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Civil Aviation Safety Regulations 1998

Authoritative Version
  • - F2014C01256
  • In force - Superseded Version
  • View Series
SR 1998 No. 237 Regulations as amended, taking into account amendments up to Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2014 Measures No. 1) Regulation 2014
Principal Regulations
Administered by: Infrastructure and Regional Development
Registered 12 Nov 2014
Start Date 04 Nov 2014
End Date 04 Mar 2015
Table of contents.

Commonwealth Coat of Arms

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998 as amended

made under the

Civil Aviation Act 1988

Compilation start date:                     4 November 2014

Includes amendments up to:            SLI No. 166, 2014

This compilation has been split into 4 volumes

Volume 1:       regulations 1.001–42.1105

Volume 2:       regulations 45.005–92.205

Volume 3:       regulations 99.005–137.300

Volume 4:       regulations 139.005–202.900

                        Dictionary and Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Civil Aviation Safety Regulations 1998 as in force on 4 November 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 5 November 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1.001..................... Name of Regulations.......................................................... 1

1.003..................... Harmonisation with FARs.................................................. 1

1.004..................... Dictionary........................................................................... 2

1.005..................... Appendixes......................................................................... 2

1.006..................... Status of tables of contents................................................. 3

1.008..................... Inconsistency between MOS and Act or Regulations......... 3

Part 11—Regulatory administrative procedures                                                4

Subpart 11.A—Preliminary                                                                                             7

11.005................... Purpose of Part................................................................... 7

11.010................... What is in this Part.............................................................. 7

11.015................... Definitions for Part............................................................. 8

11.018................... Approval of forms.............................................................. 9

Subpart 11.B—Applications for authorisations                                                10

11.020................... Effect of this Subpart........................................................ 10

11.025................... Application of Part 11 to authorised persons.................... 10

11.026................... Application of Part 11 to approved design organisations.. 10

11.028................... Application of Part 11 to examiners, instructors and approval holders    11

11.030................... When application taken to be complete............................. 11

11.032................... Application for authorisation after previous authorisation cancelled        12

11.035................... Other things CASA can ask applicant to do—test or interview               12

11.040................... Other things CASA can ask applicant to do—provide more information                13

11.045................... Other things CASA can ask applicant to do—demonstrate a service or facility       14

11.047................... Other things CASA can ask applicant to do—statutory declarations to verify applications     15

11.050................... Material that CASA may or must take into account.......... 15

Subpart 11.BA—Granting authorisations etc                                                    17

11.055................... Grant of authorisation....................................................... 17

11.056................... Authorisation may be granted subject to conditions.......... 20

11.060................... Notice of decision............................................................. 21

11.065................... When authorisation comes into effect............................... 21

11.067................... Imposing and varying conditions after grant of authorisation  22

11.068................... Conditions imposed on class of authorisations................. 23

11.070................... Conditions of authorisations—change of name or address 24

11.071................... Conditions of authorisations—change of nationality........ 25

11.072................... Conditions of authorisations—change of business status. 25

11.073................... Conditions of authorisations—notice of death, dissolution etc 27

11.074................... Conditions of authorisations—notice required by CASA. 28

11.075................... Conditions of authorisations—provision of information.. 29

11.077................... Breach of conditions—offence......................................... 29

11.080................... Authorisations not transferable......................................... 30

Subpart 11.C—Authorisation documents, certificates and related matters           31

11.090................... Authorisation document—authorisations to which Chicago Convention, Annex 1 applies     31

11.095................... Authorisation document—maintenance operation authorisations             31

11.100................... Registration certificate (Chicago Convention, Annex 7)... 31

11.105................... Certificate of Airworthiness (Chicago Convention, Annex 8) 31

11.110................... Authorisation document—other authorisations................. 32

11.115................... Replacement documents.................................................... 32

Subpart 11.D—Applications for variation, suspension and cancellation of authorisations         33

11.120................... What Subpart 11.D is about.............................................. 33

11.125................... Application of Subparts 11.B and 11.BA to variation of authorisation    33

11.130................... Suspension or cancellation of authorisation...................... 34

11.132................... Effect of suspension......................................................... 34

Subpart 11.E—Time‑limited authorisations                                                        35

11.135................... Purpose of Subpart........................................................... 35

11.140................... Continuation of authorisation until application decided..... 35

11.145................... Application of Subparts 11.B and 11.BA......................... 36

11.150................... Conditions on new authorisation...................................... 36

Subpart 11.F—Exemptions from provisions of these Regulations and Civil Aviation Orders  37

Division 11.F.1—Grant of standard exemptions                                         37

11.155................... Purpose of Division.......................................................... 37

11.160................... What exemptions can be granted under this Division....... 37

11.165................... Applications for exemptions............................................. 38

11.170................... Consideration of applications............................................ 38

11.175................... Renewal of exemptions under this Division..................... 39

Division 11.F.2—Grant of exemptions in exceptional circumstances 40

11.180................... Purpose of Division.......................................................... 40

11.185................... Exemptions in exceptional circumstances......................... 40

11.190................... Application....................................................................... 41

11.195................... Consideration by CASA................................................... 41

Division 11.F.3—Exemptions generally                                                            42

11.200................... Purpose of Division.......................................................... 42

11.205................... Conditions........................................................................ 42

11.210................... Offence: failure to comply with condition......................... 42

11.220................... Notice of grant of exemption............................................ 42

11.225................... Publication of exemption.................................................. 43

11.230................... When exemptions cease.................................................... 43

11.235................... Exemptions not transferable.............................................. 43

Subpart 11.G—Directions                                                                                              44

11.240................... Purpose of Subpart........................................................... 44

11.245................... CASA may issue directions.............................................. 44

11.250................... Period of effect of direction.............................................. 44

11.255................... Contravention of direction................................................ 45

Subpart 11.H—Delegation of CASA’s powers                                                  46

11.260................... Delegation......................................................................... 46

Subpart 11.J—Manuals of Standards—procedures                                      47

11.265................... Purpose of Subpart........................................................... 47

11.267................... Application of Subpart to amendment or revocation of Manual of Standards          47

11.270................... Definition—MOS............................................................. 47

11.275................... Notice of intention to issue Manuals of Standards not required in certain circumstances         47

11.280................... Notice of intention to issue Manuals of Standards............ 48

11.285................... Comments on draft Manuals of Standards........................ 49

11.290................... CASA to consider comments on draft Manuals of Standards  49

11.295................... Failure to comply with procedures not to affect validity of Manuals of Standards   49

Part 13Enforcement procedures                                                                           50

Subpart 13.K—Voluntary reporting and demerit points schemes        50

Division 13.K.1—Aviation Self Reporting Scheme                                     50

13.320................... Definitions........................................................................ 50

13.325................... Contraventions that are not reportable............................... 50

13.330................... Prescribed person (Act s 30DM)...................................... 51

13.335................... Establishment and purposes of scheme (Act s 30DN)...... 51

13.340................... Powers and functions of Executive Director..................... 51

13.345................... Manner in which reports to be made (Act s 30DN(2)(b)) 52

13.350................... Processing of reports........................................................ 52

13.355................... Reports relating to unlawful interference.......................... 53

13.360................... Use of information contained in reports (Act s 30DN(2)(c)) 54

13.365................... Delegation by Executive Director..................................... 54

Division 13.K.2—Demerit points scheme                                                         55

13.370................... Offences to which demerit points scheme applies (Act s 30DT)              55

13.375................... Classes of civil aviation authorisations............................. 55

13.380................... Effect of subsequent suspension or cancellation in certain situations (Act s 30DV)                57

Part 21—Certification and airworthiness requirements for aircraft and parts  58

Subpart 21.A—General                                                                                                   67

21.001................... Applicability..................................................................... 67

21.001A................ Definition for Subpart....................................................... 67

