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

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation operations in Australia, in alignment with the Convention on International Civil Aviation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for carrying out and giving effect to the provisions of the Convention, including those relating to safety. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, has the power to issue airworthiness directives (ADs) pursuant to regulation 39.001 of the CASR. AD/AA-5/23 Amdt 4, issued by CASA, amends an existing AD concerning the inspection and modification of aileron systems on True Flight (Gulfstream) AA-5 series aircraft. This amendment was made in response to industry requests, aiming to update a referenced technical document and provide relief from repetitive inspections, thereby enhancing operational efficiency while maintaining safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (the Act) provide the legislative framework for civil aviation safety in Australia. Pursuant to section 98 of the Act, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. AD/AA-5/23 Amdt 4 applies specifically to the True Flight (Gulfstream) AA-5 Series aircraft. This amendment was made in response to industry requests and seeks 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. The geographic and jurisdictional reach of this legislation is national, as CASA, the national airworthiness authority of Australia, is responsible for ensuring the airworthiness of aircraft registered in Australia. The AD applies to all operators of the True Flight (Gulfstream) AA-5 Series aircraft within Australian airspace. The AD does not exclude any particular person or entity but is mandatory for compliance by all relevant operators. The application of the AD can be extended or restricted through subordinate instruments, but this specific AD does not provide for such extensions or restrictions. The incorporated technical documents, which are not freely available, are made available by CASA upon request to affected operators, reflecting the proprietary nature of these documents. The AD commenced on 17 April 2020.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to this legislative instrument include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. This particular amendment, AD/AA-5/23 Amdt 4, pertains to the inspection and modification of the aileron system on the True Flight (Gulfstream) AA-5 Series aircraft. It updates a referenced document from Gulfstream American SB 165 to Gulfstream Aerospace SB 165A and approves the accomplishment of SI 06-01 as terminating action for the 100 hourly repetitive inspections required by FAA AD 79-22-04 and Gulfstream American SB 165A. This AD aims to provide relief to the Australian aviation industry by reducing the frequency of repetitive inspections. The obligations and requirements imposed by this AD on the parties it governs include adherence to the updated technical instructions provided in Gulfstream Aerospace SB 165A and the approval of SI 06-01 as the terminating action for the 100 hourly repetitive inspections. Aircraft operators must ensure that their maintenance and inspection procedures align with these updated instructions. CASA will make the relevant sections of the incorporated technical document available for viewing only, in its Canberra or regional offices, by arrangement, and for any aircraft operator affected by this AD or any interested person. This requirement ensures that all relevant parties have access to the necessary information to comply with the AD. The AD does not explicitly state any specific offences, penalties, or consequences for breach. However, non-compliance with ADs can lead to serious safety risks and potential legal consequences. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement action against non-compliance, which can include fines, suspension or revocation of airworthiness certificates, and other regulatory measures. The maximum penalties for non-compliance with ADs can vary depending on the severity of the breach and the specific circumstances of the case. CASA’s enforcement actions are intended to ensure that all aircraft operated in Australian airspace meet the required safety standards.

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Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
Enforcement Powers
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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.