AD/AA-5/23 Amdt 4 Aileron System – Inspections and Modification

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Legislation au F2020L00408 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/AA-5/23 Amdt 4 — Aileron System - Inspection and Modification

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/AA-5/23 Amdt 4 applies to the True Flight (Gulfstream) AA-5 Series aircraft.

The United States of America Federal Aviation Administration (FAA) issued AD 79‑22-04 affecting Gulfstream AA-5 series aeroplanes in 1979. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/AA-5/23 Amdt 3 to mandate the requirements of FAA AD 79-22-04. As a result of a request from industry, CASA has issued AD/AA-5/23 Amdt 4 to update a referenced document from Gulfstream American SB 165 to Gulfstream Aerospace SB 165A and to approve the accomplishment of SI 06-01 as terminating action for the 100 hourly repetitive inspections required by both FAA AD 79-22-04 and Gulfstream American SB 165A. This AD repeals and replaces the previous AD on this subject.

Documents Incorporated by Reference

  • Gulfstream Aerospace Service Bulletin 165A dated 9 November 1979 provides instructions for the inspection or modification of ailerons on Gulfstream AA-5 aircraft. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time.  The technical document is not freely available.
     
  • Gulfstream American Service Bulletin 168 dated 29 January 1980 provides instructions for the inspection of aileron torque tubes on Gulfstream AA-5 aircraft. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time.  The technical document is not freely available.
     
  • Gulfstream American Service Kit 150 dated 3 August 1979 provides instructions for the modification of ailerons on Gulfstream AA-5 aircraft. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The document is freely available at the following internet address:

http://www.grummanpilotsassociation.com/wp-content/uploads/2015/01/SK-150.pdf

  • Tiger Aircraft Service Instruction SI 06-01 dated 1 August 2006 provides instructions for the inspection of ailerons on Gulfstream AA-5 aircraft. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time.  The technical document is not freely available.

 

A technical document incorporated into this AD, which is not freely available, is a proprietary, copyright, fee-for-service document, prepared on a commercial basis. It can 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 technical documents of the aircraft or engine manufacturer. Nevertheless, as a current subscriber for the documents, CASA will make the relevant sections of the incorporated technical document 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.

FAA AD 79-22-04 is not incorporated by reference, but is freely available from the FAA website at the following internet address: https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/8E3D2580F001288886256A38005EAB97?OpenDocument&Highlight=79-22-04

Consultation

This AD is being made at the request of industry, in particular an operator of the True Flight (Gulfstream) AA-5 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating a referenced document from Gulfstream American SB 165 to Gulfstream Aerospace SB 165A and approving the accomplishment of SI 06-01 as terminating action for the 100 hourly repetitive inspections, 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 April 2020.

[Instrument number AD/AA-5/23 Amdt 4]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/AA-5/23 Amdt 4 — Aileron System - Inspection and Modification

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 79‑22-04 affecting Gulfstream AA-5 series aeroplanes in 1979. The United States of America is the State of Design for this aircraft type. The Civil Aviation Safety Authority (CASA) subsequently issued AD/AA-5/23 Amdt 3 to mandate the requirements of FAA AD 79-22-04. As a result of a request from industry, CASA has has repealed and replaced AD/AA-5/23 Amdt 3 to update a referenced document from Gulfstream American SB 165 to Gulfstream Aerospace SB 165A and to approve the accomplishment of SI 06-01 as terminating action for the 100 hourly repetitive inspections required by both FAA AD 79-22-04 and Gulfstream American SB 165A.

The primary purpose of this legislative instrument is to update a document reference and to provide the Australian aviation industry with alleviation for repetitive inspections required by the AD.

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

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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.