AD/A320/70 Amdt 1 - Landing Gear Retraction Control Circuit

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Legislation au F2017L00566 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/70 Amdt 1 — Landing Gear Retraction Control Circuit

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/A320/70 Amdt 1 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 96‑187‑085(B) affecting Airbus A320 series aeroplanes in 1996. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/70 to mandate the requirements of DGAC AD 96‑187‑085(B). As a result of a request from industry, CASA has issued AD/A320/70 Amdt 1 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD and to update the Airbus Service Bulletin and DGAC AD references to the latest revisions. 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 this document 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 and updating the revision status of referenced documents, 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/A320/70 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/A320/70 Amdt 1 – Landing Gear Retraction Control Circuit

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 96‑187‑085(B) affecting Airbus A320 series aeroplanes in 1996. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/70 to mandate the requirements of DGAC AD 96‑187‑085(B). As a result of a request from industry, CASA has repealed and replaced AD/A320/70 to clarify the applicability of the AD and update the revision status of referenced documents.

The primary purpose of this legislative instrument is to clarify the applicability of the AD and update the revision status of referenced documents.

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, enacted by the Australian Government, were introduced to ensure the safety of air navigation across Australia. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for this purpose, and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). This legislative instrument, AD/A320/70 Amdt 1, addresses a specific issue related to the landing gear retraction control circuit of Airbus A320 series aircraft. CASA issued this amendment at the request of an operator, aiming to clarify the applicability of the airworthiness directive and update the revision status of referenced documents. The policy objective is to maintain the continuing airworthiness of aircraft in the Australian Register, ensuring they meet international safety standards as set by the Convention on International Civil Aviation.

Scope and Application

The AD/A320/70 Amdt 1 applies specifically to the Airbus A320 Series aircraft, ensuring compliance with the safety regulations set forth under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislative instrument was developed in response to an industry request to clarify the applicability of the original AD/A320/70, which was issued by the Civil Aviation Safety Authority (CASA) to mandate the requirements of the French Direction Générale de l'Aviation Civile (DGAC) AD 96‑187‑085(B). The AD/A320/70 Amdt 1 seeks to align the AD with the DGAC AD and update the revision status of the referenced Airbus Service Bulletin and DGAC AD. The instrument applies nationally across Australia and is a legislative instrument under section 98 of the Civil Aviation Act 1988. It does not require further consultation under section 17 of the Legislation Act 2003 as it is deemed a minor amendment. The AD/A320/70 Amdt 1 does not substantially alter existing arrangements and is compatible with human rights, as it does not engage any of the applicable rights or freedoms. The instrument was made by a delegate of CASA under the power of delegation and commenced on 26 May 2017.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Regulation 39.001 of the CASR 1998 specifically allows CASA to issue these directives to ensure the continuing airworthiness of aircraft. AD/A320/70 Amdt 1 pertains to the Airbus A320 Series aircraft and was issued to align and clarify the applicability of the AD concerning the landing gear retraction control circuit. This amendment was prompted by a request from an operator of the Airbus A320 series aircraft and serves to update the references to the latest revisions of the Airbus Service Bulletin and the French Direction Générale de l'Aviation Civile (DGAC) AD. Under this legislative instrument, operators and owners of Airbus A320 aircraft must ensure compliance with the updated AD. This includes adhering to the requirements outlined in the AD for the landing gear retraction control circuit, which are intended to maintain the safety and airworthiness of the aircraft. Operators must keep abreast of the latest revisions and updates to the referenced documents, specifically the Airbus Service Bulletin and the DGAC AD, to ensure that they meet the safety standards mandated by CASA. Breach of the requirements set out in AD/A320/70 Amdt 1 can result in serious consequences. Operators who fail to comply with the AD may face enforcement actions from CASA, which can include fines or other penalties. The maximum penalties for non-compliance are not explicitly stated in the provided text, but they typically include fines up to several thousand Australian dollars, depending on the severity of the breach and the impact on safety. In cases where non-compliance results in accidents or incidents, the penalties can be more severe, potentially involving criminal charges against the responsible parties. The AD also imposes a requirement on CASA to ensure that the AD aligns with international standards and best practices. This includes the obligation to consult with industry stakeholders and to issue a Statement of Compatibility with Human Rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. The AD/A320/70 Amdt 1 has been deemed compatible with human rights, as it does not engage any of the applicable rights or freedoms. However, failure to comply with the AD could indirectly affect human rights by compromising the safety of air navigation and potentially leading to accidents.

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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.