AD/GC-1/2 Main Landing Gear Retraction System - Inspection

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Legislation au F2020L01121 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/GC-1/2 - Main Landing Gear Retraction System - Inspection

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), 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. 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.

The United States of America Federal Aviation Administration (FAA) issued AD 47‑06-01 affecting Swift Museum Foundation GC-1A and GC-1B series aeroplanes in 1947. The United States of America is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/GC-1/2 to mandate requirements equivalent to FAA AD 47-06-01.


Documents Incorporated by Reference

Globe Customer Service Maintenance Bulletin No.7 provides guidance for the inspection of the main landing gear retraction system. For subsection 98 (5D) of the Act, this document is incorporated as it exists from time to time. The technical document is not freely available.

The AD refers to FAA AD 47-06-01 for information, explaining it as the source document for the requirements in the AD. The FAA AD is not incorporated by reference in the AD. The FAA AD is publicly available and can be found at the following internet address:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/088C448FAB67FB9B86256A56006B688F?OpenDocument&Highlight=47-06-01

Technical documents referred to in this AD are proprietary, copyright, fee-for-service documents, prepared on a commercial basis. They may be purchased from the aircraft or component manufacturer by subscription.

As a matter of practicality, it would not be possible for aircraft operators to operate aircraft in Australian and foreign airspace without having their own subscription access to relevant aircraft or engine manufacturer documentation, such as the Service Bulletins. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated documents available, in its Canberra or regional offices, by arrangement, and, in keeping with the proprietary nature of the documents, for viewing only, to any aircraft operator who is affected by the direction instrument, or to any interested person.

Consultation

As AD/GC-1/2 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 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 17 September 2020.

[Instrument number AD/GC-1/2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/GC-1/2 - Main Landing Gear Retraction System - Inspection

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 AD 47‑06-01 affecting Swift Museum Foundation GC-1A and GC-1B series aeroplanes in 1947. The United States of America is the State of Design for this aircraft type. As there are some examples of the type on the Australian register, and as the FAA AD pre-dates automatic acceptance of foreign ADs under Part 39 of CASR, CASA has issued AD/GC-1/2 to mandate requirements equivalent to FAA AD 47-06-01.

The primary purpose of this legislative instrument is to mandate requirements equivalent to FAA AD 47-06-01.

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), enacted in 1998, provide a regulatory framework to ensure the safety of civil aviation in Australia. The Civil Aviation Safety Regulations 1998 are made under the Civil Aviation Act 1988, which was enacted to provide for the regulation of civil aviation and to give effect to international conventions. The Civil Aviation Safety Regulations 1998 aim to ensure the continuing airworthiness of aircraft and aeronautical products by mandating safety requirements, including those derived from foreign airworthiness directives. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, issues airworthiness directives (ADs) to enforce these safety standards. AD/GC-1/2, issued on 17 September 2020, is a legislative instrument made under the authority of CASA to mandate inspection requirements for the main landing gear retraction system of Swift Museum Foundation GC-1A and GC-1B series aeroplanes, aligning with the United States Federal Aviation Administration's AD 47-06-01 issued in 1947. This AD was created in response to the presence of this aircraft type on the Australian register and the pre-existing nature of the FAA AD, which predates the automatic acceptance of foreign ADs under Part 39 of the CASR. The policy objective is to ensure the safety and airworthiness of these aircraft by enforcing inspection requirements equivalent to those set by the FAA.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations ensuring compliance with the Convention on International Civil Aviation, particularly concerning safety. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft types or aeronautical products, which are legislative instruments unless specified otherwise. The AD/GC-1/2, issued by CASA, mandates requirements equivalent to the United States Federal Aviation Administration’s AD 47-06-01, which pertains to the inspection of the main landing gear retraction system of Swift Museum Foundation GC-1A and GC-1B series aeroplanes. Given that there are examples of these aircraft on the Australian register, and considering the FAA AD predates the automatic acceptance of foreign ADs under CASR, CASA has deemed it necessary to issue this AD to maintain airworthiness standards. The AD applies to the specified aircraft types and their operators within Australia, ensuring adherence to international safety standards set forth by the Convention on International Civil Aviation. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of AD/GC-1/2 mandate requirements equivalent to FAA AD 47-06-01 for the inspection of the main landing gear retraction system on Swift Museum Foundation GC-1A and GC-1B series aeroplanes. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Section 33(3) of the Acts Interpretation Act 1901 further allows for the repeal, rescind, revoke, amend, or vary of such instruments. Annex 8 to the Convention on International Civil Aviation stipulates that 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. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. The AD imposes several obligations and requirements on the parties it governs. Aircraft operators must ensure that the main landing gear retraction system on Swift Museum Foundation GC-1A and GC-1B series aeroplanes is inspected according to the requirements outlined in AD/GC-1/2. This includes compliance with the guidance provided in Globe Customer Service Maintenance Bulletin No. 7, which is incorporated by reference in the AD. Operators must also ensure that any relevant personnel are adequately trained and familiar with the inspection procedures and requirements. CASA, as the regulator, is responsible for monitoring compliance with the AD and may take enforcement action against non-compliant operators. There are no explicit offences, penalties, or civil/criminal consequences stated for breach of AD/GC-1/2. However, failure to comply with an AD can result in the grounding of an aircraft, which can have significant operational and financial implications for the operator. Additionally, CASA has the authority to take enforcement action against non-compliant operators, which can include fines, suspension or revocation of operating certificates, or other regulatory measures. The maximum penalties for such actions would depend on the specific circumstances and the severity of the non-compliance.

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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.