AD/B767/178 Amdt 1 — Auto-Speedbrake Control System

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

Legislation au F2013L01313 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B767/178 Amdt 1 Auto-Speedbrake Control System

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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 State of Design issues an AD against 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 State of Design.  AD/B767/178 Amdt 1 applies to the Boeing 767 series aircraft.

 

The United States Federal Aviation Administration (FAA) issued AD 2002-12-04 affecting Boeing 767 aircraft in 2002.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B767/178 to mandate the requirements of FAA 2002-12-04 which required certain maintenance actions to be carried out in accordance with Boeing Service Bulletin (SB) 767-27A0160.  As a result of a request from industry, CASA has amended AD/B767/178 to allow the use of later FAA approved revisions of Boeing SB 767-27A0160.  The amended AD, AD/B767/178 Amendment 1, will become effective on 9 July 2013.  This AD cancels and replaces the previous issue.

 

Consultation

This amendment is being made at the request of industry, in particular an operator of the Boeing 767 series aircraft.  As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from allowing the use of future revisions of the SIRM, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 9 July 2013.

 

The AD 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.

 

[Instrument number AD/B767/178 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/B767/178 Amdt 1 Auto-Speedbrake Control System

 

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 Federal Aviation Administration (FAA) issued AD 2002-12-04 affecting Boeing 767 aircraft in 2002.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B767/178 to mandate the requirements of FAA 2002-12-04 which required certain maintenance actions to be carried out in accordance with Boeing Service Bulletin (SB) 767-27A0160.  As a result of a request from industry, CASA has amended AD/B767/178 to allow the use of later approved revisions of Boeing SB 767-27A0160.  The amended AD, AD/B767/178 Amendment 1, will become effective on 9 July 2013.  This AD cancels and replaces the previous issue.

 

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 were enacted to ensure the safety of air navigation in Australia, in accordance with the Civil Aviation Act 1988. The Act empowers the Governor-General to make regulations for the Act, and regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The policy objective is to ensure the continuing airworthiness of aircraft in Australia by mandating requirements based on information from the State of Design, which, in this case, is the United States Federal Aviation Administration (FAA). The AD/B767/178 Amendment 1 was introduced to address a request from industry, allowing the use of later approved revisions of Boeing Service Bulletin (SB) 767-27A0160 for the Boeing 767 series aircraft. This legislative instrument, which became effective on 9 July 2013, cancels and replaces the previous issue of AD/B767/178. The amendment was made at the request of industry, and a statement of compatibility with human rights has been provided, confirming that the amendment does not engage any of the applicable rights or freedoms.

Scope and Application

The AD/B767/178 Amendment 1 applies specifically to the Boeing 767 series aircraft registered in Australia, thereby ensuring compliance with international standards for airworthiness. This amendment is a response to industry requests and is a minor adjustment allowing the use of later revisions of the Boeing Service Bulletin 767-27A0160, previously mandated by the Federal Aviation Administration (FAA) in AD 2002-12-04. The United States, as the State of Design for the Boeing 767, issued this directive, which CASA subsequently mandated for Australian aircraft through AD/B767/178. The amendment, AD/B767/178 Amendment 1, takes effect from 9 July 2013, replacing the previous directive. This change, being of a minor nature, did not necessitate additional public consultation or a Regulatory Impact Statement. The amendment is made under the delegation of authority provided by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, ensuring that the requirements align with both national and international civil aviation safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998), under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. AD/B767/178 Amdt 1, which pertains to the Boeing 767 series aircraft, is one such directive issued by CASA in response to a United States Federal Aviation Administration (FAA) directive, AD 2002-12-04. This amendment allows the use of later approved revisions of Boeing Service Bulletin (SB) 767-27A0160. The AD becomes effective on 9 July 2013, replacing the previous version. This legislation imposes specific obligations on aircraft operators and maintenance entities concerning the Boeing 767 series aircraft. Operators must ensure that any maintenance actions required under this AD are carried out in accordance with the approved revisions of Boeing SB 767-27A0160. Maintenance entities are required to perform these maintenance actions using procedures specified in the latest revisions of the service bulletin. Compliance with these ADs is crucial to maintaining the airworthiness of the aircraft and ensuring the safety of air navigation. Failure to comply with the requirements set forth in AD/B767/178 Amdt 1 may result in serious safety implications. Although the explanatory statement does not explicitly detail the penalties for non-compliance, non-compliance with ADs generally can result in civil or criminal penalties under the Civil Aviation Act 1988. The potential consequences may include fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. CASA has the authority to enforce these regulations and may take appropriate action against entities that fail to comply with the mandated maintenance requirements. In summary, AD/B767/178 Amdt 1 is a critical regulatory tool aimed at ensuring the continued safety and airworthiness of Boeing 767 series aircraft by mandating specific maintenance actions. Compliance with this AD is mandatory for all relevant parties, and failure to adhere to its requirements may result in significant legal and safety consequences. The legislative instrument is compatible with human rights, as it does not engage any applicable rights or freedoms.

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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.