CASA ADCX 03/24 - Repeal of Airworthiness Directive AD/ARRIUS/9

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Legislation au F2024L00853 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 003/24 — Repeal of Airworthiness Directive AD/ARRIUS/9 - Correct Position of Adjusted FCU Fuel Filter

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.

Background

The European Aviation Safety Agency (EASA) has revoked French Direction Générale de l'aviation Civile (DGAC) AD F-2005-088 by issuing EASA AD 2024‑0115-CN which is automatically adopted by CASA under Part 39 of CASR.

Repeal

This instrument repeals AD/ARRIUS/9 - Correct Position of Adjusted FCU Fuel Filter (AD/ARRIUS/9), which applies to specified Safran Arrius 2F series turbine engines, because the requirements of AD/ARRIUS/9 have been cancelled by EASA AD 2024-0115-CN issued on 21 June 2024 with an effective date of 21 June 2024.

Consultation

No public or other consultation has taken place on the repeal of AD/ARRIUS/9 because the requirements of AD/ARRIUS/9 have been cancelled by EASA AD 2024‑0115-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).

 

Office of Impact Analysis (OIA)

An Impact Analysis (IA) 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 IAs (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 5 July 2024.

 

 

 

 

 

 

 

 

 

 

[Instrument number CASA ADCX 003/24]

 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 003/24 — Repeal of Airworthiness Directive
AD/ARRIUS/9 - Correct Position of Adjusted FCU Fuel Filter

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 Aviation Safety Agency (EASA) AD 2024-0115-CN issued on 21 June 2024 with an effective date of 21 June 2024.

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 (CASR) were enacted to provide detailed regulations under the Civil Aviation Act 1988, ensuring the safety of civil aviation in Australia. This legislation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft. The problem or gap it addresses is the need for consistent and effective safety regulations in the civil aviation sector, particularly in relation to international standards and practices. The repeal of Airworthiness Directive AD/ARRIUS/9, as detailed in CASA ADCX 003/24, demonstrates the adaptability of the CASR in response to changes in international safety standards. The repealing instrument was made by a delegate of CASA under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring compliance with both domestic and international aviation safety requirements. The instrument aims to streamline and update aviation safety protocols in alignment with the latest international directives.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) apply to entities involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance providers, and other relevant stakeholders. The regulations, made under the Civil Aviation Act 1988, ensure compliance with international safety standards as set out in the Convention on International Civil Aviation. The scope of the Act extends to all aircraft registered in Australia, irrespective of their location, and to aeronautical products manufactured, maintained, or operated within the country. The regulations allow for the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. The CASR also allows for the adoption of ADs issued by foreign States of Design, which must be complied with by Australian entities. The repeal of AD/ARRIUS/9, a specific AD related to the correct position of the adjusted fuel control unit (FCU) fuel filter for certain Safran Arrius 2F series turbine engines, was necessitated by the issuance of a new European Aviation Safety Agency (EASA) AD, which has superseded the previous directive. This repeal is effective as of 5 July 2024 and does not require consultation or a Regulatory Impact Statement as it aligns with existing international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for a kind of aircraft or aeronautical product. This legislative instrument focuses on the repeal of AD/ARRIUS/9, which required the correct positioning of the adjusted Fuel Control Unit (FCU) fuel filter for specified Safran Arrius 2F series turbine engines. The repeal of AD/ARRIUS/9 occurs because its requirements have been superseded by EASA AD 2024-0115-CN, which must now be adhered to. The obligations and requirements imposed by this legislation include the automatic adoption of EASA AD 2024-0115-CN by CASA, effective from 21 June 2024. Operators of aircraft equipped with the specified Safran Arrius 2F series turbine engines must comply with the new AD, which will dictate the necessary inspections, rectifications, and maintenance procedures. CASA retains the authority to grant exclusions from or approve alternative means of compliance with the new AD if deemed appropriate. Any failure to comply with the provisions of the new EASA AD 2024-0115-CN could result in severe consequences, including potential aircraft groundings and legal penalties. While the exact penalties are not detailed in this repeal instrument, non-compliance with ADs generally can lead to enforcement actions by CASA, which may include fines or other regulatory sanctions. The continued airworthiness of the affected aircraft depends on strict adherence to the updated safety directives. The repeal of AD/ARRIUS/9 and the automatic adoption of EASA AD 2024-0115-CN underscore the importance of international cooperation in maintaining aviation safety standards. CASA's role in ensuring compliance with these directives is critical to preventing accidents and ensuring the safety of passengers and crew. The repeal process reflects the dynamic nature of aviation regulations, which must adapt to new safety findings and technological advancements.

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Regulation
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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.