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-32/51 affecting Piper PA-32-260 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 Commonwealth Parliament, governs the regulation of civil aviation in Australia, with a particular focus on safety. This legislation empowers the Governor-General to make regulations under section 98, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms for maintaining airworthiness, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. The objective of this regulation aligns with international standards under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. CASA, as the State of Registry for Australian aircraft, issues ADs to comply with these international obligations. The cancellation of AD/PA-32/51, affecting Piper PA-32-260 aircraft, reflects Australia’s adherence to these international standards and has been executed without public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The cancellation of this AD, effective from 25 September 2008, signifies CASA's commitment to maintaining the safety and airworthiness of Australian aircraft in accordance with the Act and international conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued, amended, or cancelled in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance and cancellation of these ADs are governed by the requirements and obligations outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In this instance, CASA issued AD/PA-32/51 affecting Piper PA-32-260 aircraft, which has since been cancelled in accordance with Australia's international obligations, with the cancellation taking effect on 25 September 2008. No replacement AD is required, and no public consultation was conducted due to the international nature of the obligations involved. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and the cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the legislative provisions.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This power is exercised under the authority granted to the Governor-General by section 98 of the Civil Aviation Act 1988, which permits the making of regulations for the purposes of the Act and in the interests of the safety of air navigation. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument. This means that ADs are formal regulatory documents with the force of law, designed to maintain or restore airworthiness of aircraft.
The obligations and requirements imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the States of Registry to ensure airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, acting under its authority, issues ADs to enforce these standards, as seen in the case of AD/PA-32/51, which affected Piper PA-32-260 aircraft. The cancellation of this AD is a direct result of Australia's obligations under international conventions, illustrating the interconnected nature of national and international regulatory frameworks.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to cancel airworthiness directives, as demonstrated in the cancellation of AD/PA-32/51. This cancellation was executed because of Australia's obligations under international civil aviation conventions, and no public consultation was necessary as it was determined that such ADs do not require a Regulatory Impact Statement. The process of cancellation was carried out by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This highlights the formal and structured approach CASA takes in managing airworthiness directives to ensure compliance with both national and international safety standards.
In terms of breaches and consequences, the regulations do not specify particular offences, penalties, or consequences for non-compliance with airworthiness directives in the provided text. However, it is implicit that non-compliance with ADs could lead to serious safety issues and potential legal repercussions, given that these directives are legislative instruments with the force of law. The overarching intent is to ensure that aircraft remain airworthy, thereby protecting public safety and upholding international civil aviation standards.