AD/A320/7 Amdt 1 - Standby Generator Control Unit (GCU)

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Legislation au F2013L01929 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/A320/7 Amdt 1 — Standby Generator Control Unit (GCU)

 

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/A320/7 Amdt 1 applies to the Airbus Industrie A320 Series aircraft.

 

The French Direction Générale de l’Aviation Civile (DGAC) issued
AD 89-198-004(B) affecting Airbus Industrie A320 series aeroplanes in 1989. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/7 to mandate the requirements of DGAC AD 89-198-004(B). As a result of a request from industry, CASA has issued AD/A320/7 Amdt 1 to update the DGAC AD number referenced in this AD from AD 89-198-004(B) to a later revision,
AD 89-198-004(B)R1, and to amend the applicability to include all Airbus A320 models. There are no changes to the technical requirements of the AD. 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 the Airbus Industrie A320 series aircraft. As the AD 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, 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 15 November 2013.

[Instrument number AD/A320/7 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/A320/7 Amdt 1 — Standby Generator Control Unit (GCU)

 

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 airworthiness directive (AD) 89-198-004(B) affecting Airbus Industrie A320 series aeroplanes in 1989. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/7 to mandate the requirements of DGAC AD 89-198-004(B). The DGAC subsequently replaced AD 89-198-004(B) with AD 89-198-004(B)R1. As a result of a request from industry, CASA has repealed and replaced AD/A320/7 to update the DGAC AD number referenced and to amend the applicability to include all Airbus A320 models. There are no changes to the technical requirements of the AD.

 

The primary purpose of this legislative instrument is to update the AD to reflect the current DGAC 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), amended by AD/A320/7 Amdt 1, were enacted under the Civil Aviation Act 1988 to ensure the safety of air navigation in Australia. This amendment responds to the need for updating the referenced airworthiness directive (AD) for Airbus A320 series aircraft, ensuring that the regulations align with the most current safety standards set by the State of Design, France. The Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, issued this amendment following a request from industry to update the referenced AD number and expand its applicability to all Airbus A320 models. This legislative instrument does not alter the technical requirements but ensures regulatory consistency and compliance with international safety standards. The instrument was made by a delegate of CASA under the authority conferred by the Civil Aviation Act 1988 and the CASR 1998. It commenced on 15 November 2013, reflecting CASA's commitment to maintaining the highest standards of airworthiness for aircraft operating in Australia. The legislative instrument is also compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights.

Scope and Application

The AD/A320/7 Amdt 1 pertains specifically to the Airbus Industrie A320 Series aircraft, which includes all models within this category. Issued under the Civil Aviation Safety Regulations 1998, it applies to any aircraft operator who possesses or intends to use an Airbus A320 within Australian jurisdiction. The AD aims to ensure the continuing airworthiness of these aircraft by updating the reference to a more recent airworthiness directive issued by the French Direction Générale de l'Aviation Civile (DGAC). The amendment updates the referenced DGAC AD number from AD 89-198-004(B) to AD 89-198-004(B)R1 and extends the applicability to all Airbus A320 models, without altering the technical requirements of the original directive. This legislative instrument is made under the authority granted by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it is effective from 15 November 2013. While it does not necessitate a Regulation Impact Statement or further consultation due to its nature and the existing agreements, it is accompanied by a Statement of Compatibility with Human Rights, affirming its alignment with international human rights standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and under these regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) (reg 39.001). The AD/A320/7 Amdt 1 is an amendment to an existing AD that affects the Airbus Industrie A320 Series aircraft. It updates the reference to a newer revision of a French airworthiness directive issued by the Direction Générale de l'Aviation Civile (DGAC) and expands its applicability to include all Airbus A320 models (paras [1]-[2]). This AD is a legislative instrument, and it operates under the authority conferred by section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations for air navigation safety (s 98). The AD/A320/7 Amdt 1 imposes specific obligations on the parties and entities it governs. Operators and owners of Airbus A320 aircraft must comply with the updated AD, which includes adhering to the technical requirements specified in the newer revision of the DGAC AD 89-198-004(B)R1. This compliance is necessary to maintain the airworthiness of the aircraft, ensuring that all safety standards are met (paras [1], [3]-[4]). CASA, as the national airworthiness authority, is responsible for monitoring and ensuring adherence to these directives. Failure to comply with the AD/A320/7 Amdt 1 can lead to serious consequences. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives generally can result in civil or criminal penalties, including fines and potential grounding of the aircraft. The exact penalties would depend on the severity of the non-compliance and the discretion of the relevant authorities (para [1]). The AD is issued under the authority of the Civil Aviation Act 1988 and the CASR 1998, and breaches of these regulations can attract the penalties prescribed therein. CASA's decision not to undertake further consultation for this AD is based on the requirement under the Legislative Instruments Act 2003, which deems additional consultation unnecessary as the AD responds to an existing directive from the State of Design and aligns with CASA's responsibilities under Annex 8 to the Convention on International Civil Aviation (para [7]). Furthermore, this AD is considered compatible with human rights as it does not engage any of the applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights (para [10]). The instrument is made under the delegation of authority provided in the CASR 1998 and the Civil Aviation Act 1988, and it comes into effect on 15 November 2013 (para [11]).

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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.