AD/JABIRU/3 Aileron Control Tube

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

Legislation au F2021L00113 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/JABIRU/3 — Aileron Control Tube

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 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.

CASA has issued AD/JABIRU/3 to mandate an aircraft manufacturer’s Service Bulletin (JSB 042-1) which was issued to address an in-service problem which could develop into an unsafe condition in Jabiru aircraft.

As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD mandates and inspection of the aileron control tube and remedial action if cracks are discovered. The AD does not affect most Australian operators of Jabiru aircraft as the manufacturer’s Service Bulletins are already mandatory in for light sport aircraft in Australia. The AD is issued to mandate the same requirements for aircraft registered overseas.

Documents Incorporated by Reference

The AD incorporates by reference Jabiru Service Bulletin JSB 042-1 – Jabiru Aileron control tube dated 17 May 2019, which specifies how and when the aileron control tube is to be inspected.  For subsection 98 (5D) of the Act, this document is incorporated as it exists from time to time. The document is freely available from the aircraft manufacturer’s website.

Consultation

CASA consulted with the Australian aviation industry and the general public via CASA Proposed Airworthiness Directive PAD/JABIRU/3 which was open for comment for a period of eight weeks with comments closing on 29 January 2021.

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 AD has been made by a delegate of CASA relying on the power of delegation under sub regulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 21 March 2021.

[Instrument number AD/JABIRU/3]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/JABIRU/3 – Aileron Control Tube

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 legislative instrument is an airworthiness directive (AD). AD/JABIRU/3 has been issued to mandate an aircraft manufacturer’s Service Bulletin (JSB 042-1) which was issued to address an in-service problem which could develop into an unsafe condition in Jabiru aircraft.

As Australia is the State of Design for the type, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. The AD extends the currently mandated service life for the improved ribs. The AD does not affect Australian operators of GA8 aircraft as the manufacturer’s Airworthiness Limitations are already mandatory in Australia. The AD is issued to mandate the same requirements for aircraft registered overseas.

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 in Australia, aligning with international standards and the Convention on International Civil Aviation. One of the mechanisms under these regulations is the issuance of airworthiness directives (ADs), which the Civil Aviation Safety Authority (CASA) can implement to address safety issues. The AD/JABIRU/3, which focuses on the aileron control tube in Jabiru aircraft, was introduced to rectify an in-service problem that could lead to an unsafe condition. As Australia is the State of Design for this aircraft type, CASA has a responsibility under Annex 8 of the Convention on International Civil Aviation to ensure continuing airworthiness and to issue necessary ADs. This AD mandates the inspection of the aileron control tube and requires remedial action if cracks are detected, ensuring compliance with safety standards for both domestic and international operators. The AD was developed following consultation with the aviation industry and the public, and it does not necessitate a Regulation Impact Statement as per the standing agreement between CASA and the Office of Best Practice Regulation. The AD/JABIRU/3 is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights, and it came into effect on 21 March 2021.

Scope and Application

The AD/JABIRU/3 pertains to the aileron control tube of Jabiru aircraft, mandating a service bulletin (JSB 042-1) issued by the aircraft manufacturer to address an in-service problem that could develop into an unsafe condition. This airworthiness directive applies to all Jabiru aircraft, regardless of where they are registered, ensuring that the safety measures are uniformly enforced. As Australia is the State of Design for Jabiru aircraft, the Civil Aviation Safety Authority (CASA) is required to develop and transmit this AD to other States of Registry. While the AD does not impact most Australian operators of Jabiru aircraft, as the manufacturer's Service Bulletins are already mandatory for light sport aircraft in Australia, it does mandate the same requirements for aircraft registered overseas. The AD incorporates by reference the manufacturer's Service Bulletin JSB 042-1, which specifies the inspection and remedial actions required if cracks are discovered in the aileron control tube. The directive was made under the authority delegated to CASA and commenced on 21 March 2021, following consultation with the Australian aviation industry and the general public.

Key Provisions

The main operative sections of the AD/JABIRU/3 include provisions that mandate an inspection of the aileron control tube in Jabiru aircraft and require remedial action if cracks are discovered (Section 98 of the Civil Aviation Act 1988 and Regulation 39.001 of the Civil Aviation Safety Regulations 1998). The AD/JABIRU/3 incorporates by reference the manufacturer's Service Bulletin JSB 042-1, which specifies the inspection process (subsection 98(5D) of the Act). The AD was developed by CASA, as Australia is the State of Design for Jabiru aircraft, and it is mandated for all registered aircraft, regardless of their location. The obligations imposed on the parties governed by AD/JABIRU/3 include ensuring that all Jabiru aircraft undergo the specified inspection of the aileron control tube. Aircraft owners, operators, and maintenance personnel must follow the inspection and remedial action procedures outlined in Service Bulletin JSB 042-1. Compliance with this AD is essential for maintaining the airworthiness of the aircraft and ensuring safety standards are met. Failure to comply with these requirements may result in the aircraft being deemed unairworthy. The AD/JABIRU/3 also outlines the civil and criminal consequences for non-compliance. Operators who fail to adhere to the mandated inspections and remedial actions may face penalties, including fines and potential grounding of the aircraft. The severity of the penalties depends on the extent of non-compliance and the risk posed to aviation safety. Under the Civil Aviation Safety Regulations 1998, the maximum penalties for non-compliance with an airworthiness directive can include fines up to $500,000 for corporations and $100,000 for individuals, alongside other civil and administrative actions. These provisions are designed to ensure high standards of aircraft safety and compliance within the Australian aviation industry.

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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.