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-46/10 affecting Piper PA-46-310P 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, enacted by the Australian Parliament, provides a regulatory framework for ensuring the safety of air navigation. It empowers the Governor-General to create regulations that support the Act's purpose, particularly in maintaining air safety. In line with this framework, the Civil Aviation Safety Regulations 1998, formulated under the authority of the Civil Aviation Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs, which are legislative instruments, aim to ensure the continuing airworthiness of aircraft types and individual aircraft in compliance with international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation. This convention dictates that the State of Design has the overarching responsibility for an aircraft type's airworthiness, while the State of Registry is responsible for the airworthiness of individual aircraft.
In a specific instance, CASA, which is the regulatory body responsible for civil aviation safety in Australia, issued AD/PA-46/10 concerning Piper PA-46-310P aircraft. After a review, CASA decided to cancel this directive, effective from 9 April 2009, due to Australia's obligations under the Convention on International Civil Aviation. This cancellation was made by the Acting Manager, Airframe and Structures, in the Airworthiness Engineering Group on behalf of CASA, and it does not require consultation with the Australian public or a Regulatory Impact Statement. Consequently, no replacement AD is necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring adherence to safety standards. These directives, which are considered disallowable instruments under the Acts Interpretation Act 1901, apply to aircraft registered in Australia, aligning with the continuing airworthiness requirements outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that the State of Registry is obligated to implement to maintain the airworthiness of the aircraft within their jurisdiction. The cancellation of a particular AD, such as AD/PA-46/10 for Piper PA-46-310P aircraft, is carried out in compliance with Australia’s international obligations and does not necessitate public consultation or a Regulatory Impact Statement. The process of issuing, reviewing, and cancelling ADs is overseen by CASA, ensuring that all measures align with the overarching aim of maintaining the highest safety standards in civil aviation.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to enact regulations that serve the purpose of the Act and promote the safety of air navigation. This legislative framework is further detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument according to the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to ensure the continuing airworthiness of aircraft by issuing necessary ADs. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, bears the primary responsibility for the continuing airworthiness of an aircraft type and must supply any required information to ensure this airworthiness to the appropriate States of Registry. Conversely, the State of Registry, which in this context is Australia, is tasked with developing or adopting requirements to maintain the continuing airworthiness of individual aircraft. These regulations aim to harmonise with international standards by ensuring that ADs, which are the most common form of continuing airworthiness information, are issued by most International Civil Aviation Organization (ICAO) Contracting States.
In terms of enforcement and compliance, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 impose strict obligations on CASA and the States of Registry to issue and adhere to ADs. Failure to comply with these regulations could result in civil or criminal penalties. However, the specific offences, penalties, or consequences for breaches are not detailed in the provided text. It is important to note that the cancellation of an AD, such as AD/PA-46/10 affecting Piper PA-46-310P aircraft, does not necessitate public consultation or a Regulatory Impact Statement due to Australia's obligations under the Convention on International Civil Aviation. The AD in question was cancelled by CASA, effective from 9 April 2009, and no replacement AD is required. This cancellation reflects Australia's commitment to international aviation safety standards.