AD/A320/199 Amdt 2 State of Design Airworthiness Directives

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Legislation au F2021L00316 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/199 Amdt 2 — State of Design Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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.

CASA issued AD/A320/199 in 2007 to mandate the requirements of several French Directorate General of Civil Aviation (DGAC) ADs requiring one-time compliance actions to correct various unsafe conditions for Airbus A319 series aeroplanes. CASA subsequently issued AD/A320/199 Amdt 1 in 2010 to extend the applicability of the AD to include A320 and A321 series aeroplanes and incorporate an additional eight ADs requiring compliance. One of the ADs requiring compliance was French DGAC AD 1996-293(B)R1 which addressed an unsafe condition relating to Hamilton Sundstrand APS 3200 auxiliary power units (APU). At the time of issue of this DGAC AD 1996-293(B)R1, the United States of America Federal Aviation Administration (FAA), which is the State of Design for these APUs, had not yet taken corrective action to address the unsafe condition. The FAA subsequently issued AD 97-03-06 to correct the unsafe condition. As a result of a request from industry, CASA has issued AD/A320/199 Amdt 2 to replace the reference to DGAC AD 1996-293(B)R1 with a reference to FAA AD 97-03-06 as the FAA is the State of Design for the affected APUs. The AD includes a statement that actions previously carried out in accordance with the DGAC AD constitute compliance with equivalent actions required by the FAA AD to ensure no disadvantage for operators who have already complied with the French AD which requires the same corrective action. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

The AD incorporates by reference FAA AD 97-03-06, as in force from time to time, which is freely available on the FAA website at the following internet address:

https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/17E219BBC64B019086256A40005AE13C?OpenDocument&Highlight=97-03-06

The AD also incorporates by reference various French DGAC ADs, as in force from time to time, which are freely available by carrying out a search by AD number on the EASA website at the following website address:

https://ad.easa.europa.eu/

Consultation

This AD is being made at the request of industry. As this change from the previous AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from replacing reference to a French DGAC AD with reference to an equivalent FAA AD requiring the same corrective actions, while providing credit for actions previously taken in accordance with the French DGAC AD, 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 31 March 2021.

[Instrument number AD/A320/199 Amdt 2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/A320/199 Amdt 2 — State of Design Airworthiness Directives

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

CASA issued AD/A320/199 in 2007 to mandate the requirements of several French Directorate General of Civil Aviation (DGAC) ADs requiring one-time compliance actions to correct various unsafe conditions for Airbus A319 series aeroplanes. CASA subsequently issued AD/A320/199 Amdt 1 in 2010 to extend the applicability of the AD to include A320 and A321 series aeroplanes and incorporate an additional eight ADs requiring compliance. One of the ADs requiring compliance was French DGAC AD 1996-293(B)R1 which addressed an unsafe condition relating to Hamilton Sundstrand APS 3200 auxiliary power units (APU). At the time of issue of this DGAC AD 1996-293(B)R1, the United States of America Federal Aviation Administration (FAA), which is the State of Design for these APUs, had not yet taken corrective action to address the unsafe condition. The FAA subsequently issued AD 97-03-06 to correct the unsafe condition. As a result of a request from industry, CASA has issued AD/A320/199 Amdt 2 to replace reference to DGAC AD 1996-293(B)R1 with reference to FAA AD 97-03-06 as the FAA is the State of Design for the affected APUs. The AD includes a statement that actions previously carried out in accordance with the DGAC AD constitute compliance with equivalent actions required by the FAA AD to ensure no disadvantage for operators who have already complied with the French AD which requires the same corrective action.

