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-36/11 affecting Piper PA-36-285 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 12 March 2009. 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation, providing the legal framework within which civil aviation activities are conducted. In line with this objective, the Governor-General has the authority to make regulations for the purposes of the Act, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further specify the mechanisms for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs, which are legislative instruments, serve as a primary means of continuing airworthiness information and are issued in accordance with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation. This particular legislative instrument, AD/PA-36/11, which affected Piper PA-36-285 aircraft, has been cancelled by CASA due to the international obligations, and no public consultation or Regulatory Impact Statement was required. The cancellation of this AD reflects CASA’s commitment to maintaining the highest safety standards in accordance with international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and therefore must be made in accordance with the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft, aligning with obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have responsibilities for aircraft safety. CASA, acting on behalf of the Australian Government, has the authority to issue, review, and cancel such directives. For instance, CASA issued and subsequently cancelled AD/PA-36/11 for Piper PA-36-285 aircraft, effective from 12 March 2009, without public consultation due to international obligations. The cancellation decision was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group within CASA, in compliance with the Act's provisions.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as specified in regulation 39.001. These ADs are legislative instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. Furthermore, the Legislative Instruments Act 2003 confirms that ADs are legislative instruments under section 6. ADs serve as a common form of continuing airworthiness information, aligning with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the overall responsibility for an aircraft type's continuing airworthiness. Meanwhile, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
Under the Civil Aviation Act 1988, CASA has the authority to issue ADs to ensure the safety of air navigation. The obligations imposed on CASA include the responsibility to monitor the continuing airworthiness of aircraft and aeronautical products, and to issue ADs as necessary. CASA must also ensure that these ADs are consistent with Australia's obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8. For example, CASA issued AD/PA-36/11 for Piper PA-36-285 aircraft, but subsequently reviewed and cancelled it, effective 12 March 2009, without a replacement AD.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose specific requirements on CASA and other parties involved. CASA must review the effectiveness and necessity of ADs, and when deemed appropriate, cancel them without the need for public consultation, as was the case with AD/PA-36/11. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. CASA must act in accordance with subsection 84A(2) of the Act when issuing or cancelling ADs.
There are no specified offences or penalties directly associated with the issuance or cancellation of ADs under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, failure to comply with ADs can lead to serious consequences, including aircraft being grounded or deemed unairworthy, potentially resulting in civil or criminal liability. CASA has the authority to enforce compliance with ADs, and non-compliance may lead to enforcement actions, including fines and other penalties as determined by relevant aviation regulations.