Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/A320/27 Amdt 2 — 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 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/A320/27 Amdt 2 applies to the Airbus Industrie A320 Series aircraft. France is the State of Design for this aircraft type.
The French Direction Générale de l'Aviation Civile (DGAC) issued
AD 92-117-025(B) affecting Airbus Industrie A320 series aeroplanes in 1992 and replaced it with AD 92-117-025(B)R1 in 1993. CASA subsequently issued AD/A320/27 to mandate the requirements of DGAC AD 92-117-025(B). As a result of a request from industry, CASA revoked AD/A320/27 and issued AD/A320/27Amdt 1 to update the referenced DGAC AD number from
AD 92-117-025(B) to the later revision, AD 92-117-025(B)R1, and to amend the applicability to include all Airbus A320 models. It was brought to CASA’s attention that AD/A320/27Amdt 1 contained a typographical error with the DGAC AD number incorrectly being recorded as 91-117-025(B)R1. Consequently, CASA has issued AD/A320/27 Amdt 2 to correct the DGAC AD number from 91-117-025(B)R1 to
92-117-025(B)R1. 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 Airbus A320 aeroplanes. The AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a typographical error in the DGAC AD number referenced. For this reason, 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 29 October 2013.
[Instrument number AD/A320/27 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/A320/27 Amdt 2 — 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
CASA issued an airworthiness directive (AD), AD/A320/27 Amdt 1, which required compliance with a French Direction Générale de l’Aviation Civile (DGAC) AD affecting Airbus Industrie A320 series aeroplanes. France is the State of Design for this aircraft type. AD/A320/27 Amdt 1 contained an incorrect reference to the relevant DGAC AD number. Consequently, CASA has made this legislative instrument to repeal AD/A320/27 Amdt 1 and issue AD/A320/27 Amdt 2 to correct the DGAC AD number.
The primary purpose of this legislative instrument is to correct a reference to the DGAC AD number. The AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a typographical error in the DGAC AD number referenced.
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