CASA ADCX 002/23 - Repeal of Airworthiness Directive AD/A320/1

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Legislation au F2023L00123 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 002/23 — Repeal of Airworthiness Directive AD/A320/1 - Artus Transformer Rectifiers

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (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.

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. Regulation 39.001A of CASR, defines “airworthiness directive” to include foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

Repeal

This instrument repeals AD/A320/1 - Artus Transformer Rectifiers  (AD/A320/1), which applies to specified Airbus A320 series aeroplanes, because the requirements of AD/A320/1 have been cancelled by European Union Aviation Safety Agency (EASA) AD 2023-0019-CN issued on 20 January 2023 with an effective date of 20 January 2023.

Consultation

No public or other consultation has taken place on the repeal of AD/A320/1 because the requirements of AD/A320/1 have been cancelled by 2023-019-CN, which must be complied with from its effective date because it is a foreign State of Design AD. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any consultation under section 17 of the Legislation Act 2003 (LA).

 

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 (OBPR id. 14507).

Sunsetting

As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed in accordance with section 48A of the LA, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

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 and subsection 94 (1) of the Act.

The instrument commences on 21 February 2023.

[Instrument number CASA ADCX 002/23]


 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA ADCX 002/23 - Repeal of Airworthiness Directive
AD/A320/1 - Artus Transformer Rectifiers

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 purpose of this legislative instrument is to repeal an airworthiness directive (AD) that is no longer required as the requirements of the AD have been cancelled by European Union Aviation Safety Agency (EASA) AD 2023-0019-CN issued on 20 January 2023 with an effective date of 20 January 2023.

This AD relates to inspection and rectification or maintenance of specified aircraft or aeronautical products.

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, as amended by CASA ADCX 002/23, address the need to ensure that airworthiness directives (ADs) remain current and relevant in line with international standards and practices. This legislative instrument was introduced to repeal Airworthiness Directive AD/A320/1 - Artus Transformer Rectifiers, which had been rendered obsolete by a newer directive issued by the European Union Aviation Safety Agency (EASA). The repeal was enacted under the authority of the Civil Aviation Act 1988, with the Civil Aviation Safety Authority (CASA) acting as the relevant legislature. The policy objective of this repeal is to maintain the safety and airworthiness of aircraft in Australia by ensuring that all applicable directives are up-to-date and aligned with international safety standards. This repeal reflects the ongoing commitment to international cooperation in aviation safety and the need to efficiently manage regulatory requirements to avoid unnecessary burdens on operators.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 002/23, regulate the safety of civil aviation in Australia and apply to all persons and entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers. This legislative instrument specifically addresses the repeal of Airworthiness Directive AD/A320/1 concerning Artus Transformer Rectifiers for specified Airbus A320 series aeroplanes. The repeal is due to the directive being superseded by European Union Aviation Safety Agency (EASA) AD 2023-0019-CN, which became effective on 20 January 2023. CASA has determined that there is no need for further consultation or a Regulation Impact Statement as the requirements have been effectively addressed by the new directive. The repeal instrument is exempt from the sunsetting provisions under the Legislation Act 2003 but will be repealed in accordance with section 48A of the same Act. The legislative instrument is also compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) provide the framework under which airworthiness directives (ADs) are issued and enforced to ensure the continuing airworthiness of aircraft. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products, and regulation 39.001A includes foreign State of Design ADs issued on or after 1 October 2009, making them applicable to Australian aircraft. However, CASA has the discretion to grant exclusions or approve alternative means of compliance. This specific instrument repeals AD/A320/1, which concerned Artus Transformer Rectifiers in specified Airbus A320 series aeroplanes. This repeal is due to the requirements of AD/A320/1 being cancelled by the European Union Aviation Safety Agency (EASA) AD 2023-0019-CN, effective from 20 January 2023. Consequently, compliance with the new EASA directive is mandatory. CASA determined that no consultation was necessary under section 17 of the Legislation Act 2003, as the directive's cancellation rendered the AD obsolete. Entities governed by this Act, primarily aircraft operators and maintenance providers, must now comply with the EASA AD 2023-0019-CN instead of AD/A320/1. This shift in compliance requirements means they must adhere to the new inspection and maintenance protocols set forth by the EASA directive. CASA retains the authority to grant exclusions or approve alternative compliance methods, providing flexibility to address specific circumstances. Failure to comply with airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential criminal charges. The specific penalties are not detailed in the explanatory statement but are subject to the general provisions of the Civil Aviation Act, which can impose substantial financial penalties and imprisonment for serious violations. The Civil Aviation Safety Regulations 1998 also outline the enforcement mechanisms and the process for addressing non-compliance.

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Repeal & Amendment
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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.