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-46/2 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 regulate civil aviation in Australia, focusing on the safety of air navigation. This Act empowers the Governor-General to make regulations, including those related to the issuance of airworthiness directives (ADs) under section 98. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory framework, delegating the authority to issue ADs to the Civil Aviation Safety Authority (CASA). These directives are considered legislative instruments under the Legislative Instruments Act 2003 and serve as a key mechanism for ensuring the continuing airworthiness of aircraft, in alignment with international standards set forth by the Convention on International Civil Aviation.
The cancellation of an existing airworthiness directive for Piper PA-46-310P aircraft, issued by CASA, reflects Australia's commitment to international obligations under the Convention on International Civil Aviation. This cancellation, effective from 12 March 2009, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The decision to cancel the AD was made by the Acting Manager, Airframes and Structures in CASA's Airworthiness Engineering Group, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Act, the Governor-General can make regulations that are in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are a manifestation of the State of Design's responsibility, under Annex 8 to the Convention on International Civil Aviation, to ensure the continuing airworthiness of aircraft types and to provide necessary information to the States of Registry. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft. In accordance with these obligations, CASA issued an AD affecting Piper PA-46-310P aircraft, which has since been cancelled, effective 12 March 2009, with no replacement AD required. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, under subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, further delegate to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are disallowable as per section 46A of the Acts Interpretation Act 1901.
The obligations under this legislation place significant responsibility on CASA to issue ADs that ensure the continuing airworthiness of aircraft. The State of Design, under Annex 8 to the Convention on International Civil Aviation, is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft as stipulated in Annex 8. These requirements include the implementation of ADs as a critical tool for continuing airworthiness.
The Civil Aviation Safety Regulations 1998, through the issuance of ADs, enable CASA to address safety issues and ensure compliance with international standards. For instance, AD/PA-46/2, which was issued by CASA or its predecessors, pertains to Piper PA-46-310P aircraft. Following a review, CASA has decided to cancel this particular AD, effective from 12 March 2009. This cancellation is in accordance with Australia’s obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant penalties. The maximum penalties for non-compliance are not explicitly detailed in the text provided; however, the serious nature of airworthiness directives and their enforcement indicates that penalties could include substantial fines and potential imprisonment for severe breaches. The enforcement of these regulations is crucial to maintaining high safety standards in civil aviation.