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-32/44 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 Parliament of Australia, establishes the legal framework for ensuring the safety and efficiency of civil aviation within Australia. One significant aspect of this legislation is the issuance of airworthiness directives, which are regulations designed to maintain the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the processes by which the Civil Aviation Safety Authority (CASA) can issue these directives under regulation 39.001. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The purpose of these regulations is to align with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry share responsibilities for the continuing airworthiness of aircraft. Recently, CASA reviewed and subsequently cancelled AD/PA-32/44 concerning Piper PA-32 aircraft, effective from 25 September 2008, without the need for public consultation due to the international regulatory context. This cancellation reflects CASA's commitment to adhering to international standards while ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These directives are legislative instruments under Australian law, subject to disallowance as per section 46A of the Acts Interpretation Act 1901. An example of this regulatory framework in action is the cancellation of AD/PA-32/44 concerning Piper PA-32 aircraft, which CASA reviewed and decided to cancel, effective 25 September 2008, without the need for public consultation or a Regulatory Impact Statement due to its alignment with Australia's obligations under the Convention on International Civil Aviation. This action was taken 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, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, 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 the airworthiness of aircraft and related products is maintained in accordance with safety standards.
Under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901. Consequently, they are also considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The obligations of the State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, are significant. The State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to ensure the safety of the aircraft type to the States of Registry. These States of Registry, in turn, are mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdictions.
CASA, as a regulatory authority, has previously issued AD/PA-32/44 concerning Piper PA-32 aircraft. Following a review, CASA has decided to cancel this directive. The cancellation of AD/PA-32/44 is effective as of 25 September 2008, and no replacement directive is deemed necessary. This decision aligns with Australia's obligations under the Convention on International Civil Aviation, and thus, no public consultation was conducted on the cancellation of this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, made the decision to cancel AD/PA-32/44 in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process underscores the commitment to safety and adherence to international aviation standards, ensuring that the operations and maintenance of aircraft are conducted within a regulated framework that prioritises the safety of air navigation.