CASA ADCX 004/22 - Repeal of Airworthiness Directive AD/A320/20

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Legislation au F2022L01106 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 004/22 - Repeal of Airworthiness Directive
CASA AD/A320/20 - Overwing Escape Slide

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/A320/20 - Overwing Escape Slide (AD/A320/20), which applied to Airbus A320 Series Aeroplanes. The repeal is being made because the requirements of AD/A320/20 have been cancelled by European Aviation Safety Authority (EASA) AD 2022-0160-CN issued on 4 August 2022 with an effective date of 4 August 2022.

Consultation

No public or other consultation has taken place on the repeal of AD/A320/20 because the requirements of AD/A320/20 have been cancelled by EASA AD 2022-0160-CN. 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.

 

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).

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 22 August 2022.

[Instrument number CASA ADCX 004/22]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 004/22 - Repeal of Airworthiness Directive
CASA AD/A320/20 - Overwing Escape Slide

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 airworthiness directive AD/A320/20 (AD) because it is no longer required as the requirements of the AD have been cancelled by European Aviation Safety Authority (EASA) AD 2022-160-CN issued on 5 May 2022 with an effective date of 4 August 2022.

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 were enacted to ensure the safety of civil aviation in Australia, aligning with international standards and conventions, particularly the Convention on International Civil Aviation. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. The repeal of the AD/A320/20 - Overwing Escape Slide, enacted by CASA under the authority granted by the Civil Aviation Act 1988, addresses the issue of outdated or superseded safety directives. The repeal was deemed necessary as the requirements of AD/A320/20 have been cancelled by the European Aviation Safety Agency's AD 2022-0160-CN. This legislative action aims to streamline and update the regulatory framework to ensure it remains effective and relevant to current safety standards. The repeal process was conducted without public consultation as the directive was superseded, and a Regulation Impact Statement was not required due to a standing agreement between CASA and the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA ADCX 004/22, govern the airworthiness of aircraft and aeronautical products registered in Australia, ensuring compliance with international safety standards. This regulation applies to all aircraft registered in Australia, their operators, and any person or entity involved in their maintenance, operation, or production. The repeal of AD/A320/20 concerning overwing escape slides on Airbus A320 Series Aeroplanes reflects the authority of the Civil Aviation Safety Authority (CASA) to adapt to international safety directives, such as those issued by the European Aviation Safety Agency (EASA). The repeal is effective as of 22 August 2022, and it responds to EASA AD 2022-0160-CN, which cancelled the requirements of AD/A320/20, thereby rendering the Australian directive obsolete. The scope of the repeal is limited to the specified aircraft model and related aeronautical products, and it does not extend to other aircraft types or unrelated safety directives. This repeal exemplifies the regulatory mechanism where CASA can adapt to and implement international safety standards, ensuring the continued safety of Australian-registered aircraft without the need for extensive consultation or a Regulation Impact Statement, given the international alignment in safety directives.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) contain various operative sections that provide the legal framework for airworthiness directives. Specifically, section 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. Section 39.001A of the CASR defines "airworthiness directive" to include foreign State of Design ADs issued on or after 1 October 2009. The repeal of AD/A320/20, which applied to Airbus A320 Series Aeroplanes, is detailed under section 39.001A and the repeal instrument CASA ADCX 004/22. This repeal is due to the European Aviation Safety Agency (EASA) issuing AD 2022-0160-CN, which cancelled the requirements of AD/A320/20. The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties and entities it governs are primarily concerned with ensuring the continuing airworthiness of aircraft. CASA, as the regulatory body, must issue airworthiness directives to maintain safety standards, and the State of Registry is responsible for ensuring the airworthiness of individual aircraft. When foreign State of Design ADs are issued, CASA may grant exclusions or approve alternative means of compliance. The repeal of AD/A320/20 removes the specific requirements previously mandated for Airbus A320 Series Aeroplanes, aligning with the new EASA directive. In terms of offences, penalties, or civil/criminal consequences for breach, the Civil Aviation Safety Regulations 1998 do not specify particular penalties for failing to comply with airworthiness directives within the text provided. However, non-compliance with airworthiness directives can lead to severe consequences, including grounding of aircraft, enforcement actions by CASA, and potential civil or criminal penalties under the Civil Aviation Act 1988. The exact penalties would depend on the nature and severity of the non-compliance, but they can include substantial fines and, in severe cases, imprisonment.

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Environmental Law
Aviation Law
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Definitions & Interpretation
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.