21.002C................. Suspension or cancellation of an instrument..................... 67

21.002D................ Show cause notices........................................................... 68

21.002E................. Cancellation of certain certificates..................................... 69

21.003................... Reporting failures, malfunctions, and defects................... 69

21.005................... Manufacturers etc to provide aircraft flight manuals for certain aircraft   72

21.006................... Approval of aircraft flight manuals................................... 74

21.006A................ Approval of changes to aircraft flight manuals................. 74

21.007................... Permissible unserviceabilities........................................... 75

21.007A................ Advice about major damage.............................................. 77

21.008................... Meaning of technical data................................................ 77

21.009................... Approval of technical data................................................ 78

21.010................... References to modifications and repairs in Part................ 79

21.010A................ References to the national aviation authority of a recognised country      79

21.010B................. Definition of recognised country...................................... 80

21.010C................. References to countries with which Australia has agreements 81

Subpart 21.B—Type certificates and type acceptance certificates        82

21.011................... Applicability..................................................................... 82

21.013................... Eligibility.......................................................................... 82

21.013A................ Issue of type certificate..................................................... 82

21.014................... Recognition of foreign certification................................... 83

21.015................... Application for type certificate.......................................... 83

21.016................... Special standards and other conditions on type certificates 84

21.017................... Designation of applicable airworthiness standards........... 85

21.019................... Changes requiring a new type certificate........................... 86

21.021................... Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers....... 87

21.024................... Type certificate: primary category aircraft......................... 88

21.025................... Issue of type certificate: restricted category aircraft........... 90

21.026................... Type certificate: intermediate category aircraft.................. 91

21.027................... Type certificate: surplus aircraft of the Armed Forces...... 92

21.029................... Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country........................................ 95

21.029A................ Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country.............................................................................. 96

21.029B................. Issue of type acceptance certificates subject to conditions. 97

21.029C................. Refusal to issue type acceptance certificate....................... 98

21.031................... Type design—meaning..................................................... 98

21.033................... Inspection and tests......................................................... 100

21.035................... Flight tests...................................................................... 101

21.037................... Flight test pilot................................................................ 102

21.039................... Flight test instrument calibration and correction report... 103

21.041................... Type certificate—meaning.............................................. 103

21.043................... Location of manufacturing facilities................................ 104

21.047................... Transfer of type certificates............................................. 104

21.048................... Licensing of type certificates........................................... 105

21.049................... Availability..................................................................... 105

21.050................... Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections.......................................................... 106

21.051................... Type certificates and type acceptance certificates—duration and suspension or cancellation    107

21.053................... Statement of conformity.................................................. 108

Subpart 21.C—Provisional type certificates                                                      109

21.071................... Applicability................................................................... 109

21.073................... Eligibility........................................................................ 109

21.075................... Application..................................................................... 110

21.076................... Issue of provisional type certificate................................. 110

21.077................... Duration.......................................................................... 110

21.078................... Suspension and cancellation........................................... 111

21.081................... Requirements for issue and amendment of Class I provisional type certificates       111

21.083................... Requirements for issue and amendment of Class II provisional type certificates     113

21.085................... Provisional amendments to type certificates.................... 114

Subpart 21.D—Changes to type certificates                                                      117

21.091................... Applicability................................................................... 117

21.093................... Classification of changes in type design......................... 117

21.095................... Approval of minor changes in type design..................... 117

21.097................... Eligibility for approval of major changes in type design. 118

21.098................... Issue of approval of major change in type design........... 119

21.099................... Required design changes................................................ 119

21.101................... Designation of applicable regulations............................. 120

Subpart 21.E—Supplemental type certificates                                                122

21.111................... Applicability................................................................... 122

21.113................... Eligibility for supplemental type certificate..................... 122

21.113A................ Issue of supplemental type certificate.............................. 122

21.114................... Foreign supplemental type certificates............................ 123

21.115................... Entitlement to supplemental type certificate—meeting applicable airworthiness requirements 123

21.117................... What supplemental type certificates are taken to consist of 124

21.118................... Duration, suspension and cancellation of supplemental type certificates  124

21.119................... Duration, suspension and cancellation of foreign supplemental type certificates      125

21.120................... Transfer of supplemental type certificates....................... 126

21.120A................ Licensing of supplemental type certificates..................... 126

21.120B................. Variations of supplemental type certificates.................... 127

Subpart 21.F—Production under type certificate only                              129

21.121................... Applicability................................................................... 129

21.123................... Production under type certificate..................................... 129

21.125................... Production inspection system: Materials Review Board. 130

21.127................... Tests: aircraft.................................................................. 131

21.128................... Tests: aircraft engines..................................................... 132

21.129................... Tests: variable pitch propellers........................................ 133

21.130................... Statement of conformity.................................................. 133

21.130A................ Records to be kept by manufacturer................................ 134

Subpart 21.G—Production certificates                                                                136

21.131................... Applicability................................................................... 136

21.132................... Definitions for Subpart 21.G.......................................... 136

21.132A................ Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation......................................... 137

21.133................... Eligibility........................................................................ 138

21.134................... Issue of production certificate......................................... 139

21.135................... Requirements for entitlement.......................................... 140

21.137................... Location of manufacturing facilities................................ 140

21.139................... Quality system................................................................ 140

21.143................... Quality system data requirements: prime manufacturer... 141

21.144................... Production inspection system......................................... 142

21.145................... Materials Review Board................................................. 143

21.147................... Changes in quality system.............................................. 144

21.149................... Multiple products............................................................ 144

21.151................... Production limitation record............................................ 145

21.153................... Amendment of production certificate.............................. 145

21.157................... Inspections and tests....................................................... 145

21.159................... Duration.......................................................................... 146

21.161................... Display........................................................................... 146

21.163................... Privileges for holders of production certificates—conduct of training in particular maintenance             147

21.165................... Responsibility of holder of production certificate........... 148

21.166................... Records to be kept by holder of production certificate.... 149

Subpart 21.H—Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits                                                                                                      151

21.171................... Applicability................................................................... 151

21.172................... Definitions for Subpart................................................... 151

21.173................... Eligibility........................................................................ 152

21.175................... Certificates of airworthiness: classification..................... 152

21.176................... Issue of certain certificates of airworthiness................... 153

21.179................... Transferability................................................................. 154

21.181................... Duration of certain certificates of airworthiness.............. 154

21.182................... Aircraft manufacturer’s data plate................................... 156

21.183................... Standard certificates of airworthiness............................. 157

21.184................... Special certificates of airworthiness for primary category aircraft            159

21.184A................ Special certificates of airworthiness for intermediate category aircraft     162

21.185................... Certificates of airworthiness for restricted category aircraft 163

21.186................... Special certificates of airworthiness for light sport aircraft 165

21.187................... Multiple‑category airworthiness certification.................. 167

21.189................... Special certificate of airworthiness for limited category aircraft               168

21.190................... Special certificates of airworthiness—amateur‑built category aircraft accepted under an ABAA             169

21.191................... Experimental certificates................................................. 171

21.192................... Experimental certificates: eligibility................................. 172

21.193................... Experimental certificates: general.................................... 172

21.195................... Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training............................................................................ 174

21.195A................ Issue of experimental certificates.................................... 175

21.195B................. Duration, production for inspection, suspension and cancellation of experimental certificates 175

21.195C................. Exercise of certain powers by authorised persons and relevant approved design organisations               177

21.196................... Special flight permits: eligibility...................................... 177

21.197................... Special flight permits...................................................... 177

21.199................... Applications for special flight permits............................ 178

21.200................... Issue of special flight permits......................................... 179

21.201................... Inspection, suspension and cancellation of special flight permits             180

Subpart 21.I—Provisional certificates of airworthiness                             181

21.211................... Applicability................................................................... 181

21.213................... Eligibility........................................................................ 181

