CIVIL AVIATION ACT 1988
CIVIL AVIATION 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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The FAA has issued AD 2004-14-12 affecting Piper PA-32 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-32/83, Amendment 1, which will become effective on 17 March 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for civil aviation in Australia, ensuring safety and efficiency in the national airspace. It empowers the Governor-General to make regulations that support the Act's objectives, particularly concerning the safety of air navigation. In line with these provisions, the Civil Aviation Safety Regulations 1998 were created to further detail the requirements for airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft as mandated by international conventions such as the Convention on International Civil Aviation. The Civil Aviation Act 1988, therefore, not only addresses domestic aviation needs but also aligns Australia with international safety standards, ensuring the safe and effective operation of aircraft in and out of Australian airspace.
Scope and Application
The Civil Aviation Regulations 1998, as amended, provide the framework for issuing airworthiness directives (ADs) under the Civil Aviation Act 1988, specifically through regulation 39.001. These directives apply to specific kinds of aircraft or aeronautical products and are issued to ensure the safety of air navigation in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, is responsible for assessing and issuing these directives when necessary, thereby fulfilling Australia's obligations under the Convention. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Each AD mandates compliance with the airworthiness requirements established by the State of Design or Registry, and they are tailored to individual aircraft types registered in Australia. As these directives are issued in response to international obligations and specific safety concerns identified by the relevant State of Design, they do not typically require public consultation or a Regulatory Impact Statement, and are instead made by authorised CASA officials in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. ADs are regulatory instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type, and on the State of Registry for the individual aircraft.
The obligations under the Civil Aviation Regulations 1998 include that CASA must assess any AD issued by a State of Design and, if appropriate, issue an Australian AD to mandate the requirements. In this case, CASA has issued Australian AD/PA-32/83, Amendment 1, in response to FAA AD 2004-14-12, which affects Piper PA-32 model aircraft, with the USA being the State of Design. The Australian AD will become effective on 17 March 2005 and cancels the previous issue. The issuance of ADs under these regulations is governed by Australia’s international obligations, and therefore, no public consultation or Regulatory Impact Statement is required.
The Civil Aviation Act 1988 and associated regulations impose specific obligations on the parties governed by them. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by States of Design and issuing Australian ADs when necessary. The State of Registry must ensure the continuing airworthiness of individual aircraft, while the State of Design is responsible for the type of aircraft. The issuance of ADs by CASA is a critical mechanism to ensure compliance with these obligations and maintain the safety of air navigation.
Breach of the provisions in the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 can lead to various offences and penalties. While the specific offences and penalties are not detailed in the provided text, breaches of aviation safety regulations can generally result in significant civil or criminal consequences. For example, failure to comply with an AD can lead to enforcement actions, fines, or other penalties as determined by the relevant authorities. The severity of the penalties will depend on the nature and extent of the breach, and the specific provisions of the Civil Aviation Act 1988 and associated regulations.