AD/A320/14 Amdt 1 — Landing Gear – Interruption of Retraction Sequence

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L01928 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/A320/14 Amdt 1 — Landing Gear – Interruption of Retraction Sequence

 

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/A320/14 Amdt 1 applies to the Airbus Industrie A320 series aircraft.

 

The French Direction Générale de l’Aviation Civile (DGAC) issued
AD 90-026-007(B)R1 affecting Airbus Industrie A320 series aeroplanes in 1990. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/14 to mandate the requirements of DGAC AD 90-026-007(B)R1. As a result of a request from industry, CASA has issued AD/A320/14 Amdt 1 to update the DGAC AD number referenced in this AD from 90-026-007(B)R1 to a later revision, AD 90-026-007(B)R2 and to amend the applicability to include all Airbus A320 models. There are no changes to the technical requirements of the AD. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry, in particular an operator of the Airbus Industrie A320 series aircraft. As the AD is in response to an AD issued by the national airworthiness authority of the State of Design, and issued in accordance with CASA’s responsibilities under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 14 November 2013.

[Instrument number AD/A320/14 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/A320/14 Amdt 1 – Landing Gear – Interruption of Retraction Sequence

 

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 airworthiness directive (AD) 90-026-007(B)R1 affecting Airbus Industrie A320 series aeroplanes in 1990. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/14 to mandate the requirements of DGAC AD 90-026-007(B)R1. The DGAC subsequently replaced AD 90-026-007(B)R1with AD 90-026-007(B)R2. As a result of a request from industry, CASA has repealed and replaced AD/A320/14 to update the DGAC AD number referenced and to amend the applicability to include all Airbus A320 models. There are no changes to the technical requirements of the AD.

 

The primary purpose of this legislative instrument is to update the AD to reflect the current DGAC AD.

 

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, under the Civil Aviation Act 1988, allow for the creation of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, AD/A320/14 Amdt 1 addresses the issue of interruptions in the landing gear retraction sequence of Airbus Industrie A320 series aircraft, responding to a directive issued by the French Direction Générale de l’Aviation Civile (DGAC). This amendment updates the referenced DGAC AD number from 90-026-007(B)R1 to 90-026-007(B)R2 and extends its applicability to all Airbus A320 models. The amendment was enacted following a request from the industry and serves to align Australian regulations with the current DGAC AD without altering the technical requirements. This legislative instrument is compatible with human rights as it does not raise any human rights issues, as detailed in the Statement of Compatibility with Human Rights.

Scope and Application

The AD/A320/14 Amdt 1 applies specifically to the Airbus Industrie A320 series aircraft, which are registered in Australia. The AD, issued under the Civil Aviation Safety Regulations 1998, is a legislative instrument that mandates the requirements of the French Direction Générale de l’Aviation Civile (DGAC) airworthiness directive AD 90-026-007(B)R2, which pertains to the landing gear of the A320 series. This AD ensures the continuing airworthiness of these aircraft types within Australia by aligning them with international safety standards. The AD applies to all Airbus A320 models registered in Australia and does not require any additional consultation as it is in response to an AD issued by the State of Design. The AD has no stated exclusions or exemptions but is intended to maintain the safety standards as per international agreements under the Convention on International Civil Aviation. The AD commenced on 14 November 2013 and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a particular kind of aircraft or aeronautical product. AD/A320/14 Amdt 1 pertains specifically to the Airbus Industrie A320 series aircraft, updating the referenced AD number from 90-026-007(B)R1 to 90-026-007(B)R2, and expanding its applicability to all Airbus A320 models. This amendment ensures that the AD aligns with the most current version issued by the French Direction Générale de l’Aviation Civile (DGAC), which is the State of Design for this aircraft type. However, it is important to note that there are no changes to the technical requirements of the AD itself. Under this legislation, the primary obligation imposed on the parties or entities governed by AD/A320/14 Amdt 1 is to ensure compliance with the updated AD number and expanded applicability. This includes operators, manufacturers, and any other relevant entities that must adhere to the requirements set forth in the updated AD to maintain the airworthiness of Airbus A320 series aircraft. This mandate is in line with the responsibilities of the State of Registry, which in this case is Australia, to ensure the continuing airworthiness of aircraft registered within its jurisdiction. By updating the AD, CASA ensures that all relevant stakeholders are informed of the most current safety directives and requirements. In terms of potential offences, penalties, or consequences for breach, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with airworthiness directives. However, non-compliance with safety regulations can lead to significant civil and criminal consequences, including fines, suspension or revocation of aircraft operating certificates, and potential criminal charges against individuals or companies responsible for the non-compliance. The severity of the penalties can vary depending on the nature and extent of the non-compliance, as well as any resulting safety incidents or accidents. CASA has the authority to enforce these regulations and take appropriate action against those who fail to comply with the airworthiness directives and other safety requirements.

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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.