21.215................... Application..................................................................... 182

21.216................... Issue of provisional certificates of airworthiness............ 182

21.217................... Duration.......................................................................... 182

21.219................... Transferability................................................................. 183

21.221................... Class I provisional certificates of airworthiness.............. 183

21.223................... Class II provisional certificates of airworthiness............ 184

21.225................... Provisional certificates of airworthiness corresponding with provisional amendments to type certificates........................................................................................ 184

Subpart 21.J—Approved design organisations                                               186

Division 21.J.1—General                                                                                       186

21.231................... What Subpart 21.J is about............................................. 186

21.233................... Definitions for Subpart 21.J........................................... 186

21.235................... Privileges for approved design organisations................. 190

21.237................... Prohibition of unauthorised carrying out of design activities 190

21.239................... Applications may be made to approved design organisation—approval activities and experimental certificates........................................................................................ 191

Division 21.J.2—Approval as approved design organisation             193

21.241................... Applying for approval.................................................... 193

21.243................... Granting approval........................................................... 193

21.245................... Approval certificate......................................................... 196

21.247................... Approval subject to conditions—general........................ 196

21.248................... Approval subject to conditions—holders of other authorisations under Part 21 and licensees 197

21.249................... Cancellation, suspension and variation of approval........ 197

Division 21.J.3—Authorisation to carry out particular certification activity   199

21.251................... Authorisation of approved design organisations to carry out certification activities 199

Division 21.J.4—Changes to approved design organisations             200

21.253................... Application for approval of change to scope of approval 200

21.255................... Application for approval of change to design assurance system              200

21.256................... Change to design assurance system manual at direction of CASA          201

21.257................... Application for approval of permanent appointment of new accountable manager or head of design      202

21.258................... Permanent appointment of other key personnel—requirement to tell CASA           202

21.259................... Change to exposition by organisation............................. 203

21.261................... Change to exposition at direction of CASA.................... 203

Division 21.J.5—Obligations of approved design organisations       205

21.263................... Content of exposition...................................................... 205

21.265................... Compliance with exposition............................................ 206

21.267................... Design assurance system................................................ 206

21.269................... Requirements for design assurance system—general..... 206

21.270................... Requirements for design assurance system—holders of other authorisations under Part 21 and licensees........................................................................................ 208

21.271................... Compliance with design assurance system manual......... 208

21.273................... Audit of approved design organisation by CASA.......... 209

21.275................... Inspections and observations.......................................... 209

21.277................... Record keeping and production of records to CASA..... 210

21.279................... Directions to comply with specified procedures or instructions               211

21.281................... Investigation of potentially unsafe condition................... 211

21.283................... Requirement to provide employees and subcontractors with exposition and design assurance system manual........................................................................................ 211

Subpart 21.K—Approval of materials, parts, processes and appliances 213

21.301................... Applicability................................................................... 213

21.303................... Replacement and modification parts................................ 213

21.304A................ Changes to an APMA.................................................... 218

21.305................... Approval of materials, parts, processes and appliances.. 218

21.305A................ Approval of materials, parts, processes and appliances not covered by regulation 21.305       218

21.306................... Use of standard parts and materials................................ 219

Subpart 21.L—Export airworthiness approvals                                            222

21.321................... Applicability................................................................... 222

21.323................... Eligibility........................................................................ 223

21.324................... Issue of export airworthiness approvals......................... 223

21.325................... Export airworthiness approvals...................................... 223

21.327................... Application..................................................................... 225

21.329................... Issue of export airworthiness approvals for Class I products  227

21.331................... Issue of airworthiness approvals for Class II products... 228

21.333................... Issue of export airworthiness approvals for Class III products                229

21.339................... Export airworthiness approval for aircraft...................... 229

Subpart 21.M—Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances                                                                                                            231

Division 21.M.1—Preliminary                                                                             231

21.400................... Purpose of Subpart......................................................... 231

21.402................... Definition of proposed airworthiness standards for Subpart 21.M        231

21.403................... Definition of applicable airworthiness standards for Subpart 21.M       231

Division 21.M.2—Modification/repair design approvals                      233

21.405................... Applications for modification/repair design approvals.... 233

21.410................... Refusal to grant approval if design constitutes major change in type design            234

21.414................... Determination of additional airworthiness standards—special conditions                234

21.416................... Determination of non‑application of airworthiness standards—application to CASA             235

21.418................... Determination of non‑application of airworthiness standards—application to authorised person or approved design organisation......................................................... 235

21.420................... Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents....................................................................... 236

21.425................... Applicants to carry out necessary inspections and tests.. 237

21.430................... CASA, authorised person or approved design organisation may carry out or observe certain tests         238

21.435................... Grant of modification/repair design approvals—grant by CASA            239

21.436................... Application to authorised person or approved design organisation—non‑compliance with applicable airworthiness standards: determination of equivalent level of safety        240

21.437................... Grant of modification/repair design approvals—grant by authorised person or approved design organisation........................................................................................ 241

21.440................... Form of modification/repair design approvals................ 243

21.445................... Variation of modification/repair design approvals.......... 243

Division 21.M.3—Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method                244

21.448................... Approvals to which this Division applies....................... 244

21.450................... Transfer of modification/repair design approvals and approvals granted in accordance with alternative method........................................................................................ 244

21.455................... Record keeping and making records available to CASA 245

21.460................... Instructions for continued airworthiness and flight manual supplement to be made available  245

Division 21.M.4—Other means of approval                                                247

21.465................... Modifications and repairs directed by CASA................. 247

21.470................... Foreign modification/repair designs................................ 247

21.475................... CASA may issue instruments specifying alternative methods of approval of modifications and repairs 248

Subpart 21.N—Approval of engines, propellers, materials, parts and appliances: imported     249

21.500................... Approval of imported aircraft engines and propellers..... 249

21.500A................ Approval of other imported aircraft engines and propellers 250

21.502................... Approval of imported materials, parts and appliances..... 250

21.502A................ Approval of other imported materials, parts and appliances 251

Subpart 21.O—Australian Technical Standard Order Authorisations 252

21.601................... Applicability................................................................... 252

21.603................... ATSO marking and privileges........................................ 253

21.605................... Application and issue...................................................... 253

21.607................... General rules governing holders of ATSO authorisations 255

21.609................... Approval for deviation.................................................... 256

21.611................... Design changes............................................................... 256

21.613................... Record keeping requirements.......................................... 257

21.615................... CASA inspection............................................................ 258

21.617................... Issue of letters of ATSO design approval: import appliances  258

21.619................... Non‑compliance.............................................................. 259

21.621................... Duration.......................................................................... 260

Subpart 21.Q—Identification of aircraft and aeronautical products 261

Division 21.Q.1—Preliminary                                                                              261

21.805................... Applicability of this Subpart........................................... 261

21.810................... Meaning of fireproof...................................................... 261

Division 21.Q.2—Aircraft, aircraft engines and aircraft propellers 262

21.815................... Applicability of this Division.......................................... 262

21.820................... Manufacturer’s data plate must be attached to aircraft..... 262

21.825................... Manufacturer’s data plate must be attached to basket of manned free balloon          263

21.830................... Heater assembly of manned free balloon must carry identification mark  264

21.835................... Manufacturer’s data plate must be attached to aircraft engine.. 264

21.840................... Aircraft propellers, blades and hubs must carry identification marks       265

Division 21.Q.3—Critical parts                                                                          267

21.845................... Applicability of this Division.......................................... 267

21.850................... Identification of critical parts........................................... 267

21.855................... Removal or alteration of identification on critical parts... 267

Division 21.Q.4—Aircraft parts                                                                         268

21.860................... Applicability of this Division.......................................... 268

21.865................... Identification of parts produced under an APMA........... 268

21.870................... Identification of parts produced under an APMA if marking is impracticable         269

