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-42/6 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, 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 Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) as per section 98. The Civil Aviation Safety Regulations 1998 further delegate this authority to the Civil Aviation Safety Authority (CASA), which is responsible for issuing ADs as outlined in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The cancellation of AD/PA-42/6, affecting Piper PA-42 aircraft, was enacted by CASA in accordance with the Civil Aviation Act, reflecting Australia's commitment to international standards as set forth in Annex 8 to the Convention on International Civil Aviation. This cancellation, which takes effect on 9 April 2009, signifies that no replacement AD is necessary, and no public consultation was required due to the nature of ADs as per the Office of Best Practice Regulation.
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) for specific types of aircraft or aeronautical products. These directives serve as regulatory instruments designed to maintain the safety of air navigation, thereby ensuring the continuing airworthiness of aircraft. The ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The issuance and subsequent cancellation of such directives, such as the AD/PA-42/6 affecting Piper PA-42 aircraft, are governed by Australia's commitments under the Convention on International Civil Aviation. The State of Registry retains responsibility for the ongoing airworthiness of individual aircraft, while the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types. The regulatory process does not require public consultation or a Regulatory Impact Statement for such directives, as determined by the Office of Best Practice Regulation. CASA issues these directives on behalf of the Commonwealth, adhering to the provisions set out in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft and are issued by most ICAO Contracting States. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. This regulatory framework ensures that all necessary information is provided to maintain the safety of air navigation.
The obligations imposed by the Act and the Regulations on CASA and other entities include the issuance of ADs to address any safety concerns related to specific types of aircraft or aeronautical products. The State of Design must provide any information necessary to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA, as the regulator, must review and issue ADs in accordance with the Civil Aviation Safety Regulations 1998 and the Act. The cancellation of an AD, such as AD/PA-42/6 affecting Piper PA-42 aircraft, must be carried out in accordance with Australia's obligations under the Convention on International Civil Aviation.
The Act and Regulations do not require consultation with the Australian public or a Regulatory Impact Statement for the issuance or cancellation of ADs. The cancellation of AD/PA-42/6, which has been made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, is an example of this process. The cancellation of this AD is effective as of 9 April 2009, and no replacement AD is required. There are no specified offences, penalties, or consequences for breach in the text provided. However, non-compliance with airworthiness directives could potentially lead to safety risks and legal consequences, such as fines or imprisonment, under other provisions of the Civil Aviation Act 1988 and related regulations.