AD/A320/36 Amdt 3 - Passenger Door Lower Connection Link Bushes

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

Legislation au F2017L00410 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/36 Amdt 3 — Passenger Door Lower Connection Link Bushes

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/A320/36 Amdt 3 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 93‑207‑048(B)R1 affecting Airbus A320 series aeroplanes in 1994. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/36 Amdt 2 to mandate the requirements of DGAC AD 93-207-048(B)R1. CASA has issued AD/A320/36 Amdt 3 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD. This AD repeals and replaces the previous AD on this subject.

 

The Airbus Service Bulletins and the Airbus All operators telex referred to in the AD can be obtained from Airbus, however, any Australian airline or operator which operates the A320 aircraft are provided with these documents by Airbus by subscription.

 

Consultation

This AD is being made at the request of an operator of the Airbus A320 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying the applicability of the 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.

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 20 April 2017.

[Instrument number AD/A320/36 Amdt 3]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/A320/36 Amdt 3 – Passenger Door Lower Connection Link Bushes

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 93‑207‑048(B)R1 affecting Airbus A320 series aeroplanes in 1994. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/36 Amdt 2 to mandate the requirements of DGAC AD 93-207-048(B)R1. As a result of a request from industry, CASA has repealed and replaced AD/A320/36 Amdt 2 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD.

The primary purpose of this legislative instrument is to clarify the applicability of the 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 ensure the safety of air navigation in Australia, with the Civil Aviation Act 1988 providing the legislative framework. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) that mandate safety requirements for aircraft types. One such amendment, AD/A320/36 Amdt 3, addresses the passenger door lower connection link bushes on Airbus A320 Series aircraft, issued under the authority of section 98 of the Civil Aviation Act 1988. The amendment, made by CASA, aims to clarify the applicability of the AD, aligning it with the original directive issued by the French Direction Générale de l'Aviation Civile (DGAC). This legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms, and it does not require a Regulation Impact Statement or further consultation beyond the scope of its minor nature and clarification intent.

Scope and Application

The AD/A320/36 Amdt 3 pertains to the Airbus A320 Series aircraft and mandates specific safety measures related to the passenger door lower connection link bushes. This legislative instrument applies to all aircraft operators within Australia who are in possession of an A320 series aircraft and must comply with the new standards outlined in the AD. The AD is issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA, as Australia's national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and this AD is one of the mechanisms used to enforce those standards. The AD derives its authority from an original directive issued by the French Direction Générale de l'Aviation Civile (DGAC) in 1994, which CASA has adapted and mandated for Australian operators. The AD is a legislative instrument under section 98 of the Civil Aviation Act 1988, and its issuance does not require a Regulation Impact Statement or further consultation under section 17 of the Legislation Act 2003, given its minor nature and alignment with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are essentially legislative instruments aimed at ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. AD/A320/36 Amdt 3 is a specific amendment to an existing directive concerning the Airbus A320 series aircraft, specifically addressing the passenger door lower connection link bushes. This amendment aims to clarify the applicability of the AD by aligning it with the French Direction Générale de l'Aviation Civile's (DGAC) original directive, AD 93-207-048(B)R1, issued in 1994. The AD applies to all Airbus A320 series aircraft registered in Australia. The AD imposes several obligations on the operators of Airbus A320 series aircraft in Australia. These operators must ensure that the passenger door lower connection link bushes are inspected, repaired, or replaced as specified in the AD. Operators are required to comply with the service bulletins and other technical directives issued by Airbus, which include detailed instructions and specifications for the maintenance work. Additionally, operators must ensure that all maintenance actions are logged and that records are kept in accordance with the relevant regulations. This includes maintaining accurate and complete records of all inspections, repairs, and replacements performed on the affected aircraft components. Failure to comply with the AD/A320/36 Amdt 3 may result in significant consequences. Non-compliance with airworthiness directives is a serious matter under the Civil Aviation Act 1988. The Act provides for both civil and criminal penalties for violations. Civil penalties can include fines up to a maximum of 5,000 penalty units (currently equivalent to AUD 1,025,000) for corporations and 1,000 penalty units (AUD 205,000) for individuals. Criminal penalties may also be imposed, with fines of up to 10,000 penalty units (AUD 2,050,000) for corporations and 2,000 penalty units (AUD 410,000) for individuals. Additionally, directors or officers of corporations found guilty of breaches may face imprisonment for up to five years. These severe penalties underscore the importance of strict compliance with airworthiness directives to ensure the safety and airworthiness of aircraft.

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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.