AD/A320/64 Amdt 1 - Avionics Hatch 231 AF

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Legislation au F2017L00555 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/64 Amdt 1 — Avionics Hatch 231 AF

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/A320/64 Amdt 1 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 96‑011‑075(B) affecting Airbus A320 series aeroplanes in 1996. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/64 to mandate the requirements of DGAC AD 96‑011‑075(B). As a result of a request from industry, CASA has issued AD/A320/64 Amdt 1 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 Bulletin 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/A320/64 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/A320/64 Amdt 1 – Avionics Hatch 231 AF

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 96‑011‑075(B) affecting Airbus A320 series aeroplanes in 1996. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/64 to mandate the requirements of DGAC AD 96‑011‑075(B). As a result of a request from industry, CASA has repealed and replaced AD/A320/64 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 (CASR 1998) were enacted to provide for the safety of air navigation and to ensure the continuing airworthiness of aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for a kind of aircraft or aeronautical product. AD/A320/64 Amdt 1 is a legislative instrument issued by CASA in response to a request from industry to clarify the applicability of an existing AD related to the Airbus A320 series aircraft. The AD aims to align the Australian AD with the corresponding French AD issued by the Direction Générale de l'Aviation Civile (DGAC), which is the State of Design for the Airbus A320 series. This amendment does not substantially alter existing arrangements but provides clarity on the AD’s applicability. The instrument was made under the delegation of CASA’s power and commenced on 26 May 2017. A Statement of Compatibility with Human Rights has been prepared, confirming that the AD is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment Instrument, specifically AD/A320/64 Amdt 1 — Avionics Hatch 231 AF, pertains to the aviation industry and more specifically to the operation of Airbus A320 series aircraft in Australia. It was issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and its implementing regulations, to ensure the safety of air navigation. This amendment serves to clarify the applicability of the airworthiness directive (AD) concerning avionics hatch 231 AF, aligning it with the original directive issued by the French Direction Générale de l'Aviation Civile (DGAC) in 1996. The AD applies to all Australian operators of the Airbus A320 series aircraft, mandating compliance with the specified safety requirements. The regulation was issued in response to a request from industry and is considered a minor amendment that does not substantially alter existing arrangements. The AD does not require further consultation or a Regulation Impact Statement, as it is of a minor nature and does not engage any human rights issues, as confirmed by the Statement of Compatibility with Human Rights. The instrument was made under the authority delegated to CASA and commenced on 26 May 2017.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 Amendment (AD/A320/64 Amdt 1) pertain to the alignment of an existing airworthiness directive (AD) for Airbus A320 series aircraft. This AD amends the previous AD/A320/64 to ensure it reflects the scope and requirements of the French Direction Générale de l'Aviation Civile's (DGAC) original AD 96-011-075(B). The amendment focuses on clarifying the applicability of the AD, ensuring it aligns with the DGAC's directive, which was issued in 1996. This legislative instrument is made under section 98 of the Civil Aviation Act 1988, allowing the Governor-General to create regulations for the Act, particularly for air navigation safety. The AD imposes specific obligations on all parties and entities governed by it. These include Australian airlines and operators of Airbus A320 series aircraft, who must ensure compliance with the clarified AD. This entails adhering to the safety requirements set forth by the DGAC and subsequently adopted by CASA. Compliance also includes accessing and implementing any updates or service bulletins issued by Airbus in relation to the avionics hatch issue. Operators must ensure that these bulletins are received and appropriately actioned in accordance with the AD's requirements. Breach of the AD/A320/64 Amdt 1 can result in significant civil and criminal consequences. The AD is a legislative instrument and therefore carries the weight of law. Non-compliance could lead to enforcement actions by CASA, including fines, operational restrictions, or even grounding of the aircraft in question. Under the Civil Aviation Safety Regulations 1998, CASA can impose penalties for non-compliance, and in severe cases, this could include substantial fines or criminal charges. The exact penalties would depend on the severity and circumstances of the breach, but they are designed to ensure stringent adherence to safety standards. This legislative instrument underscores the critical importance of maintaining airworthiness standards to ensure public safety.

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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.