AD/A320/85 Amdt 1 - Probe Heat Computer

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

Legislation au F2017L00562 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/A320/85 Amdt 1 — Probe Heat Computer

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/A320/85 Amdt 1 applies to the Airbus A320 Series aircraft.

The French Direction Générale de l'Aviation Civile (DGAC) issued AD 97‑203‑102(B) affecting Airbus A320 series aeroplanes in 1997. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/85 to mandate the requirements of DGAC AD 97‑203‑102(B). As a result of a request from industry, CASA has issued AD/A320/85 Amdt 1 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD and updating the DGAC AD reference to the latest revision. 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 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 and updating a document reference to the latest revision, 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/A320/85 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/A320/85 Amdt 1 – Probe Heat Computer

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 97‑203‑102(B) affecting Airbus A320 series aeroplanes in 1997. France is the State of Design for this aircraft type. CASA subsequently issued AD/A320/85 to mandate the requirements of DGAC AD 97‑203‑102(B). As a result of a request from industry, CASA has repealed and replaced AD/A320/85 to clarify the applicability of the AD by aligning it with the applicability of the DGAC AD and updating the DGAC AD reference to the latest revision.

The primary purpose of this legislative instrument is to clarify the applicability of the AD and update a document reference to the latest revision.

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 in Australia. They were established under the Civil Aviation Act 1988 and empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. These regulations address the need for consistent and enforceable safety standards in the aviation industry, ensuring that aircraft and aeronautical products meet the necessary safety requirements. The AD/A320/85 Amendment 1 is a legislative instrument made by CASA to clarify the applicability of an existing AD concerning the Airbus A320 series aircraft and to update the relevant document reference. This amendment was made in response to a request from industry, particularly an operator of the Airbus A320 series aircraft, and does not require further consultation or a Regulation Impact Statement as it does not substantially alter existing arrangements. The amendment is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The AD/A320/85 Amdt 1 applies to the Airbus A320 series aircraft, a subset of aircraft types registered in Australia. This amendment was made in response to a request from industry and serves to clarify the applicability of the existing AD/A320/85, which was initially issued to mandate the requirements of the French Direction Générale de l'Aviation Civile (DGAC) AD 97-203-102(B). By aligning the AD with the DGAC AD and updating the reference to the latest revision, AD/A320/85 Amdt 1 aims to ensure that all operators of A320 aircraft in Australia comply with the latest safety requirements. This amendment is a legislative instrument under section 98 of the Civil Aviation Act 1988 and is made pursuant to the powers under the Civil Aviation Safety Regulations 1998. It does not require a Regulation Impact Statement or further consultation as it does not substantially alter existing arrangements. The amendment commenced on 26 May 2017 and aligns with international standards as set out in Annex 8 to the Convention on International Civil Aviation, ensuring that the continuing airworthiness of A320 aircraft is maintained at an internationally recognised level.

Key Provisions

The key operative sections of AD/A320/85 Amdt 1, as referenced in the explanatory statement, include section 98 of the Civil Aviation Act 1988 (the Act), which empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft or aeronautical products. This AD is a legislative instrument, as it mandates requirements derived from the French Direction Générale de l'Aviation Civile (DGAC) AD 97‑203‑102(B), which concerns the Airbus A320 series aircraft. This AD imposes specific obligations on the parties it governs, primarily on Australian airlines and operators of the Airbus A320 series aircraft. These entities must adhere to the requirements outlined in AD/A320/85 Amdt 1, which aligns with and updates the DGAC AD. This includes ensuring compliance with the updated document reference and adhering to the clarified applicability of the AD. The AD also ensures that any necessary documentation, such as the Airbus Service Bulletin, is obtained and maintained by the relevant parties. There are no specific offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breach of AD/A320/85 Amdt 1. However, failure to comply with airworthiness directives in general can lead to serious consequences under the Civil Aviation Act 1988. These can include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act that are contravened. The precise penalties for non-compliance would be determined by the relevant courts and are not detailed in the explanatory statement. The legislative instrument also clarifies that the AD is compatible with human rights, as it does not engage any of the applicable rights or freedoms. A Statement of Compatibility with Human Rights is provided as Attachment 1, affirming that the AD does not raise any human rights issues and is therefore compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This statement further supports the compliance and legitimacy of the AD within the legal framework.

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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.