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-46/1 affecting Piper PA-46-310P 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 was enacted to ensure the safety of air navigation in Australia. This Act provides the legislative framework for the regulation of civil aviation within the country, with a strong emphasis on safety. Under the authority granted by this Act, the Governor-General can make regulations that contribute to the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further delineate these regulatory powers, specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This legislative mechanism is designed to maintain the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. As part of its regulatory functions, CASA has the authority to issue, review, and if necessary, cancel such directives, ensuring compliance with both national and international obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, and subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument. These directives are critical for maintaining the continuing airworthiness of aircraft and align with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the overall responsibility for ensuring the airworthiness of an aircraft type. The State of Registry, in this case CASA, must then ensure the ongoing airworthiness of individual aircraft by developing or adopting the necessary requirements. The AD/PA-46/1, initially issued by CASA affecting Piper PA-46-310P aircraft, has been cancelled effective from 12 March 2009, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation, however, did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, which are aimed at enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument, classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA and the States of Registry. CASA, as the regulatory body, must issue ADs as necessary to ensure the continuing airworthiness of aircraft. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the airworthiness of the aircraft registered within its territory. This responsibility is aligned with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for the continuing airworthiness of an aircraft type, and requires it to provide necessary information to the States of Registry.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly list offences or penalties for breaches related to ADs. However, the regulatory framework ensures that any failure to comply with ADs could potentially lead to safety risks, which might be addressed under broader aviation safety laws. In the specific case of AD/PA-46/1, which was issued for Piper PA-46-310P aircraft and subsequently cancelled by CASA, no penalties are directly associated with the cancellation itself. The cancellation was due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. The absence of public consultation or a Regulatory Impact Statement for this AD cancellation indicates a streamlined process aligned with international standards.