21.875................... Identification of other aircraft parts................................. 269

21.880................... Identification of other aircraft parts—other than by marking 270

Part 22—Airworthiness standards for sailplanes and powered sailplanes             271

22.001................... Airworthiness standards................................................. 271

22.002................... Incidental provisions....................................................... 271

22.003................... Changes to EASA CS‑22............................................... 271

22.004................... Approvals under EASA CS‑22...................................... 271

Part 23—Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category                                                                                                                                    273

23.001................... Airworthiness standards................................................. 273

23.002................... Incidental provisions....................................................... 274

23.003................... Changes to Part 23 of the FARs..................................... 274

23.004................... Changes to EASA CS‑VLA........................................... 274

23.005................... Changes to EASA CS‑23............................................... 274

23.006................... Approvals under Part 23 of the FARs............................ 274

23.007................... Approvals under EASA CS‑VLA.................................. 275

23.008................... Approvals under EASA CS‑23...................................... 275

Part 25—Airworthiness standards for aeroplanes in the transport category       277

Subpart 25.A—General                                                                                                 278

25.001................... Airworthiness standards................................................. 278

25.002................... Incidental provisions....................................................... 278

Subpart 25.B—Changes to FARs and EASA CS‑25                                   279

25.003................... Changes to Part 25 of the FARs..................................... 279

25.004................... Changes to EASA CS‑25............................................... 279

25.005................... Approvals under Part 25 of the FARs............................ 279

25.006................... Approvals under EASA CS‑25...................................... 279

Subpart 25.C—Airworthiness standards directed by ICAO                  281

25.011................... What this Subpart does................................................... 281

25.013................... Least‑risk bomb location................................................. 281

Part 26—Airworthiness standards for aircraft in the primary category or intermediate category        282

26.001................... Airworthiness standards................................................. 282

26.002................... Incidental provisions....................................................... 282

Part 27—Airworthiness standards for rotorcraft in the normal category              283

27.001................... Airworthiness standards................................................. 283

27.002................... Incidental provisions....................................................... 283

27.003................... Changes to Part 27 of the FARs..................................... 284

27.003A................ Changes to EASA CS‑27............................................... 284

27.004................... Approvals under Part 27 of the FARs............................ 284

27.005................... Approvals under EASA CS‑27...................................... 284

Part 29—Airworthiness standards for rotorcraft in the transport category         286

29.001................... Airworthiness standards................................................. 286

29.002................... Incidental provisions....................................................... 286

29.003................... Changes to Part 29 of the FARs..................................... 287

29.003A................ Changes to EASA CS‑29............................................... 287

29.004................... Approvals under Part 29 of the FARs............................ 287

29.005................... Approvals under EASA CS‑29...................................... 287

Part 31—Airworthiness standards for manned free balloons                289

31.001................... Airworthiness standards................................................. 289

31.002................... Incidental provisions....................................................... 289

31.003................... Changes to Part 31 of the FARs..................................... 290

31.004................... Changes to EASA CS‑31HB......................................... 290

31.005................... Changes to EASA CS‑31GB......................................... 290

31.006................... Approvals under Part 31 of the FARs............................ 290

31.007................... Approvals under EASA CS‑31HB................................ 291

31.008................... Approvals under EASA CS‑31GB................................ 291

Part 32—Airworthiness standards for engines for very light aeroplanes               292

32.001................... Airworthiness standards................................................. 292

32.002................... Incidental provisions....................................................... 292

32.003................... Changes to EASA CS‑22............................................... 292

32.004................... Approvals under EASA CS‑22...................................... 292

Part 33—Airworthiness standards for aircraft engines                             294

33.001................... Airworthiness standards................................................. 294

33.002................... Incidental provisions....................................................... 294

33.003................... Changes to Part 33 of the FARs..................................... 295

33.003A................ Changes to EASA CS‑E................................................. 295

33.004................... Approvals under Part 33 of the FARs............................ 295

33.005................... Approvals under EASA CS‑E........................................ 295

Part 35—Airworthiness standards for aircraft propellers                       297

35.001................... Airworthiness standards................................................. 297

35.002................... Incidental provisions....................................................... 297

35.003................... Changes to Part 35 of the FARs..................................... 298

35.003A................ Changes to EASA CS‑P................................................. 298

35.004................... Approvals under Part 35 of the FARs............................ 298

35.005................... Approvals under EASA CS‑P........................................ 298

Part 39—Airworthiness directives                                                                           300

39.001A................ Definitions...................................................................... 300

39.001................... CASA may issue Australian airworthiness directives.... 301

39.002................... Aircraft or aeronautical products covered by airworthiness directive       301

39.002A................ Aircraft that become Australian aircraft—compliance with Australian airworthiness directives              302

39.003................... Australian aircraft covered by airworthiness directive not to be operated 302

39.004................... Approvals and exclusions in relation to airworthiness directives             303

39.005................... Documents or things to be sent to CASA....................... 305

39.006................... Request for review of operation of Australian airworthiness directive     305

39.007................... Action to be taken by CASA on receiving request under regulation 39.006            306

Part 42—Continuing airworthiness requirements for aircraft and aeronautical products         307

Subpart 42.A—Preliminary                                                                                         319

42.005................... Purpose of Part............................................................... 319

42.010................... Applicability of Part........................................................ 319

42.015................... Definitions for Part......................................................... 319

42.020................... Part 42 Manual of Standards.......................................... 328

Subpart 42.B—Requirements for registered operators                             331

Division 42.B.1—Preliminary                                                                              331

42.025................... Purpose of Subpart......................................................... 331

Division 42.B.2—Continuing airworthiness requirements                   332

42.030................... Continuing airworthiness requirements—all aircraft....... 332

42.035................... Condition of AOC—aircraft authorised to operate under AOCs             333

42.040................... Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations................................................................... 334

42.045................... Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations................................................................... 335

42.050................... Form of continuing airworthiness management contract—all aircraft      335

42.055................... Giving information in accordance with contract.............. 336

42.060................... Copy of certain provisions of contract to be given to CASA 336

42.065................... Copy of variation of certain provisions of contract to be given to CASA                337

42.070................... Notice of termination of contract to be given to CASA.. 337

42.075................... Notice of contravention of Part to be given to CASA..... 337

42.080................... Maintenance of aircraft and aeronautical products.......... 338

Division 42.B.3—Record‑keeping requirements in relation to authorisations under regulation 42.630                                                                                                                    340

42.085................... Application of Division.................................................. 340

42.090................... Retaining copies of authorisations.................................. 340

42.095................... Keeping lists of authorised pilot licence holders and flight engineers       340

Subpart 42.C—Continuing airworthiness management—requirements for person responsible for continuing airworthiness for aircraft                                                 342

Division 42.C.1—Preliminary                                                                              342

42.100................... Purpose of Subpart......................................................... 342

42.105................... Meaning of person responsible for continuing airworthiness for aircraft               342

Division 42.C.2—Continuing airworthiness management tasks        344

42.110................... Complying with regulations in this Division.................. 344

42.115................... Rectification of defect to aircraft before flight—all aircraft 344

42.120................... Compliance with airworthiness directives—all aircraft... 345

42.125................... Approval of design for modifications or repairs to aircraft—all aircraft   345

42.130................... Dealing with certain instructions for continuing airworthiness—aircraft authorised to operate under AOCs and large aircraft.................................................................... 347

42.135................... Replacement of life limited aeronautical product—all aircraft.. 347

42.140................... Approved maintenance program required—aircraft authorised to operate under AOCs and large aircraft........................................................................................ 348

42.145................... Compliance with maintenance program required—all aircraft  348

42.150................... Updating approved maintenance program following change to instructions for continuing airworthiness........................................................................................ 348

42.155................... Ensuring effectiveness of approved maintenance program using approved reliability programs—certain aircraft........................................................................................ 349

