AD/A320/82 Amdt 1 - Wing Rear Spar Pressurised Floor Pick-Up Angles

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

Legislation au F2017L00564 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/82 Amdt 1 — Wing Rear Spar Pressurised Floor Pick-Up Angles

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/A320/82 Amdt 1 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 97‑084‑097(B) affecting Airbus A320 series aeroplanes in 1997. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/82 to mandate the requirements of DGAC 97‑084‑097(B). As a result of a request from industry, CASA has issued AD/A320/82 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 Bulletins 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/A320/82 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/A320/82 Amdt 1 – Wing Rear Spar Pressurised Floor Pick-Up Angles

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 97‑084‑097(B) affecting Airbus A320 series aeroplanes in 1997. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/82 to mandate the requirements of DGAC AD 97‑084‑097(B). As a result of a request from industry, CASA has repealed and replaced AD/A320/82 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 ensure the safety of air navigation, providing a regulatory framework for the operation of civil aviation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. The AD/A320/82 Amdt 1, issued under section 98 of the Civil Aviation Act 1988, was introduced in response to a request from industry to clarify the applicability of an existing AD concerning the Airbus A320 series aircraft. This amendment aligns the Australian AD with the French Direction Générale de l'Aviation Civile (DGAC) AD 97‑084‑097(B), thereby ensuring consistency in safety requirements across jurisdictions. The policy objective is to maintain and enhance the safety of air navigation by ensuring that all relevant aircraft meet the necessary safety standards. The AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislation Act 2003, reflecting the importance of these regulations in protecting public safety within the aviation sector.

Scope and Application

The AD/A320/82 Amdt 1 issued under the Civil Aviation Safety Regulations 1998 is specifically targeted at ensuring the safety of Airbus A320 series aircraft within Australia. The Act, as authorised under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, with this AD being a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product. The directive applies to all Australian airlines and operators of Airbus A320 series aircraft, aligning with the requirements initially set by the French Direction Générale de l'Aviation Civile (DGAC). This AD does not require a Regulation Impact Statement or further consultation as it only clarifies existing arrangements without substantially altering them. The instrument was made by a delegate of CASA and commenced on 26 May 2017, reflecting a collaborative effort to ensure the continuing airworthiness of these aircraft in alignment with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 Amendment Instrument AD/A320/82 Amdt 1 (AD/A320/82 Amdt 1) pertains specifically to the Airbus A320 series aircraft. It was made under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of aviation safety. The instrument mandates the requirements of an airworthiness directive (AD) originally issued by the French Direction Générale de l'Aviation Civile (DGAC) in 1997. This AD/A320/82 Amdt 1 repeals and replaces the previous AD/A320/82 to align its applicability with the DGAC's original directive. The instrument aims to ensure the continuing airworthiness of Airbus A320 series aircraft operating in Australia by clarifying the scope and requirements of the AD. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives. This AD/A320/82 Amdt 1 imposes obligations on Australian operators of Airbus A320 series aircraft to comply with the specified requirements concerning the wing rear spar pressurised floor pick-up angles. Operators must ensure that their aircraft meet the technical specifications and maintenance standards set out in the AD to maintain airworthiness. This includes adhering to the detailed instructions provided in the Airbus Service Bulletins referenced in the AD. CASA mandates that all relevant information must be obtained from Airbus, and operators must be subscribed to receive these bulletins. Failure to comply with the AD/A320/82 Amdt 1 may result in serious safety implications, as it pertains to the structural integrity of the aircraft. The AD is a legislative instrument and non-compliance can lead to enforcement actions by CASA. Potential civil consequences include fines and legal proceedings against the operator or individual responsible for the breach. Additionally, CASA may impose administrative penalties or take corrective action against the aircraft to ensure compliance. The specific maximum penalties are not detailed in the AD, but they can include substantial fines under the Civil Aviation Act 1988 and associated regulations. This legislative instrument has been crafted to align with international standards and the requirements of the Convention on International Civil Aviation. It ensures that the continuing airworthiness of Airbus A320 series aircraft is maintained in accordance with the directives issued by the State of Design, France. A Statement of Compatibility with Human Rights is provided, confirming that the AD/A320/82 Amdt 1 does not engage any of the applicable rights or freedoms, thereby ensuring its compatibility with human rights.

Legal classification tags

Area of Law
Administrative Law
Civil Aviation Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.