and its subsequent review and cancellation of this directive on 25 September 2008, without the need for a replacement AD, is a demonstration of these obligations in action.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. While the text does not specify the exact offences or penalties for non-compliance with ADs, it is known that breaches of civil aviation regulations can lead to enforcement actions, fines, and other legal consequences. Given the critical nature of airworthiness directives in maintaining the safety of air navigation, any non-compliance could potentially lead to severe penalties, including criminal charges, depending on the severity and impact of the breach.