42.160................... Ensuring effectiveness of approved maintenance program—other aircraft authorised to operate under AOCs and large aircraft............................................................. 350

42.165................... Removal of aeronautical products fitted as permitted by regulation 42.440              351

Division 42.C.3—Continuing airworthiness records—all aircraft  352

Subdivision 42.C.3.1Continuing airworthiness records system              352

42.170................... Continuing airworthiness records system....................... 352

Subdivision 42.C.3.2—Information about aircraft                                       352

42.175................... Requirement to record information................................. 352

42.180................... Information about aircraft engines and propellers........... 353

42.185................... Information about empty weight of aircraft..................... 354

42.190................... Information about utilisation of aircraft........................... 355

42.195................... Information about compliance with airworthiness directives 356

42.200................... Information about compliance with maintenance program 358

42.205................... Information about modifications..................................... 360

42.210................... Information about aeronautical products with life limit... 361

Subdivision 42.C.3.3—Substantiating documents                                          363

42.215................... Substantiating documents............................................... 363

Subdivision 42.C.3.4—Flight technical log                                                      363

42.220................... Flight technical log.......................................................... 363

42.225................... Availability of flight technical log................................... 364

Subdivision 42.C.3.5—Recording next maintenance due to be carried out 365

42.230................... Recording details of next maintenance due to be carried out in flight technical log  365

42.235................... Approval of another means of recording next maintenance due to be carried out     366

42.240................... Recording details of next maintenance due to be carried out by approved other means            367

Subdivision 42.C.3.6—Recording utilisation information                          367

42.245................... Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved........................................ 367

42.250................... Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight........................................................................................ 368

42.255................... Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means........................................................................................ 368

Subdivision 42.C.3.7—Retention and transfer of records                           369

42.260................... Retention of continuing airworthiness records................ 369

42.265................... Transfer of continuing airworthiness records for aircraft 371

Division 42.C.4—Major defects—reporting and investigating          372

42.270................... Reporting major defects—all aircraft.............................. 372

42.275................... Investigating major defects—large aircraft and aircraft authorised to operate under AOC       373

42.280................... Action by CASA following report of major defect......... 374

42.285................... Action by certificate holder or approval holder following report of major defect     374

Subpart 42.D—Maintenance                                                                                      376

Division 42.D.1—Preliminary                                                                              376

42.290................... Purpose of Subpart......................................................... 376

Division 42.D.2—Permissions for section 20AB of Act—aircraft    377

42.295................... Who is permitted to carry out maintenance on aircraft—approved maintenance organisations 377

42.300................... Who is permitted to carry out maintenance on aircraft—individuals not working for approved maintenance organisations................................................................... 378

42.301................... Who is permitted to carry out maintenance—organisations under NAA arrangement             380

Division 42.D.3—Permissions for section 20AB of Act—aeronautical products             381

42.305................... Who is permitted to carry out maintenance on aeronautical products       381

42.306................... Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by national aviation authority............................................... 382

Division 42.D.4—Requirements for carrying out maintenance         383

42.310................... General requirements for carrying out maintenance........ 383

42.315................... Ensuring individuals are competent to carry out maintenance  384

42.320................... Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out................................................................................... 386

42.325................... Maintenance involving modifications and certain repairs 386

42.330................... Removal of tools etc after carrying out maintenance....... 388

Division 42.D.5—Requirements for independent inspection of critical control system maintenance    389

42.335................... Meaning of independent individual................................. 389

42.340................... Requirement for verification and record for critical control system maintenance      389

42.345................... Verification and record for critical control system maintenance               390

Division 42.D.6—Requirements for dealing with defects                      392

Subdivision 42.D.6.1—Dealing with defects                                                    392

42.350................... Meaning of qualified individual...................................... 392

42.355................... Recording defects........................................................... 392

42.360................... When qualified individual may defer rectification of defect 392

42.365................... How rectification of defect is deferred............................ 393

42.370................... Record for deferral of rectification of defect................... 394

Subdivision 42.D.6.2—Reporting defects                                                         394

42.375................... Major defect reporting—independent maintainer carrying out maintenance on aircraft            394

42.380................... Major defect reporting—approved maintenance organisation carrying out maintenance on aircraft         395

42.385................... Major defect reporting—approved maintenance organisation carrying out maintenance on aeronautical product........................................................................................ 395

42.390................... Reporting requirements................................................... 396

Division 42.D.7—Requirements for recording maintenance for aircraft or aeronautical products     397

42.395................... Recording maintenance information for aircraft.............. 397

42.400................... Making maintenance record for aeronautical products.... 399

42.405................... Provision of maintenance record and other documents to registered operator          400

42.410................... Retention of copy of maintenance record by approved maintenance organisations  401

Subpart 42.E—Aeronautical products                                                                 402

Division 42.E.1—Preliminary                                                                              402

42.415................... Purpose of Subpart......................................................... 402

Division 42.E.2—Requirements for fitting parts and using materials 403

42.420................... Fitting parts other than standard parts............................. 403

42.425................... Obligations and offences for fitting parts other than standard parts         404

42.430................... Fitting parts removed from aircraft—permission for paragraph 42.420(5)(c)          406

42.435................... Fitting parts fabricated by approved maintenance organisations—permission for subparagraph 42.420(5)(a)(ii)........................................................................................ 406

42.440................... Fitting parts for which there is no authorised release certificate—permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii)..................... 407

42.445................... Fitting standard parts...................................................... 408

42.450................... Fitting parts removed from same place on aircraft—permission for paragraphs 42.420(1)(a) and 42.445(1)(a)........................................................................................ 410

42.455................... Using materials............................................................... 410

Division 42.E.3—Requirements for controlling unserviceable and unsalvageable parts             412

42.460................... Control of unserviceable parts........................................ 412

42.465................... Control of unsalvageable parts........................................ 412

Division 42.E.4—Requirements for controlling unapproved parts 415

42.470................... Meaning of unapproved for parts................................... 415

42.475................... Control of unapproved parts........................................... 415

42.480................... Reporting unapproved parts............................................ 416

42.485................... Action by CASA following report of unapproved parts. 416

42.490................... Action required if parts not required to be kept............... 417

Subpart 42.F—Subpart 42.F approved maintenance organisations  418

Division 42.F.1—General                                                                                       418

42.495................... Purpose of Subpart......................................................... 418

42.500................... Definitions for Subpart................................................... 418

42.505................... Regulations 11.070 to 11.075 do not apply in relation to certain matters 420

Division 42.F.2—Approval of Subpart 42.F organisations                  421

42.510................... Applying for approval.................................................... 421

42.515................... Issuing approval............................................................. 421

42.520................... Approval certificate......................................................... 422

42.525................... Privileges for Subpart 42.F organisations....................... 423

42.530................... Approval subject to conditions....................................... 423

Division 42.F.3—Changes to Subpart 42.F organisations                    424

42.535................... Application for approval of significant changes to Subpart 42.F organisations       424

42.540................... Approval of significant changes..................................... 424

42.545................... Changes to Subpart 42.F organisations that are not significant changes  425

42.550................... CASA may direct Subpart 42.F organisations to change expositions      425

Division 42.F.4—Requirements and offences for Subpart 42.F organisations  427

42.555................... Provision of maintenance services.................................. 427

42.560................... Providing employees with exposition............................. 427

42.565................... Complying with directions.............................................. 427

Subpart 42.G—Continuing airworthiness management organisations 429

Division 42.G.1—General                                                                                      429

42.570................... Purpose of Subpart......................................................... 429

42.575................... Definitions for Subpart................................................... 429

42.580................... Regulations 11.070 to 11.075 do not apply in relation to certain matters 432

Division 42.G.2—Approval of continuing airworthiness management organisations   433

42.585................... Applying for approval.................................................... 433

