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-46/25 affecting Piper PA-46 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, was established to ensure the safety and efficiency of civil aviation within Australia. The Act provides the framework for the regulation of civil aviation, including the safety of air navigation, and empowers the Governor-General to make regulations to support these objectives. The Civil Aviation Safety Regulations 1998 further detail these regulations, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These directives are considered legislative instruments as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901. The policy objective of these regulations is to maintain and enhance the safety of air navigation in alignment with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types.
In accordance with these legislative frameworks, CASA has the authority to issue and manage ADs, ensuring that they comply with both national and international obligations. The cancellation of AD/PA-46/25 affecting Piper PA-46 aircraft, effective from 9 April 2009, was made by CASA, reflecting Australia's commitment to its international obligations under the Convention on International Civil Aviation. This decision did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Acting Manager, Airframe and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that are necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry is ultimately responsible for the airworthiness of individual aircraft, while the State of Design must provide necessary information to support this responsibility. In this particular case, CASA has cancelled AD/PA-46/25 for Piper PA-46 aircraft due to Australia’s obligations under the Convention on International Civil Aviation, with the cancellation set to take effect on 9 April 2009. Given that this cancellation aligns with international obligations and does not necessitate a Regulatory Impact Statement, no public consultation was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. An example of such an AD is AD/PA-46/25, which was issued by CASA or its predecessors for Piper PA-46 aircraft. However, CASA has since reviewed and decided to cancel this directive, effective from 9 April 2009, without the need for a replacement AD due to Australia’s obligations under the Convention on International Civil Aviation.
The obligations imposed by these provisions require CASA to issue ADs as necessary to ensure the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. This includes the responsibility of the State of Design to provide essential information to the State of Registry, which must then develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA’s role involves the issuance of these directives, ensuring compliance with both national and international safety standards. The cancellation of AD/PA-46/25 demonstrates CASA’s commitment to these obligations and its role in maintaining the highest safety standards in Australia's aviation industry.
The Civil Aviation Safety Regulations 1998 and the Legislative Instruments Act 2003 also impose certain procedural requirements on CASA when issuing or cancelling ADs. CASA must ensure that any AD issued is a legislative instrument, which means it must be drafted and reviewed in accordance with the requirements of the Legislative Instruments Act. The cancellation of AD/PA-46/25 was made by the Acting Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in compliance with section 84A(2) of the Act. This highlights the meticulous process CASA follows to ensure that all actions taken are in line with legislative requirements and international obligations.
There are no specific offences, penalties, or civil/criminal consequences outlined for the issuance or cancellation of ADs under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, the overarching framework of the Act and Regulations ensures that any failure by CASA to properly issue or cancel ADs could potentially lead to safety issues, which are subject to other regulatory and enforcement actions. The careful review and adherence to the legislative process underscore the importance of maintaining safety standards in the aviation industry.