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-46/6 Amdt 1 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation authorises the Governor-General to make regulations necessary for the safety of air navigation, which is a fundamental objective of the Act. One significant aspect of this regulatory framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901, and they play a crucial role in maintaining the continuing airworthiness of aircraft and aeronautical products. In accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, the State of Registry, in this case CASA, is responsible for ensuring that individual aircraft meet continuing airworthiness standards. The cancellation of AD/PA-46/6 Amdt 1 for Piper PA-46 aircraft by CASA, effective from 9 April 2009, exemplifies the dynamic nature of aviation regulation, reflecting Australia's commitment to international standards and safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This legislative framework applies to all aircraft registered in Australia, their operators, and any other entities or individuals involved in the maintenance and operation of these aircraft. Geographically, the application of these regulations extends across the Commonwealth, adhering to the international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Notably, the ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public is mandated for their issuance or cancellation, as determined by the Office of Best Practice Regulation. The cancellation of a specific AD, such as AD/PA-46/6 Amdt 1 for Piper PA-46 aircraft, is executed in compliance with Australia’s international obligations and relevant regulatory processes.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations in the interests of safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003.
Under these provisions, CASA is responsible for issuing ADs to ensure the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft was designed, must provide necessary information to maintain airworthiness, while the State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. CASA issued AD/PA-46/6 Amdt 1 for Piper PA-46 aircraft, but has since cancelled it, effective from 9 April 2009, without the need for a replacement AD due to Australia’s international obligations.
Entities governed by these regulations have obligations to comply with ADs to maintain the safety and airworthiness of their aircraft. For instance, aircraft operators must adhere to ADs issued by CASA, ensuring that their aircraft meet the required safety standards. CASA itself is mandated to issue ADs based on safety assessments and international agreements, ensuring that Australian-registered aircraft comply with global safety standards.
Breach of ADs can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines and potential prosecution. The severity of penalties can vary based on the nature and extent of the breach, with maximum penalties stipulated in the relevant sections of the Act. CASA has the authority to enforce these regulations and take action against non-compliance, ensuring that all aircraft meet the required safety standards.