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-42/12 affecting Piper PA-42 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 9 April 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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, serve as crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Registry in accordance with Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) exercises its authority to issue these directives, ensuring that they align with Australia’s international obligations and safety standards. The cancellation of AD/PA-42/12, affecting Piper PA-42 aircraft, reflects CASA's commitment to these standards, with no replacement AD required as a result of this cancellation. This action was taken without public consultation due to the AD's alignment with Australia's international commitments and was deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. ADs are the primary means by which the State of Design communicates necessary information to ensure aircraft safety and compliance. The State of Registry of an aircraft, in this case, CASA, holds the responsibility for ensuring the continuing airworthiness of registered aircraft, aligning with the requirements set out in Annex 8. CASA has the authority to issue, review, and cancel ADs as necessary, as demonstrated in the case of AD/PA-42/12 affecting Piper PA-42 aircraft, which has been cancelled effective 9 April 2009, reflecting Australia’s obligations under the Convention on International Civil Aviation. Given the technical nature of ADs, the cancellation of this specific AD did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides CASA with the authority to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is further clarified in subregulation 39.001(5), which identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure the continuing airworthiness of aircraft within Australia. The State of Registry, which in this context is Australia, must develop or adopt requirements to maintain the airworthiness of aircraft. The State of Design, typically the manufacturer's country, bears the responsibility of providing necessary information to ensure the airworthiness of the aircraft type. This international cooperation is mandated under Annex 8 to the Convention on International Civil Aviation. ADs serve as a common mechanism for disseminating continuing airworthiness information among ICAO Contracting States, including Australia.
In the specific case of AD/PA-42/12 affecting Piper PA-42 aircraft, CASA has the responsibility to review and, if necessary, cancel such directives. The cancellation of AD/PA-42/12 was necessitated by Australia's obligations under the Convention on International Civil Aviation and will take effect on 9 April 2009. Given that this cancellation arises from international obligations, it did not require public consultation. Moreover, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Offences under these regulations may result in penalties prescribed by law, which can include both civil and criminal sanctions. The maximum penalties for contravening these regulations can vary, but they are designed to enforce compliance and ensure the safety of air navigation. Failure to adhere to ADs, for instance, can lead to severe penalties, including fines and imprisonment, as the regulations are pivotal to maintaining the safety standards required by international and domestic aviation laws.