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-46/11 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 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 by the Commonwealth Parliament, establishes a regulatory framework to ensure the safety of civil aviation within Australia. One key provision of the Act is its delegation of authority to the Governor-General to create regulations that serve the interests of air navigation safety. Among these regulations are the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to uphold international standards of aviation safety as set forth in the Convention on International Civil Aviation, ensuring that both the State of Design and the State of Registry of an aircraft maintain their respective responsibilities for the aircraft’s continuing airworthiness.
In accordance with this legislative structure, CASA issued an airworthiness directive (AD/PA-46/11) concerning Piper PA-46-310P aircraft, which has since been reviewed and subsequently cancelled due to Australia's commitments under the Convention on International Civil Aviation. The cancellation of this AD, effective from 9 April 2009, does not necessitate a replacement directive. Notably, as the cancellation aligns with international obligations, no public consultation was required, and the Office of Best Practice Regulation has confirmed that no Regulatory Impact Statement is needed. The AD was formally made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Act’s provisions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure the safety of air navigation and are in line with Australia's obligations under the Convention on International Civil Aviation. Each AD is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design is primarily responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which oversees the individual aircraft's airworthiness. CASA, on behalf of the Commonwealth, issues these directives to ensure compliance with safety standards. The scope of these regulations applies to aircraft registered in Australia and the entities responsible for their maintenance and operation. The ADs may be modified or cancelled based on international standards and safety requirements, and such actions do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to maintain the safety standards of aviation and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. One such AD, AD/PA-46/11, targeted Piper PA-46-310P aircraft, but it has been reviewed and subsequently cancelled by CASA, effective from 9 April 2009. This cancellation was necessitated by Australia's commitments under the Convention on International Civil Aviation, and no replacement AD has been deemed necessary.
Under this Act, CASA, acting on behalf of the State of Registry, has specific obligations to ensure the ongoing airworthiness of aircraft. This includes the issuance of ADs when necessary, which are integral to fulfilling the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design is also tasked with providing necessary information to support the continuing airworthiness of an aircraft type, and the State of Registry must adopt appropriate requirements to ensure the safety and airworthiness of individual aircraft.
The obligations imposed by this Act on CASA and other relevant parties include the maintenance of stringent safety standards through the issuance and management of ADs. CASA must ensure that these directives are compliant with international standards and obligations, particularly those outlined in the Convention on International Civil Aviation. Given the critical nature of these directives, CASA must also ensure that any changes, such as the cancellation of an AD, are communicated effectively and implemented without delay.
Failure to comply with the requirements of the Civil Aviation Act 1988 and the associated regulations can lead to significant consequences. While specific penalties are not detailed in this text, breaches of civil aviation safety regulations generally can result in both civil and criminal liabilities. Civil penalties can include substantial fines, while criminal penalties can extend to imprisonment, reflecting the serious nature of non-compliance with aviation safety standards. It is crucial for all parties governed by this Act to adhere strictly to the mandated safety protocols to avoid these severe repercussions.