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-46/4 Amdt 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, enacted to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to make regulations for the safety of air navigation. The Act's aim is to provide a robust legal framework for the regulation of civil aviation in the country. One of the key regulatory instruments under this Act is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism is integral to maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 stipulate that ADs are disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework allows CASA to issue and cancel ADs to address specific safety concerns, thereby aligning with Australia's obligations under international conventions. In the case of AD/PA-46/4 Amdt 2 affecting Piper PA-46-310P aircraft, CASA reviewed and subsequently cancelled the directive, effective from 12 March 2009. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The ADs serve as a means to maintain the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design and the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. In the context of Australia, CASA, acting under the authority granted by the Civil Aviation Act 1988, issued AD/PA-46/4 Amdt 2 for Piper PA-46-310P aircraft, which has subsequently been cancelled effective 12 March 2009, with no replacement directive required. This cancellation is in line with Australia's international obligations and was not subject to public consultation or the requirement for 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 the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Regulations specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance under section 6 of the Legislative Instruments Act 2003. This regulatory structure is consistent with Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of an aircraft type to the State of Design, while the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft.
The obligations imposed by these provisions on CASA and other relevant parties are significant. CASA, acting on behalf of the Australian government, is tasked with issuing ADs to ensure the safety and airworthiness of aircraft within Australia’s jurisdiction. This responsibility extends to reviewing and cancelling ADs as circumstances change, as demonstrated by the recent cancellation of AD/PA-46/4 Amdt 2, which affected Piper PA-46-310P aircraft. The State of Registry is also obligated to ensure the continuing airworthiness of individual aircraft, and must develop or adopt the necessary requirements to meet this obligation. Both CASA and the State of Registry must comply with international standards set by ICAO, particularly those outlined in Annex 8, to maintain a consistent and globally recognised approach to aircraft safety.
Breaches of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can have serious consequences. While the specific offences, penalties, and consequences for non-compliance are not detailed in the provided text, it is clear that failure to adhere to ADs or to ensure the continuing airworthiness of aircraft can lead to significant safety risks. The regulatory framework is designed to enforce compliance rigorously, with potential civil or criminal penalties for violations that could impact public safety. CASA’s authority to issue and cancel ADs underscores the importance of adhering to these safety standards, with non-compliance potentially leading to enforcement actions, fines, or other legal repercussions.