42.590................... Issuing approval............................................................. 434

42.595................... Approval certificate......................................................... 435

42.600................... Privileges for continuing airworthiness management organisations         436

42.605................... Approval subject to conditions....................................... 436

Division 42.G.3—Changes to continuing airworthiness management organisations     437

42.610................... Application for approval of significant changes to continuing airworthiness management organisations........................................................................................ 437

42.615................... Approval of significant changes..................................... 438

42.620................... Changes to continuing airworthiness management organisations that are not significant changes           438

42.625................... CASA may direct continuing airworthiness management organisations to change expositions               438

Division 42.G.4—Authorisation of pilot licence holders and flight engineers to provide maintenance services                                                                                                   440

42.630................... When pilot licence holders and flight engineers may be authorised          440

42.635................... Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft..................................... 442

42.640................... Directions in relation to authorisations............................ 442

42.645................... Notice of cancellation of authorisation............................ 442

Division 42.G.5—Requirements and offences for continuing airworthiness management organisations                                                                                                                    444

42.650................... Provision of continuing airworthiness management services 444

42.655................... Providing employees with exposition............................. 444

42.660................... Copies of authorisations and records.............................. 444

42.665................... Complying with directions.............................................. 445

42.670................... Giving information in accordance with contract.............. 445

42.675................... Notice of contravention of Part to be given to CASA..... 446

Subpart 42.H—Maintenance certification and certificate of release to service    447

Division 42.H.1—General                                                                                      447

42.680................... Purpose of Subpart......................................................... 447

Division 42.H.2—Maintenance certification for maintenance carried out on aircraft 448

Subdivision 42.H.2.1—Application of Division                                              448

42.685................... Application of Division.................................................. 448

Subdivision 42.H.2.2—Who must perform maintenance certification    448

42.690................... Approved maintenance organisations............................. 448

42.695................... Individuals performing maintenance certification on behalf of approved maintenance organisations       449

42.700................... Independent maintainers................................................. 449

Subdivision 42.H.2.3—Requirements for performing maintenance certification         450

42.705................... Requirements to be met by individuals before performing maintenance certification               450

42.710................... Requirements to be met by organisations before performing maintenance certification            451

Subdivision 42.H.2.4—Performance of maintenance certification          451

42.715................... How maintenance certification is performed................... 451

Division 42.H.3—Certificate of release to service—aircraft              453

Subdivision 42.H.3.1—Preliminary                                                                  453

42.720................... Application of Division.................................................. 453

42.725................... Requirement not to release aircraft without certificate of release to service              453

Subdivision 42.H.3.2—Who may issue certificate of release to service   454

42.730................... Approved maintenance organisations............................. 454

42.735................... Individuals issuing certificates of release to service on behalf of approved maintenance organisations   455

42.740................... Independent maintainers................................................. 455

Subdivision 42.H.3.3—Requirements for issuing certificate of release to service        456

42.745................... Requirements to be met before certificate of release to service may be issued          456

42.750................... Requirements to be met by approved maintenance organisations before issuing certificate of release to service........................................................................................ 457

42.755................... Requirements to be met by individuals before issuing certificate of release to service             458

Subdivision 42.H.3.4—Form, content and issue of certificate of release to service      458

42.760................... Form and content of certificate of release to service........ 458

42.765................... How certificate of release to service is issued................. 459

Subdivision 42.H.3.5—Record‑keeping                                                            459

42.770................... Retaining copy of certificate of release to service............ 459

Division 42.H.4—Certificate of release to service—aeronautical products       460

Subdivision 42.H.4.1—Preliminary                                                                  460

42.775................... Application of Division.................................................. 460

42.780................... Requirement not to release aeronautical product without certificate of release to service          460

Subdivision 42.H.4.2—Who may issue certificate of release to service   461

42.785................... Approved maintenance organisations............................. 461

42.790................... Individuals issuing certificates of release to service on behalf of approved maintenance organisations   461

Subdivision 42.H.4.3—Requirements for issuing certificate of release to service        462

42.795................... Requirements to be met before certificate of release to service may be issued          462

42.800................... Requirements to be met by approved maintenance organisations before issuing certificate of release to service........................................................................................ 463

42.805................... Requirements to be met by individuals before issuing certificate of release to service             463

Subdivision 42.H.4.4—Form and issue of certificate of release to service 464

42.810................... Form of certificate of release to service........................... 464

42.815................... How certificate of release to service is issued................. 465

Subdivision 42.H.4.5—Record‑keeping and dealing with certificate of release to service          465

42.820................... Additional record for certificate of release to service issued as in‑house release document      465

42.825................... Dealing with certificate of release to service................... 465

Subpart 42.I—Airworthiness reviews and airworthiness review certificates        467

Division 42.I.1—General                                                                                        467

42.830................... Application of Subpart.................................................... 467

42.835................... Purpose of Subpart......................................................... 467

Division 42.I.2—Issue of airworthiness review certificates                 468

42.840................... Who may issue airworthiness review certificate............. 468

42.845................... Requirements to be met for issue of airworthiness review certificate       468

42.850................... Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate............................................................. 469

42.855................... Requirements to be met by individuals before issuing airworthiness review certificate           469

42.860................... Form of airworthiness review certificate......................... 470

42.865................... How airworthiness review certificate is issued............... 470

42.870................... How long airworthiness review certificate remains in force 470

Division 42.I.3—Extension of airworthiness review certificates      471

42.875................... Who may extend airworthiness review certificate........... 471

42.880................... Requirements to be met for extension of airworthiness review certificate                472

42.885................... Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate....................................... 472

42.890................... Requirements to be met by individuals before extending airworthiness review certificate       473

42.895................... How airworthiness review certificate is extended........... 473

Division 42.I.4—Airworthiness review procedure                                   474

42.900................... Airworthiness review procedure..................................... 474

Division 42.I.5—Administration                                                                         476

42.905................... Record of findings of airworthiness review.................... 476

42.910................... Record of corrective action taken.................................... 476

42.915................... Retaining records relating to airworthiness review certificates 476

42.920................... Documents to be sent to CASA and registered operator. 477

42.925................... Notice of decision not to issue airworthiness review certificate               477

Division 42.I.6—Relationship of airworthiness review certificate to certificate of airworthiness         479

42.930................... Relationship with certificate of airworthiness................. 479

Subpart 42.J—Approval of maintenance programs and variations of approved maintenance programs                                                                                                                                    480

Division 42.J.1—Preliminary                                                                               480

42.935................... Purpose of Subpart......................................................... 480

Division 42.J.2—Approval of maintenance programs by continuing airworthiness management organisations                                                                                       481

42.940................... Circumstances in which continuing airworthiness management organisations may approve proposed maintenance program...................................................... 481

42.945................... Requirements for approval of maintenance programs..... 482

42.950................... Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs.................................................... 482

42.955................... Requirements to be met by individuals before approving proposed maintenance programs     483

42.960................... How approval is given.................................................... 483

42.965................... Record‑keeping requirements......................................... 483

Division 42.J.3—Approval of maintenance programs by CASA      485

42.970................... Application to CASA for approval of maintenance programs  485

42.975................... Form of application......................................................... 485

42.980................... Approval of maintenance programs by CASA............... 486

Division 42.J.4—Approval of variations of approved maintenance programs by continuing airworthiness management organisations                           487

42.985................... Circumstances in which continuing airworthiness management organisations may approve proposed variations........................................................................................ 487

42.990................... Requirements to be met for approval of variations of maintenance programs          488

42.995................... Requirements to be met by continuing airworthiness management organisations before approving proposed variations........................................................................ 488

42.1000................. Requirements to be met by individuals before approving proposed variations         489

42.1005................. How approval is given.................................................... 489

42.1010................. Record‑keeping requirements......................................... 490

Division 42.J.5—Approval of variations of approved maintenance programs by CASA           491

