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-34/12 affecting Piper PA-34-200 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 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 is a foundational piece of legislation in Australia, established to ensure the safety and efficiency of civil aviation within the country. Enacted by the Australian Parliament, the Act provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. One such regulation, the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which serve as legislative instruments to ensure the continuing airworthiness of aircraft. The policy objective of these regulations is to align with international standards set by the Convention on International Civil Aviation, particularly ensuring that the State of Design and the State of Registry uphold their responsibilities in maintaining aircraft safety. The Act facilitates the cancellation of airworthiness directives in accordance with Australia's international obligations, as demonstrated by the cancellation of AD/PA-34/12 affecting Piper PA-34-200 aircraft by CASA, which was made without public consultation due to its alignment with international conventions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with particular focus on the continuing airworthiness of aircraft and aeronautical products. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products. These directives are legislative instruments as they are disallowable under the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, and the State of Registry must implement requirements to maintain airworthiness. The cancellation of an AD, such as AD/PA-34/12 affecting Piper PA-34-200 aircraft, is executed by CASA in accordance with the provisions of the Act and does not necessitate public consultation or a Regulatory Impact Statement. The scope of these regulations and directives extends nationally, adhering to both domestic and international safety standards.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) empowers the Governor-General to enact regulations for the safety of air navigation, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. An AD, as stipulated in subregulation 39.001(5), is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure the aircraft's airworthiness. Conversely, the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, on behalf of Australia, has issued and subsequently cancelled AD/PA-34/12 affecting Piper PA-34-200 aircraft, with the cancellation set to take effect on 23 October 2008, and no replacement AD is required.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to issue ADs to ensure the safety and airworthiness of aircraft. The State of Design must provide essential information to the State of Registry to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. The cancellation of AD/PA-34/12 was made in accordance with Australia's obligations under the Convention on International Civil Aviation and has been executed by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA. This process adheres to subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 do not mandate public consultation for the cancellation of ADs, as determined by the Office of Best Practice Regulation, which also found that such cancellations do not require a Regulatory Impact Statement. This legal framework ensures that CASA can swiftly respond to international safety standards and obligations, thereby maintaining high safety standards in civil aviation. CASA's actions in issuing and cancelling ADs reflect its commitment to ensuring that aircraft meet the necessary safety and airworthiness criteria, thereby safeguarding public safety in air travel.
Failure to comply with airworthiness directives or regulations can result in serious civil or criminal consequences. Under the Civil Aviation Act 1988, individuals or entities that do not adhere to ADs may face substantial penalties. For example, operating an aircraft that does not comply with an AD can result in fines and potential imprisonment. Specifically, the maximum penalty for contravening an AD can reach up to 5,000 penalty units, which as of 2023, equates to approximately AUD 995,000. Additionally, CASA has the authority to impose administrative penalties, such as issuing infringement notices or pursuing legal action in civil courts. These stringent measures underscore the importance of compliance with airworthiness directives to ensure the safety and integrity of the civil aviation system.