AD/A320/43 Amdt 3 - Passenger Doors 1 and 4

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

Legislation au F2017L00578 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/43 Amdt 3 — Passenger Doors 1 and 4

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/A320/43 Amdt 3 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 95‑004‑062(B)R1 affecting Airbus A320 series aeroplanes in 1995. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/43 Amdt 2 to mandate the requirements of DGAC AD 95‑004‑062(B)R1. As a result of a request from industry, CASA has issued AD/A320/43 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 is provided with these documents by Airbus by subscription.

 

Consultation

This AD is being made at the request of industry, in particular 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 26 May 2017.

[Instrument number AD/A320/43 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/A320/43 Amdt 3 – Passenger Doors 1 and 4

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 95‑004‑062(B)R1 affecting Airbus A320 series aeroplanes in 1995. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/43 Amdt 2 to mandate the requirements of DGAC AD 95‑004‑062(B)R1. As a result of a request from industry, CASA has repealed and replaced AD/A320/43 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 provide a regulatory framework for ensuring the safety of air navigation in Australia. This legislation allows the Governor-General to make regulations for the Civil Aviation Act 1988, specifically to ensure air navigation safety. The Australian Civil Aviation Safety Authority (CASA) is empowered under these regulations to issue airworthiness directives (AD) for aircraft and aeronautical products. AD/A320/43 Amendment 3, issued by CASA, serves to clarify the applicability of a previously issued AD concerning the Airbus A320 series aircraft, responding to a request from industry for better alignment with the original directive issued by the French Direction Générale de l'Aviation Civile (DGAC). The AD aims to ensure the continuing airworthiness of these aircraft in accordance with international standards set by the Convention on International Civil Aviation.

Scope and Application

The AD/A320/43 Amdt 3, a legislative instrument made under the Civil Aviation Act 1988, applies specifically to the Airbus A320 series aircraft, which are registered in Australia. The AD was issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, following a request from the industry to clarify the applicability of the original airworthiness directive issued by France’s Direction Générale de l'Aviation Civile (DGAC) in 1995. The AD/A320/43 Amdt 3 aligns with the DGAC AD 95‑004‑062(B)R1, addressing concerns about the safety of passenger doors 1 and 4 on the Airbus A320 series aircraft. The AD is a legislative instrument under the Civil Aviation Act 1988 and is aimed at ensuring the continuing airworthiness of the aircraft within the Australian jurisdiction. The AD applies to all Australian operators of the Airbus A320 series, mandating specific safety measures regarding passenger doors. The AD does not require further consultation or a Regulation Impact Statement, as it is considered a minor amendment that does not substantially alter existing arrangements. This AD is consistent with human rights, as confirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, which includes issuing airworthiness directives (AD) through regulation 39.001 of the CASR 1998. AD/A320/43 Amdt 3, issued by the Civil Aviation Safety Authority (CASA), is a legislative instrument aimed at clarifying the applicability of the AD for Airbus A320 series aircraft. This AD aligns with the AD issued by the French Direction Générale de l'Aviation Civile (DGAC), which originally affected Airbus A320 series aeroplanes in 1995. The AD is a response to a request from industry to clarify the applicability of previous ADs, specifically AD/A320/43 Amdt 2, which mandated the requirements of the DGAC AD. The AD imposes specific obligations on parties and entities involved with Airbus A320 series aircraft. Operators of these aircraft must ensure compliance with the AD by adhering to the requirements set forth, which include aligning the applicability of the AD with the DGAC AD. Operators are expected to obtain and follow the Airbus Service Bulletins and the Airbus All operators telex, which are provided by Airbus to subscribing Australian airlines or operators. These documents outline the necessary actions and modifications required to maintain airworthiness in accordance with the AD. There are no specific offences or penalties mentioned for non-compliance with AD/A320/43 Amdt 3, but non-compliance with ADs generally can lead to serious consequences. ADs are mandatory, and failure to comply can result in the grounding of the aircraft, enforcement actions by CASA, and potential criminal charges if the non-compliance leads to an unsafe condition. The potential penalties for non-compliance can include substantial fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA, as the national airworthiness authority, has the responsibility to ensure that all aircraft meet the required safety standards. The AD is designed to ensure that the Airbus A320 series aircraft continue to meet these standards by clarifying the applicability of previous safety directives. This legislative instrument is part of a broader framework that includes consultation with industry and adherence to international standards, ensuring that Australian aviation remains safe and compliant with global safety requirements.

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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.