42.1015................. Application to CASA for approval of variations of approved maintenance programs             491

42.1020................. Form of application......................................................... 491

42.1025................. Approval of variations by CASA................................... 491

Subpart 42.K—Directions to vary approved maintenance programs 493

42.1030................. Purpose of Subpart......................................................... 493

42.1035................. CASA may direct variations of approved maintenance programs            493

Subpart 42.L—Approval of reliability programs and variations of approved reliability programs      494

Division 42.L.1—Preliminary                                                                              494

42.1040................. Purpose of Subpart......................................................... 494

Division 42.L.2—Approval of reliability programs                                 495

42.1045................. Application for approval of reliability programs............. 495

42.1050................. Approval of reliability programs..................................... 495

Division 42.L.3—Approval of variations of approved reliability programs      496

42.1055................. Application for approval of variations of approved reliability programs  496

42.1060................. Approval of variations of approved reliability programs 496

Subpart 42.M—Requirements for pilots                                                             497

42.1065................. Purpose of Subpart......................................................... 497

42.1070................. Pre‑flight inspection—all aircraft.................................... 497

42.1075................. Recording information in flight technical log—all aircraft 497

Subpart 42.N—Record‑keeping requirements                                                499

42.1080................. Purpose of Subpart......................................................... 499

42.1085................. Requirements for making records made under Part........ 499

42.1090................. Requirements for keeping records made under Part........ 499

42.1095................. Change to records made under Part................................ 499

Subpart 42.O—Copying or disclosing cockpit voice recording information         501

42.1100................. Purpose of Subpart......................................................... 501

42.1105................. Authorisation of persons for paragraph 32AP(3A)(a) of Act  501


Part 1Preliminary

  

  

Table of contents

1.001         Name of Regulations

1.003         Harmonisation with FARs

1.004         Dictionary

1.005         Appendixes

1.006         Status of tables of contents

1.008         Inconsistency between MOS and Act or Regulations

1.001  Name of Regulations

                   These Regulations are the Civil Aviation Safety Regulations 1998.

1.003  Harmonisation with FARs

             (1)  These Regulations contain provisions based on the FARs.

             (2)  An object of these Regulations is to harmonise certain parts of Australia’s aviation safety law with the FARs.

             (3)  The words ‘Source   FARs’ below a regulation indicate that the regulation is based on the section of the FARs, as in force on 1 January 1997, stated after the words and, if the section number is followed by the word ‘modified’, the word indicates that the FARs section has been modified for the regulation.

Example:

21.013        Eligibility

                   Any person is eligible to apply to CASA for a type certificate or type acceptance certificate.

                   Source         FARs section 21.13 modified.

                   The words set out below the regulation in this example indicate that the regulation is based on section 21.13 of the FARs as in force on 1 January 1997 and that the FARs section has been modified for the regulation.

             (4)  If a word or expression is used in both a regulation and the FARs section on which the regulation is based, the meaning of the word or expression in the FARs section may be taken into account in interpreting the word or expression in the regulation, unless the contrary intention appears.

1.004  Dictionary

             (1)  The Dictionary at the end of these Regulations consists of 2 parts.

             (2)  Part 1 contains:

                     (a)  definitions of certain expressions; and

                     (b)  signpost references to expressions that are explained in Part 2 or elsewhere in these Regulations.

Note:          A signpost reference to a definition or an explanation of an expression that is elsewhere than in the Dictionary (for example, ‘ATSO authorisation—see paragraph 21.601(2)(b)’) is not included in the Dictionary unless the definition or explanation of the expression applies outside the regulation in which it occurs. Many expressions are defined for the purposes of a particular Part, Subpart or Division, and signpost references to such definitions are generally not included in the Dictionary.

             (3)  Part 2 consists of numbered clauses that explain certain other expressions otherwise than by means of definitions.

             (4)  Unless the contrary intention appears, the definition or explanation of an expression in these Regulations applies to each use of the expression in these Regulations.

             (5)  The Dictionary is part of these Regulations.

1.005  Appendixes

             (1)  Some provisions have an appendix.

             (2)  An appendix is not numbered separately from the provision to which it is an appendix, but is identified by a heading in the form ‘Appendix to [kind of provision] [number]’.

Example:    An appendix might be headed:

                   Appendix to subparagraph 139.095(a)(i).

             (3)  A provision may have more than 1 appendix, and if a provision has 2 or more appendixes each is identified by a heading in the form ‘Appendix [number] to [kind of provision] [number]’.

             (4)  An appendix to a subregulation, paragraph or subparagraph appears at the end of the regulation that contains the subregulation, paragraph or subparagraph.

             (5)  An appendix may be divided into subsections, and a subsection of an appendix may be divided into paragraphs and subparagraphs, in the same way as a regulation.

             (6)  An appendix to a regulation, or a provision that is part of a regulation, is part of that regulation.

1.006  Status of tables of contents

Tables of contents do not form part of these Regulations.

1.008  Inconsistency between MOS and Act or Regulations

             (1)  In this regulation:

MOS has the same meaning as in Subpart 11.J.

             (2)  If there is an inconsistency between a MOS and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

Note:          A MOS (Manual of Standards) is a document that supports CASR by providing detailed technical material, such as technical specifications or standards. See generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.


Part 11Regulatory administrative procedures

  

Table of contents

Subpart 11.APreliminary

11.005       Purpose of Part

11.010       What is in this Part

11.015       Definitions for Part

11.018       Approval of forms

Subpart 11.BApplications for authorisations

11.020       Effect of this Subpart

11.025       Application of Part 11 to authorised persons

11.026       Application of Part 11 to approved design organisations

11.028       Application of Part 11 to examiners, instructors and approval holders

11.030       When application taken to be complete

11.032       Application for authorisation after previous authorisation cancelled

11.035       Other things CASA can ask applicant to do—test or interview

11.040       Other things CASA can ask applicant to do—provide more information

11.045       Other things CASA can ask applicant to do—demonstrate a service or facility

11.047       Other things CASA can ask applicant to do—statutory declarations to verify applications

11.050       Material that CASA may or must take into account

Subpart 11.BAGranting authorisations etc

11.055       Grant of authorisation

11.056       Authorisation may be granted subject to conditions

11.060       Notice of decision

11.065       When authorisation comes into effect

11.067       Imposing and varying conditions after grant of authorisation

11.068       Conditions imposed on class of authorisations

11.070       Conditions of authorisations—change of name or address

11.071       Conditions of authorisations—change of nationality

11.072       Conditions of authorisations—change of business status

11.073       Conditions of authorisations—notice of death, dissolution etc

11.074       Conditions of authorisations—notice required by CASA

11.075       Conditions of authorisations—provision of information

11.077       Breach of conditions—offence

11.080       Authorisations not transferable

Subpart 11.CAuthorisation documents, certificates and related matters

11.090       Authorisation document—authorisations to which Chicago Convention, Annex 1 applies

11.095       Authorisation document—maintenance operation authorisations

11.100       Registration certificate (Chicago Convention, Annex 7)

11.105       Certificate of Airworthiness (Chicago Convention, Annex 8)

11.110       Authorisation document—other authorisations

11.115       Replacement documents

Subpart 11.DApplications for variation, suspension and cancellation of authorisations

11.120       What Subpart 11.D is about

11.125       Application of Subparts 11.B and 11.BA to variation of authorisation

11.130       Suspension or cancellation of authorisation

11.132       Effect of suspension

Subpart 11.ETime‑limited authorisations

11.135       Purpose of Subpart

11.140       Continuation of authorisation until application decided

11.145       Application of Subparts 11.B and 11.BA

11.150       Conditions on new authorisation

Subpart 11.FExemptions from provisions of these Regulations and Civil Aviation Orders

