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-32/65 affecting Piper PA-32RT-300T 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 provide a comprehensive legal framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations that are integral to the safety of air navigation. One such regulation, specified under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and are made in accordance with international standards set by the Convention on International Civil Aviation, specifically Annex 8. The policy objective behind these regulations is to ensure that the safety of air navigation is upheld, aligning with both national and international safety standards.
The cancellation of an airworthiness directive, such as AD/PA-32/65 affecting Piper PA-32RT-300T aircraft, is a significant action taken by CASA in response to Australia's obligations under the Convention on International Civil Aviation. This cancellation reflects CASA's commitment to maintaining the highest standards of aviation safety and ensures compliance with international agreements. The process of issuing and cancelling such directives is managed by CASA, in accordance with the provisions of the Civil Aviation Act, ensuring that all actions taken are consistent with both domestic and international regulatory frameworks.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and mandates that States of Registry implement requirements to maintain airworthiness. The ADs ensure compliance with these international obligations and domestic safety standards. This specific AD/PA-32/65, affecting Piper PA-32RT-300T aircraft, was cancelled by CASA due to Australia's international commitments, rendering public consultation unnecessary, and has no replacement. The cancellation is effective from 25 September 2008, and the AD has been issued by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore subject to the provisions of the Legislative Instruments Act 2003.
The obligations under the Act and the Regulations primarily rest on CASA, as the entity responsible for issuing ADs. CASA must ensure that these directives align with Australia's obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its territory. CASA, acting on behalf of the State of Registry, has the duty to review and, if necessary, cancel ADs in compliance with international obligations.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for the issuance or cancellation of ADs. However, the non-compliance with ADs or failure to ensure the continuing airworthiness of an aircraft could potentially lead to civil or criminal liabilities under other provisions of the Civil Aviation Act 1988 or related regulations. These could include fines, imprisonment, or other sanctions as prescribed by relevant laws. The Act and Regulations focus more on the procedural aspects of issuing and cancelling ADs, ensuring that these actions are consistent with international standards and obligations.