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-36/16 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 acting Manager, Airframes and Structures 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 Australian Parliament, serves to regulate civil aviation within Australia, with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety. One of the key mechanisms established under the Act is the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to mandate safety measures for specific types of aircraft or aeronautical products. This regulatory framework aligns with Australia’s international obligations under the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of aircraft types, and the State of Registry ensures the ongoing compliance of individual aircraft. Recently, CASA reviewed and subsequently cancelled an AD pertaining to Piper PA-36-285 aircraft, reflecting its commitment to fulfilling international obligations and ensuring the highest safety standards in Australian aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. ADs serve as a primary means for ensuring the continuing airworthiness of aircraft, in line with the requirements set out in Annex 8 of the Convention on International Civil Aviation. This convention stipulates that the State of Design holds the 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. Consequently, the State of Registry is tasked with the responsibility of developing or adopting requirements to maintain the continuing airworthiness of the aircraft within its jurisdiction. The ADs issued by CASA, such as the AD/PA-36/16 affecting Piper PA-36-285 aircraft, are made in accordance with the Civil Aviation Act 1988 and are subject to review and cancellation when necessary, as determined by Australia’s obligations under the Convention on International Civil Aviation. The cancellation of such an AD does not require public consultation or a Regulatory Impact Statement, and it is made by authorised personnel within CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Governor-General to enact regulations that ensure the safety of air navigation (s. 98). Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 (s. 39.001(5)). As such, they are subject to the Legislative Instruments Act 2003.
The obligations imposed by these regulations include a responsibility on the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry (Annex 8, Convention on International Civil Aviation). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft (Annex 8). CASA, acting on behalf of the State of Registry in Australia, issues ADs to meet these obligations. CASA has the authority to issue, review, and cancel ADs, as demonstrated by the cancellation of AD/PA-36/16 for Piper PA-36-285 aircraft, effective from 12 March 2009. No replacement AD is required following this cancellation.
In terms of consequences, any breach of the ADs or failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 could result in civil or criminal penalties. The exact penalties depend on the nature and severity of the breach. While the specific penalties are not outlined in the document, it is clear that CASA has the authority to enforce compliance and take action against non-compliance, ensuring the safety and airworthiness of aircraft remain paramount.