The primary purpose of this legislative instrument is to reference the correct State of Design 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 were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. These regulations, amended by AD/A320/199 Amdt 2, address specific safety concerns regarding Airbus A319, A320, and A321 series aeroplanes, focusing on auxiliary power units (APUs). The Australian Civil Aviation Safety Authority (CASA) is the body responsible for issuing airworthiness directives (ADs) under the Civil Aviation Act 1988, with the overarching policy objective of maintaining the highest safety standards in line with international civil aviation conventions. This amendment was introduced in response to industry requests to align the references within the ADs with the correct State of Design, ensuring that the appropriate regulatory authority's directives are followed. The policy objective is to ensure that all safety directives are consistent with those of the respective State of Design, thereby maintaining a unified approach to airworthiness and safety across different jurisdictions.

Scope and Application

The AD/A320/199 Amdt 2, issued under the Civil Aviation Act 1988, applies to operators of Airbus A319, A320, and A321 series aeroplanes registered in Australia. It mandates compliance with specific airworthiness directives concerning auxiliary power units (APU) to ensure the continuing airworthiness of these aircraft types. The Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, issued this amendment to replace a reference to a French airworthiness directive with an equivalent directive issued by the United States Federal Aviation Administration (FAA), which is the State of Design for the APUs in question. This change aligns with international standards under the Convention on International Civil Aviation and ensures operators do not face disadvantages if they have already complied with the previous directive. The legislative instrument incorporates by reference FAA AD 97-03-06 and various French DGAC ADs, as they are amended over time. This amendment does not require a Regulation Impact Statement or further consultation as it is deemed minor and does not substantially alter existing arrangements. The AD/A320/199 Amdt 2 commenced on 31 March 2021 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 (CASR), under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific types of aircraft or aeronautical products (section 39.001). Section 98 of the Civil Aviation Act 1988 (the Act) provides the legal basis for CASA to issue these directives, which are legislative instruments unless they are explicitly stated to apply to a specific person, aircraft, or aeronautical product (subsections 98(5B) and (5BA)). The ADs must comply with international standards and may incorporate other existing instruments, even if those instruments are not yet in force at the time of the AD's creation (subsection 98(5D)). Furthermore, CASA has the authority to repeal, rescind, revoke, amend, or vary any such instruments as per subsection 33(3) of the Acts Interpretation Act 1901. The ADs serve to ensure the continuing airworthiness of aircraft types, a responsibility that falls on the State of Design as per Annex 8 of the Convention on International Civil Aviation. Specifically, ADs are issued by the State of Design to address unsafe conditions and are mandated for compliance by the State of Registry, which is Australia in the context of CASA. For aircraft types on the Australian Register, CASA must assess relevant information from foreign States of Design and, if necessary, issue corresponding Australian ADs. This was the case with AD/A320/199, which was issued in 2007 to address unsafe conditions identified by French airworthiness directives and later amended in 2010 to include additional directives and aircraft models. AD/A320/199 Amdt 2, issued in response to industry requests, corrects a previous reference to a French airworthiness directive by replacing it with an equivalent United States Federal Aviation Administration (FAA) airworthiness directive. This amendment ensures that operators who have already complied with the French directive are not disadvantaged, as their actions are considered compliant with the FAA directive. This change reflects the FAA's status as the State of Design for the affected auxiliary power units (APU), thus aligning with international standards and practices. Under the Civil Aviation Safety Regulations 1998, entities subject to ADs must comply with the specified requirements to ensure the continuing airworthiness of the aircraft. This includes conducting necessary inspections, maintenance actions, and modifications as outlined in the ADs. CASA issues these directives to mandate specific actions to rectify unsafe conditions and to ensure that all aircraft remain airworthy and meet the necessary safety standards. Breaches of ADs can result in significant legal consequences. Operators found to be non-compliant with ADs may face enforcement actions, including fines, suspension, or revocation of airworthiness certificates. The maximum penalties for non-compliance can vary, but they are designed to enforce strict adherence to safety regulations. Under the Civil Aviation Act 1988, severe penalties, including substantial fines and imprisonment, can be imposed for failure to comply with airworthiness directives, underscoring the critical importance of adhering to these safety mandates.

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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.