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-44/16 affecting Piper PA-44 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 Acting Manager, Airframe 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on the mechanisms for maintaining aircraft airworthiness, granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for such directives with the State of Design and the State of Registry.
In the context of this legislation, CASA has exercised its regulatory powers to cancel AD/PA-44/16, which pertains to Piper PA-44 aircraft, due to Australia’s obligations under the Convention on International Civil Aviation. The cancellation of this directive, effective from 9 April 2009, signifies a compliance measure with international standards, thereby negating the need for public consultation or a Regulatory Impact Statement. The cancellation process underscores CASA’s commitment to upholding international civil aviation safety standards and ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. This legislation applies to entities involved in the design, registration, and operation of aircraft within Australia, ensuring that all such entities adhere to safety standards established by CASA. The ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve to maintain the airworthiness of aircraft as per international standards outlined in Annex 8 of the Convention on International Civil Aviation. These directives are critical in ensuring that the State of Registry, which is responsible for the individual aircraft, complies with continuing airworthiness requirements. In this instance, CASA has issued and subsequently cancelled AD/PA-44/16 for Piper PA-44 aircraft, reflecting Australia's commitment to international civil aviation standards. The cancellation of this AD was made in accordance with the Act and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to create regulations for air navigation safety (section 98). The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (regulation 39.001). Section 6 of the Legislative Instruments Act 2003 classifies these ADs as legislative instruments, given their disallowable nature under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)).
The Act and accompanying regulations mandate several obligations for the entities they govern. The State of Design, which is the country where the aircraft type is designed, must ensure the aircraft's continuing airworthiness by providing necessary information to the State of Registry, in line with Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft's airworthiness. CASA, as the regulatory authority, issues ADs to enforce these obligations and ensure compliance with international standards.
Failure to comply with ADs can result in significant civil or criminal consequences. While the specific penalties are not detailed in the text, non-compliance with safety regulations generally may lead to enforcement actions, including fines and legal penalties. The text indicates that the AD/PA-44/16 affecting Piper PA-44 aircraft has been cancelled by CASA, and no replacement AD is necessary, reflecting a decision based on Australia's obligations under the Convention on International Civil Aviation. This cancellation is a legislative action taken by the Acting Manager, Airframe and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.