AD/A320/123 Amdt 1 - Ram Air Turbine Actuator

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Legislation au F2017L00565 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/123 Amdt 1 — Ram Air Turbine Actuator

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design. AD/A320/123 Amdt 1 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 2001-236(B) affecting Airbus A320 series aeroplanes in 2001. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/123 to mandate the requirements of DGAC AD 2001-236(B). As a result of a request from industry, CASA has issued AD/A320/123 Amdt 1 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD and updating the DGAC AD reference to the latest revision. This AD repeals and replaces the previous AD on this subject.

 

The Airbus Service Bulletin referred to in the AD can be obtained from Airbus, however, any Australian airline or operator which operates the A320 aircraft is provided with this document by Airbus by subscription.

 

Consultation

This AD is being made at the request of industry, in particular an operator of the Airbus A320 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the applicability of the AD and updating a document reference to the latest revision, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

The instrument commences on 26 May 2017.

[Instrument number AD/A320/123 Amdt 1]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/A320/123 Amdt 1 – Ram Air Turbine Actuator

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 2001-236(B) affecting Airbus A320 series aeroplanes in 2001. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/123 to mandate the requirements of DGAC AD 2001-236(B). As a result of a request from industry, CASA has repealed and replaced AD/A320/123 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD and updating the DGAC AD reference to the latest revision.

The primary purpose of this legislative instrument is to clarify the applicability of the AD and update a document reference to the latest revision.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation and aircraft operations in Australia. The 2017 amendment to these regulations, AD/A320/123 Amdt 1, specifically targets the Ram Air Turbine Actuator on Airbus A320 Series aircraft, responding to a request from industry to clarify the applicability of a pre-existing airworthiness directive. The Civil Aviation Safety Authority (CASA), acting under powers conferred by the Civil Aviation Act 1988, issued this amendment to align with the French Direction Générale de l'Aviation Civile's (DGAC) airworthiness directive AD 2001-236(B), while also updating the reference to the latest revision. This amendment, considered minor in nature, was deemed not to require further consultation or a Regulation Impact Statement, and it has been declared compatible with human rights.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 1 (AD/A320/123 Amdt 1) applies specifically to operators of Airbus A320 Series aircraft within Australia, ensuring these entities adhere to airworthiness directives mandated by the Civil Aviation Safety Authority (CASA). This legislative instrument is a response to an industry request and serves to clarify the applicability of an existing airworthiness directive (AD) originally issued by the French Direction Générale de l'Aviation Civile (DGAC) in 2001, and subsequently adopted by CASA as AD/A320/123. The amendment aligns the Australian AD with the DGAC's directive and updates the reference to the latest revision of the DGAC AD. This AD is a legislative instrument under the Civil Aviation Act 1988 and is made in the interests of ensuring the safety of air navigation. The AD applies to all Australian operators of the Airbus A320 series aircraft, and CASA, as Australia's national airworthiness authority, is responsible for issuing and enforcing these directives. The AD does not apply to aircraft or operators outside of Australia unless they are registered under the Australian registry. The amendment does not substantially alter existing arrangements but provides clarity and updates the reference to the latest version of the DGAC AD.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow for the issuance of airworthiness directives (AD) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product (sections 98(5B) and (5BA) of the Civil Aviation Act 1988). AD/A320/123 Amdt 1, which concerns the Airbus A320 series aircraft, is such a legislative instrument. It was made in response to a request from the industry and serves to clarify the applicability of an existing AD and update a reference to its latest revision. The AD/A320/123 Amdt 1 aims to align the Australian AD with the French Direction Générale de l'Aviation Civile (DGAC) AD 2001-236(B), which was issued in 2001. The AD imposes specific obligations on Australian operators of Airbus A320 series aircraft. These obligations include ensuring compliance with the AD/A320/123 Amdt 1, which requires operators to follow the updated instructions and references regarding the ram air turbine actuator. Operators must ensure that their maintenance procedures and practices are in line with the AD to maintain the continuing airworthiness of their aircraft. CASA, as the national airworthiness authority, has the responsibility to monitor compliance with these directives to ensure safety standards are met. Failure to comply with the requirements set out in AD/A320/123 Amdt 1 can result in legal consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with ADs generally can lead to enforcement actions by CASA, which may include fines, suspension or revocation of air operator certificates, and other administrative actions. The seriousness of the consequences will depend on the nature and extent of the non-compliance and its impact on aviation safety. The AD is designed to ensure that all operators adhere to safety standards, thus protecting the public and maintaining the integrity of the aviation system.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.