AD/A320/24 Amdt 1 - Pitot Probe Hoses

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Legislation au F2013L01693 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/A320/24 Amdt 1 — Pitot Probe Hoses

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 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 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 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. AD/A320/24 Amdt 1 applies to the Airbus Industrie A320 Series aircraft.

 

The French Direction Générale de L'aviation Civile (DGAC) issued AD
91-227-021(B) affecting Airbus Industrie A320 series aeroplanes in 1991. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/24 to mandate the requirements of DGAC AD 91-227-021(B). As a result of a request from industry, CASA has amended AD/A320/24 to update the DGAC AD number referenced in this AD from 91-227-021(B) to a later revision, AD 91-227-021(B)R1 and to amend the applicability to include all Airbus A320 models without Service Bulletin A320-34-1024 R3 incorporated. There are no changes to the technical requirements of the AD. The amended AD, AD/A320/24 Amdt 1, will become effective on 20 September 2013. This AD cancels and replaces the previous issue.


Consultation

This amendment is being made at the request of industry, in particular an operator of the Airbus Industrie A320 series aircraft. As the AD amendment 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, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 20 September 2013.

 

The AD 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.

 

[Instrument number AD/A320/24 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/A320/24 Amdt 1 – Pitot Probe Hoses

 

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
91-227-021(B) affecting Airbus Industrie A320 series aeroplanes in 1991. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/24 to mandate the requirements of DGAC AD 91-227-021(B). As a result of a request from industry, CASA has amended AD/A320/24 to update the DGAC AD number referenced in this AD from 91-227-021(B) to a later revision, AD 91-227-021(B)R1 and to amend the applicability to include all Airbus A320 models without Service Bulletin A320-34-1024 R3 incorporated. There are no changes to the technical requirements of the AD. The amended AD, AD/A320/24 Amdt 1, will become effective on 20 September 2013. This AD cancels and replaces the previous issue.

 

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 under the Civil Aviation Act 1988 to ensure the safety of air navigation in Australia. The authority to make these regulations stems from section 98 of the Act, which allows the Governor-General to issue regulations in the interest of safety. Specifically, regulation 39.001 of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. The AD/A320/24 Amendment 1 targets Airbus Industrie A320 Series aircraft and updates the reference to a French airworthiness directive issued by the Direction Générale de L'aviation Civile (DGAC) in 1991. The amendment was made at the request of industry, specifically an operator of the A320 series aircraft, and no further consultation was deemed necessary as it aligns with CASA's responsibilities under Annex 8 to the Convention on International Civil Aviation. The AD/A320/24 Amdt 1 became effective on 20 September 2013, replacing the previous version. The legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The AD/A320/24 Amdt 1 applies to the Airbus Industrie A320 Series aircraft registered in Australia, specifically targeting all Airbus A320 models that have not incorporated Service Bulletin A320-34-1024 R3. This amendment is a legislative instrument issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it mandates compliance with the updated requirements specified in the French Direction Générale de L'aviation Civile's (DGAC) AD 91-227-021(B)R1. The instrument, which becomes effective on 20 September 2013, serves to ensure the continuing airworthiness of these aircraft as per the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The AD/A320/24 Amdt 1 was developed in response to a request from industry and is intended to align with the international standards set by the State of Design, thereby maintaining the safety standards of air navigation within Australia. The amendment does not alter the technical requirements previously set out in AD/A320/24, but it updates the referenced AD number and broadens the applicability to include more A320 models.

Key Provisions

The key provisions of AD/A320/24 Amdt 1 are outlined in the document, which pertains to the Airbus Industrie A320 Series aircraft. The amendment updates the French Direction Générale de L'aviation Civile (DGAC) AD number from 91-227-021(B) to 91-227-021(B)R1 and extends its applicability to include all Airbus A320 models without Service Bulletin A320-34-1024 R3 incorporated. The technical requirements of the AD remain unchanged. This amendment, made at the request of industry, is a response to an AD issued by the State of Design and aligns with CASA's responsibilities under Annex 8 to the Convention on International Civil Aviation. AD/A320/24 Amdt 1 will become effective on 20 September 2013 and replaces the previous issue. AD/A320/24 Amdt 1 imposes specific obligations on the entities it governs, primarily focusing on ensuring the continuing airworthiness of Airbus A320 aircraft. Operators and owners of the affected aircraft must comply with the updated AD, which mandates certain requirements to maintain the airworthiness of these aircraft. This includes updating the referenced DGAC AD number and ensuring compliance with the technical requirements specified in AD/A320/24 Amdt 1. The State of Registry, in this case, CASA, is responsible for issuing and enforcing these airworthiness directives to ensure the safety of air navigation. There are no explicit offences, penalties, or civil/criminal consequences outlined in the document for breach of AD/A320/24 Amdt 1. However, non-compliance with airworthiness directives issued by CASA can lead to serious consequences, including the potential grounding of aircraft, enforcement actions, and penalties under the Civil Aviation Act 1988 and other relevant legislation. The Civil Aviation Safety Authority has the authority to take necessary actions to enforce compliance and ensure the safety of air navigation. While the document does not detail specific penalties, non-compliance can result in significant legal and operational repercussions for the affected parties. The legislative instrument, AD/A320/24 Amdt 1, has been assessed for compatibility with human rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights, attached to the document, concludes that the legislative instrument does not engage any of the applicable rights or freedoms and is therefore compatible with human rights. This assessment ensures that the amendment does not infringe upon any human rights and freedoms recognised or declared in the international instruments listed in the Act. The instrument's compatibility with human rights further underscores its alignment with international safety standards and regulatory frameworks.

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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.