Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/ATR 42/1 Amdt 1 — State of Design Airworthiness Directives

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.

Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

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/ATR 42/1 Amdt 1 applies to ATR 42 series aeroplanes.

The Direction Générale de l’Aviation Civile of France (DGAC) issued AD F-2002-431 Flight controls – Pitch control interference and AD F-2004-191 Wings – Outer wing boxes – Upper skins and ribs affecting ATR-GIE Avions de Transport Regional ATR 42 Series aeroplanes. CASA subsequently issued AD/ATR 42/1 to mandate the requirements of State of Design Airworthiness Directives that included DGAC F-AD 2002-431 and AD F-2004-191.

The European Union Aviation Safety Agency (EASA) is now the State of Design for this aircraft type. EASA issued EASA AD 2026-0094 which revoked DGAC France AD F-2002-431. EASA also issued EASA AD 2017-0244 which revoked DGAC France AD F-2004-191. The EASA ADs are foreign State of Design ADs and are automatically adopted by CASA under Part 39 of CASR.

CASA has therefore issued AD/ATR 42/1 Amdt 1 to remove AD F-2002-431 and AD F-2004-191 from the list of mandated DGAC ADs in Table 1, and to note that those ADs have been superseded by EASA ADs.

This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

Under subsection 14 (2) of the Legislation Act 2003 (the LA), unless the contrary intention appears, a legislative instrument may not incorporate any matter contained in an instrument or other writing as existing from time to time. Subsection 98 (5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

For subsection 98 (5D) of the Act, all the DGAC ADs listed in Table 1 of the instrument, and the EASA ADs listed in Table 2 of the instrument, are incorporated by reference as existing at their issue date as listed in the applicable table.

The DGAC ADs and the EASA ADs are freely available on the EASA website at: <https://ad.easa.europa.eu/>. On request, if a person cannot locate the document online, CASA will make any reference document available to any aircraft operator who is affected by the instrument, or to any interested person.

Consultation

No public or other consultation has taken place on the repeal of AD/ATR 42/1 and issue of AD/ATR 42/1 Amdt 1, because the requirements of DGAC AD F-2002-431 have been superseded by EASA AD 2026-0094 and the requirements of DGAC AD F-2004-191 have been superseded by EASA AD 2017-0244 which now must be complied with 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.

Sector risk, economic and cost impact

Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government.

CASA has assessed that the economic and cost impact of the instrument is not significant. The requirements of the instrument apply to holders of certificates of registration of relevant aircraft.

Impact on categories of operations

The instrument is likely to have minimal impact on operations conducted by the relevant aircraft because this AD is in substantially the same terms as the initial AD, other than removing reference to 2 DGAC ADs that have been superseded by State of Design ADs, which are automatically adopted by CASA under Part 39 of CASR.

Impact on regional and remote communities

The instrument will not have a negative impact on regional and remote communities.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required because ADs are covered by a carve out by the Office of Impact Analysis under which an IA is not required for Australian or foreign airworthiness directives (OIA23-06244).

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). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.

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 18 June 2026.

Attachment 1

Statement of Compatibility with Human Rights

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

AD/ATR 42/1 Amdt 1 — State of Design Airworthiness Directives

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 and reissue an Australian airworthiness directive to address the fact that 2 airworthiness directives (ADs) issued by the Direction Générale de l’Aviation Civile of France (DGAC) that it mandated have been superseded by EASA ADs. The EASA ADs are foreign State of Design ADs and are automatically adopted by CASA under Part 39 of CASR.

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