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-32/36 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, 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, enacted by the Australian Parliament, serves as a foundational piece of legislation aimed at ensuring the safety and regulation of civil aviation within Australia. The Act empowers the Governor-General to create regulations for the purposes of the Act, with a primary focus on enhancing the safety of air navigation. One of the key regulatory instruments under this Act is the Civil Aviation Safety Regulations 1998, which provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve as essential tools for maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. The recent cancellation of an AD affecting Piper PA-32 aircraft by CASA demonstrates the dynamic nature of aviation regulation, ensuring compliance with international standards and obligations, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which is responsible for the individual aircraft's continuing airworthiness. CASA, or its predecessors, issued AD/PA-32/36 concerning Piper PA-32 aircraft, which has since been cancelled as a result of Australia's obligations under the Convention on International Civil Aviation. This cancellation will take effect on 25 September 2008, with no replacement AD required. Due to the nature of ADs and their cancellation, no consultation with the Australian public or a Regulatory Impact Statement has been deemed necessary. The AD cancellation was 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.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, play a critical role in maintaining the airworthiness of aircraft in Australia.
The obligations under these regulations are multifaceted. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety and compliance of aircraft types to the States of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. Similarly, the State of Registry, in this case, CASA, must ensure that all aircraft under its purview meet the required airworthiness standards. This includes the issuance of ADs to address any safety concerns and ensure compliance with safety regulations.
Failure to comply with the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text, it is known that regulatory non-compliance can lead to enforcement actions, which may include fines or other penalties. The exact penalties would be determined by the relevant provisions of the Civil Aviation Act 1988 or other applicable legislation.
In the specific case of AD/PA-32/36 affecting Piper PA-32 aircraft, CASA reviewed the AD and decided to cancel it, effective from 25 September 2008. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required. The Office of Best Practice Regulation determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in line with subsection 84A(2) of the Act.