AD/IAI-W/15 Amdt 1 - Structural Inspection Program

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

Legislation au F2017L00395 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/IAI-W/15 Amdt 1 — Structural Inspection Program

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/IAI-W/15 applies to the Israel Aircraft Industries (IAI) 1123 and 1124 (Westwind) Series aircraft.

The Civil Aviation Authority of Israel (CAAI) issued AD 91-01 affecting IAI Westwind series aeroplanes in 1991. Israel is the State of Design for this aircraft type. CASA subsequently issued AD/IAI-W/15 to mandate the requirements of CAAI AD 91-01. As a result of a request from industry, CASA has issued AD/IAI-W/15 Amdt 1 to allow compliance by carrying out inspections in accordance with the latest version of the IAI Structural Inspection Program, as in force from time to time. This AD repeals and replaces the previous AD on this subject. The IAI Structural Inspection Program can be obtained from IAI for a fee. Operators of the aircraft would have a subscription with IAI for maintenance documents such as the program.

Consultation

This AD is being made at the request of an operator of the IAI Westwind series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from allow compliance by carrying out inspections in accordance with the latest revision of the requirement document, 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.

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 14 April 2017.

[Instrument number AD/IAI-W/15 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/IAI-W/15 Amdt 1 — Structural Inspection Program

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 Civil Aviation Authority of Israel (CAAI) issued AD 91-01 affecting IAI Westwind series aeroplanes in 1991. Israel is the State of Design for this aircraft type. CASA subsequently issued AD/IAI-W/15 to mandate the requirements of CAAI AD 91-01. As a result of a request from industry, CASA has repealed and replaced AD/IAI-W/15 to allow compliance by carrying out inspections per the latest revision of the IAI Structural Inspection Program.

The primary purpose of this legislative instrument is to allow compliance with the AD by inspection in accordance with the latest revision of the requirement document.

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 Amendment (Structural Inspection Program) 2017 (AD/IAI-W/15 Amdt 1) was introduced to address the need for updated compliance measures for Israel Aircraft Industries (IAI) 1123 and 1124 (Westwind) Series aircraft in Australia. Enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, this amendment allows operators of the affected aircraft to comply with the latest revisions of the IAI Structural Inspection Program. The objective of this legislative instrument is to ensure that the safety and airworthiness of these aircraft are maintained in accordance with international standards, thereby enhancing the overall safety of air navigation in Australia. The amendment was issued in response to a request from industry, reflecting a minor adjustment to existing arrangements and deemed not to require further consultation or a Regulation Impact Statement.

Scope and Application

The AD/IAI-W/15 Amdt 1, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, applies specifically to the Israel Aircraft Industries (IAI) 1123 and 1124 (Westwind) series aircraft. This legislative instrument is designed to mandate the requirements of an existing airworthiness directive issued by the Civil Aviation Authority of Israel (CAAI) in 1991. The AD/IAI-W/15 Amdt 1 was developed in response to industry requests to allow operators to comply with the latest version of the IAI Structural Inspection Program. This amendment repeals and replaces the previous directive, ensuring that aircraft operators can adhere to updated inspection requirements. The AD applies to all aircraft of the specified series registered in Australia, and its geographic reach is limited to the national jurisdiction of Australia, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. The Act does not specify any exclusions or exemptions, though the application is inherently limited to the specified aircraft type and geographic jurisdiction. The AD extends its application through subordinate instruments, which are subject to the Civil Aviation Safety Regulations 1998, enabling CASA to implement necessary updates or amendments as required.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and include provisions for the issuance of airworthiness directives (ADs). Regulation 39.001 of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to issue an AD for a kind of aircraft or aeronautical product, and under the Civil Aviation Act 1988 (section 98), the Governor-General may make regulations for the Act in the interests of the safety of air navigation. AD/IAI-W/15 Amdt 1 is a legislative instrument under this authority, specifically aimed at the Israel Aircraft Industries (IAI) 1123 and 1124 (Westwind) Series aircraft. It was issued in response to a request from an operator and allows compliance with the AD by conducting inspections in accordance with the latest revision of the IAI Structural Inspection Program. Under AD/IAI-W/15 Amdt 1, operators of IAI Westwind series aircraft must ensure that structural inspections are performed in line with the latest version of the IAI Structural Inspection Program. This requirement is intended to ensure the continuing airworthiness of these aircraft, which falls under the responsibility of the State of Registry, in this case, Australia. Operators must have a subscription with IAI for maintenance documents, including the inspection program. The AD/IAI-W/15 Amdt 1 mandates that inspections must be carried out in accordance with the latest revision of the IAI Structural Inspection Program, which can be obtained from IAI for a fee. The AD also states that it is compatible with human rights, as it does not engage any of the applicable rights or freedoms. There are potential civil and administrative consequences for non-compliance with AD/IAI-W/15 Amdt 1. Under the Civil Aviation Act 1988 (section 98), the Governor-General may make regulations for the Act, and in the interests of the safety of air navigation, which includes the power to impose penalties for non-compliance with ADs. While the specific penalties for non-compliance with this particular AD are not detailed in the explanatory statement, they could include fines, suspension or revocation of airworthiness certificates, or other enforcement actions taken by CASA. The severity of the penalties would depend on the nature and extent of the non-compliance, as well as any resulting safety risks. CASA has the authority to take action to enforce compliance with ADs to ensure the continued 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.