AD/BEECH 36/37 Amdt 1 — Wing Forward Spar Carry-Through Structure

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

Legislation au F2014L01576 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/BEECH 36/37 Amdt 1 Wing Forward Spar Carry-Through Structure

 

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/BEECH 36/37 Amdt 1 applies to the Beechcraft 36 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued
AD 91-14-13 Amendment 39-7054 affecting Beechcraft 36 series aeroplanes in 1991. The United States is the State of Design for this aircraft type. CASA issued AD/BEECH 36/37 to mandate the requirements of FAA AD 91-14-13 Amendment 39-7054 in 1991. The FAA subsequently issued AD 95-04-03 Amendment 39-9155, which superseded the requirements of AD 91-14-13 Amendment 39-7054. CASA has issued AD/BEECH 36/37 Amdt 1 to mandate the requirements of the latest FAA AD. This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 28 November 2014.

 

 

 

[Instrument number AD/BEECH 36/37 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/BEECH 36/37 Amdt 1 — Wing Forward Spar Carry-Through Structure

 

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 United States of America Federal Aviation Administration (FAA) issued Airworthiness Directive (AD) 91-14-13 affecting Beechcraft 36 series aeroplanes in 1991. The United States is the State of Design for this aircraft type. CASA issued AD/BEECH 36/37 to mandate the requirements of FAA AD 91-14-13 in 1991. The FAA subsequently issued AD 95-04-03 which superseded the requirements of
AD 91-14-13. CASA has issued AD/BEECH 36/37 Amdt 1 to mandate the requirements of the latest FAA AD. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to mandate the requirements of the current FAA AD, AD 95-04-03. The FAA AD requires initial and repetitive inspections of the wing front carry-through frame structure of the aeroplanes, and repair or reinforcement if a crack is found.

 

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 air navigation in Australia, aligning with the broader objective of the Civil Aviation Act 1988. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation. Under the authority conferred by section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD) for specific aircraft or aeronautical products as per regulation 39.001 of the CASR 1998. AD/BEECH 36/37 Amdt 1 is a legislative instrument that mandates the requirements of the latest Federal Aviation Administration (FAA) AD concerning the Beechcraft 36 series aeroplanes, addressing the need for continuing airworthiness in compliance with international standards under Annex 8 to the Convention on International Civil Aviation. This AD replaces the previous AD to ensure that operators of these aircraft in Australia adhere to the most current safety directives.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 1 pertains to the Beechcraft 36 Series aircraft and is designed to ensure their continuing airworthiness by mandating compliance with specific safety directives issued by the United States Federal Aviation Administration (FAA). This amendment applies to all Beechcraft 36 Series aeroplanes registered within Australia, enforcing the FAA’s Airworthiness Directive 95-04-03, which supersedes the earlier AD 91-14-13. The primary objective is to conduct initial and repetitive inspections of the wing front carry-through frame structure, requiring repair or reinforcement if any cracks are detected. This legislative instrument is made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it comes into effect on 28 November 2014. Given that the regulation is a legislative instrument, it adheres to the requirements of the Acts Interpretation Act 1901, allowing for its amendment, repeal, or revocation. Furthermore, this instrument aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design and States of Registry collaborate to ensure aircraft airworthiness.

Key Provisions

The main operative sections of AD/BEECH 36/37 Amdt 1, as referenced under the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Act 1988 (the Act), mandate specific requirements for the inspection and maintenance of the wing forward spar carry-through structure of Beechcraft 36 series aircraft. This amendment repeals and replaces the previous AD/BEECH 36/37, incorporating the latest airworthiness directive issued by the United States Federal Aviation Administration (FAA) as AD 95-04-03 Amendment 39-9155. Section 39.001 of the CASR 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product. This legislative instrument follows the structure outlined in the Act and the Convention on International Civil Aviation, ensuring that CASA, as Australia’s national airworthiness authority, can mandate the latest FAA requirements for the specified aircraft type. Under AD/BEECH 36/37 Amdt 1, the obligations imposed on the parties include the requirement for initial and repetitive inspections of the wing front carry-through frame structure. Aircraft operators and owners must ensure that these inspections are conducted by authorised personnel. If a crack is found, the structure must be repaired or reinforced as specified by the FAA AD 95-04-03 Amendment 39-9155. These obligations are intended to ensure the continuing airworthiness of the Beechcraft 36 series aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Breach of the requirements stipulated in AD/BEECH 36/37 Amdt 1 may result in civil or criminal consequences. The Act and the CASR 1998 do not specify maximum penalties in this particular AD, but generally, non-compliance with airworthiness directives can lead to enforcement actions by CASA. These actions may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges for wilful or negligent non-compliance. The authority to enforce these penalties ensures that the safety standards set forth in the AD are adhered to, protecting the safety of air navigation in Australia.

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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.