CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
CANCELLATION 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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Swiss Federal Office for Civil Aviation has issued AD HB-2005-263 affecting Pilatus PC-6 model aircraft. Switzerland is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/PC-6/40. The cancellation will become effective on 4 August 2005. No replacement AD is required, as the original unsafe condition has been corrected by AD/PC-6/51 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been cancelled by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, such as those issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allow for the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The 1998 regulations were introduced to address the need for a robust regulatory system that aligns with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 is administered by the Parliament of Australia, with a policy objective to harmonise Australian aviation regulations with international standards, ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance and cancellation of airworthiness directives (ADs) in Australia. These regulations apply to any aircraft registered in Australia and are instrumental in ensuring the ongoing safety and airworthiness of these aircraft. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments and, as such, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue and cancel ADs is exercised by CASA in alignment with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information to States of Registry, including Australia. This international obligation is reflected in the jurisdictional reach of the Act, which encompasses both national and international regulatory frameworks. The application of these regulations is not subject to exclusions or exemptions based on the text provided, and the scope is explicitly tied to the maintenance of airworthiness standards. Subordinate instruments, such as ADs, extend the application of the Act by implementing specific safety requirements. In this instance, CASA has cancelled Australian AD/PC-6/40 for Pilatus PC-6 model aircraft following an assessment of an AD issued by the Swiss Federal Office for Civil Aviation, illustrating how subordinate instruments can restrict or modify the application of the Act in response to international developments.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001 respectively, provide the legal basis for the issuance and management of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations that ensure the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This framework ensures that ADs can be issued to mandate necessary safety requirements.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. The State of Design, such as Switzerland for the Pilatus PC-6 model aircraft, holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness. In turn, the State of Registry, such as CASA for Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures a coordinated international approach to maintaining aircraft safety.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also outline the consequences of failing to comply with ADs or the processes outlined within the legislation. While the specific offences, penalties, or civil and criminal consequences for breaching ADs are not detailed in this particular explanatory statement, it is known that non-compliance with ADs can result in severe penalties under aviation law. Such penalties may include fines, suspension of airworthiness certificates, or other enforcement actions deemed necessary to ensure compliance and maintain safety standards. These measures underscore the importance of adhering to ADs to prevent unsafe conditions in aviation operations.