AD/A320/27 Amdt 1 - Nose Wheel Steering Control

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Legislation au F2013L01692 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/A320/27 Amdt 1 — Nose Wheel Steering Control

 

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/A320/27 Amdt 1 applies to the Airbus Industrie A320 Series aircraft.

 

The French Direction Générale de L'aviation Civile (DGAC) issued AD
91-227-025(B) affecting Airbus Industrie A320 series aeroplanes in 1991. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/27 to mandate the requirements of DGAC AD 91-227-025(B). As a result of a request from industry, CASA has amended AD/A320/27 to update the DGAC AD number referenced in this AD from 91-227-025(B) to a later revision, AD 91-227-025(B)R1 and to amend the applicability to include all Airbus A320 models. The amended AD, AD/A320/27 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/A320/27 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/A320/27 Amdt 1 – Nose Wheel Steering Control

 

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
91-227-025(B) affecting Airbus Industrie A320 series aeroplanes in 1991. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/27 to mandate the requirements of DGAC AD 91-227-025(B). As a result of a request from industry, CASA has amended AD/A320/27 to update the DGAC AD number referenced in this AD from 91-227-025(B) to a later revision, AD 91-227-025(B)R1 and to amend the applicability to include all Airbus A320 models. The amended AD, AD/A320/27 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, as amended by AD/A320/27 Amdt 1, address the need for updating and broadening the applicability of airworthiness directives for the Airbus A320 series aircraft. Enacted under the authority of the Civil Aviation Act 1988, this legislation empowers the Governor-General to issue regulations for the safety of air navigation, and permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. The policy objective is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The specific amendment responds to industry requests and mandates updated regulatory requirements issued by the French Direction Générale de L'aviation Civile, ensuring compliance with international standards and enhancing aviation safety.

Scope and Application

The AD/A320/27 Amdt 1 applies specifically to the Airbus Industrie A320 Series aircraft, encompassing all models within this series. The regulation is enacted under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further delegate this authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. This particular directive, which updates and replaces the previous AD/A320/27, mandates compliance with the latest revision of the French Direction Générale de L'aviation Civile (DGAC) AD 91-227-025(B)R1 for all A320 models registered in Australia. The directive, effective from 20 September 2013, is designed to ensure the continuing airworthiness of these aircraft, aligning with international standards as per Annex 8 to the Convention on International Civil Aviation. The amendment was made in response to industry requests, and no further public consultation was deemed necessary as it directly mirrors the requirements set by the State of Design. The legislative instrument is deemed compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The main operative sections of this legislation, AD/A320/27 Amdt 1, pertain to the amendment of an existing airworthiness directive (AD) concerning the Airbus Industrie A320 Series aircraft. This amendment is in response to a requirement from the industry, specifically an operator of the Airbus A320 series aircraft, and it updates the reference to a French airworthiness directive from AD 91-227-025(B) to AD 91-227-025(B)R1 and broadens the applicability to include all Airbus A320 models. The AD, which cancels and replaces the previous version, will become effective on 20 September 2013. The obligations imposed by this Act on the relevant parties include the adherence to the updated airworthiness directive by all operators of Airbus A320 aircraft. As the Civil Aviation Safety Authority (CASA) is the national airworthiness authority, it has the responsibility to assess and mandate the requirements set forth by the State of Design, which in this case is France. Operators of the Airbus A320 must ensure their aircraft comply with the updated AD, which mandates specific modifications or checks related to nose wheel steering control. These obligations are critical for maintaining the continuing airworthiness of the aircraft and ensuring safety in air navigation. In terms of consequences for non-compliance, the legislation does not explicitly detail specific offences or penalties within the provided text. However, generally under the Civil Aviation Safety Regulations 1998, failure to comply with an airworthiness directive can lead to civil or criminal penalties. Such penalties could include fines or, in severe cases, the grounding of the aircraft until compliance is achieved. The specific penalties would depend on the severity of the non-compliance and could be determined by CASA or relevant judicial authorities. The overarching intent is to ensure that all measures are taken to maintain the highest safety standards in air navigation.

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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.