Division 11.F.1Grant of standard exemptions

11.155       Purpose of Division

11.160       What exemptions can be granted under this Division

11.165       Applications for exemptions

11.170       Consideration of applications

11.175       Renewal of exemptions under this Division

Division 11.F.2Grant of exemptions in exceptional circumstances

11.180       Purpose of Division

11.185       Exemptions in exceptional circumstances

11.190       Application

11.195       Consideration by CASA

Division 11.F.3Exemptions generally

11.200       Purpose of Division

11.205       Conditions

11.210       Offence: failure to comply with condition

11.220       Notice of grant of exemption

11.225       Publication of exemption

11.230       When exemptions cease

11.235       Exemptions not transferable

Subpart 11.GDirections

11.240       Purpose of Subpart

11.245       CASA may issue directions

11.250       Period of effect of direction

11.255       Contravention of direction

Subpart 11.HDelegation of CASA’s powers

11.260       Delegation

Subpart 11.JManuals of Standards—procedures

11.265       Purpose of Subpart

11.267       Application of Subpart to amendment or revocation of Manual of Standards

11.270       Definition—MOS

11.275       Notice of intention to issue Manuals of Standards not required in certain circumstances

11.280       Notice of intention to issue Manuals of Standards

11.285       Comments on draft Manuals of Standards

11.290       CASA to consider comments on draft Manuals of Standards

11.295       Failure to comply with procedures not to affect validity of Manuals of Standards


Subpart 11.APreliminary

  

11.005  Purpose of Part

                   This Part sets out administrative provisions for the regulation of civil aviation, including in relation to:

                     (a)  authorisations; and

                     (b)  exemptions from provisions of these Regulations and the Civil Aviation Orders; and

                     (c)  directions; and

                     (d)  delegation of CASA’s powers; and

                     (e)  the issuing of Manuals of Standards.

11.010  What is in this Part

             (1)  Subpart 11.A contains preliminary matters and definitions.

             (2)  Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations granted under these Regulations.

             (3)  In particular, Subpart 11.B sets out what CASA can or must do in the course of processing an application for such an authorisation, including what documents and matters CASA can or must take into account in making its decision.

          (3A)  Subpart 11.BA contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations.

             (4)  Subpart 11.C provides for the form of authorisation documents and other matters related to such documents.

             (5)  Subpart 11.D is about variation, suspension or cancellation of an authorisation at the holder’s request.

             (6)  Subpart 11.E is about renewal of a time‑limited authorisation.

             (7)  Subpart 11.F is about exemptions from the provisions of these Regulations.

             (8)  Subpart 11.G provides for the issue, by CASA, of temporary directions in relation to matters affecting the safety of air navigation.

             (9)  Subpart 11.H deals with delegation of CASA’s powers under these Regulations.

           (10)  Subpart 11.J sets out the procedure for issuing or amending Manuals of Standards.

11.015  Definitions for Part

                   In this Part:

authorisation means:

                     (a)  a civil aviation authorisation other than:

                              (i)  an AOC; or

                             (ii)  a delegation; or

                            (iii)  the appointment of an authorised person; or

                     (b)  an approval or qualification of a document or thing under these Regulations, other than a material, part, process or appliance to which regulation 21.305A applies; or

                     (c)  a certificate capable of being granted to a person under these Regulations.

Note:          For the definition of civil aviation authorisation, see section 3 of the Act.

corporation means a legal person that is not an individual.

medical includes psychological and psychiatric.

officer, of a corporation, means:

                     (a)  in the case of a corporation that is a company (within the meaning of the Corporations Act 2001), a director, secretary, executive officer or employee of the corporation; or

                     (b)  in the case of a corporation of any other kind:

                              (i)  a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001); or

                             (ii)  an employee or staff member of the corporation; or

                     (c)  a receiver and manager, appointed under a power contained in an instrument, of property of the corporation.

time‑limited authorisation means:

                     (a)  an authorisation that, under another provision of these Regulations, ceases after a particular period; or

                     (b)  an authorisation granted by CASA for a specified period.

11.018  Approval of forms

             (1)  If another provision of these Regulations provides for a document, other than an application for an authorisation, to be in an approved form, CASA may, in writing, approve a form for that document.

             (2)  If, under subregulation (1), CASA has approved a form for a document, the document is not taken to have been completed unless it:

                     (a)  is in the approved form; and

                     (b)  includes all of the information required by the form.

Note:          For the form of an application for an authorisation, see regulation 11.030.

Subpart 11.BApplications for authorisations

  

11.020  Effect of this Subpart

                   The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation.

11.025  Application of Part 11 to authorised persons

                   If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in this Part to CASA includes, in relation to such an application, a reference to the authorised person to whom the application is made.

11.026  Application of Part 11 to approved design organisations

             (1)  If these Regulations allow an application for an authorisation to be made to an approved design organisation, a reference in this Part to CASA includes a reference to the approved design organisation to which the application is made:

                     (a)  in relation to such an application; and

                     (b)  if the organisation grants the authorisation—in relation to the following:

                              (i)  imposing conditions on, and varying conditions of, the authorisation under regulation 11.067;

                             (ii)  the conditions mentioned in regulations 11.070 to 11.074;

                            (iii)  imposing a requirement under regulation 11.074 or 11.075;

                            (iv)  an application for variation of the authorisation under Subpart 11.D.

             (2)  Subregulation (3) applies to an approved design organisation that conducts a certification activity.

             (3)  The following regulations apply to the approved design organisation as if each reference in them to CASA considering the application were a reference to the organisation satisfying itself about the matter to which the certification activity relates:

                     (a)  regulation 11.040 (Other things CASA can ask applicant to do—provide more information);

                     (b)  regulation 11.047 (Other things CASA can ask applicant to do—statutory declarations to verify applications).

             (4)  In this regulation:

certification activity: see regulation 21.233.

11.028  Application of Part 11 to examiners, instructors and approval holders

                   If these Regulations allow an application for an authorisation to be made to an examiner or instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in this Part to CASA includes, in relation to such an application, a reference to the examiner, instructor or approval holder to whom the application is made.

11.030  When application taken to be complete

             (1)  An application for an authorisation is not taken to have been made unless:

                     (a)  it is made in the manner approved by CASA for that purpose; and

                    (aa)  if CASA has approved a form for the application—it is in the approved form and includes all of the information required by the form; and

                     (b)  it includes all the information required by these Regulations; and

                     (c)  it is accompanied by every document required by these Regulations; and

                     (d)  if a fee is payable for the application—that fee has been paid.

Note:          It is an offence to make a false statement in, or supply a false or misleading document with, an application—see the Criminal Code, sections 137.1 and 137.2.

             (2)  If another provision of these Regulations requires a holder of an authorisation to have an approved manual, an application for such an authorisation is not taken to have been made until the applicant gives to CASA a copy of a draft of an appropriate manual.

             (3)  For paragraph (1)(aa), CASA may, in writing, approve a form for an application for an authorisation.

11.032  Application for authorisation after previous authorisation cancelled

             (1)  Subject to subregulation (2), if:

                     (a)  a person who applies for an authorisation at a particular time (the current time) has previously held an authorisation of the same kind (the earlier authorisation); and

                     (b)  the earlier authorisation was cancelled, other than at the request of the holder;

the applicant must include with the application any available evidence to show that the applicant could properly undertake the activity authorised by the authorisation at the current time.

             (2)  For an authorisation mentioned in an item in the following table, subregulation (1) applies only if the authorisation was cancelled for a reason mentioned in the item.

 

Item

Authorisation

Reason for cancellation

1

ATC licence or flight service licence

A reason mentioned in subregulation 65.265(1)

2

Approval as an ARFFS provider

A reason mentioned in subregulation 139.1020(1)

3

Approval as an ATS training provider

A reason mentioned in regulation 143.225

4

Approval as an ATS provider

A reason mentioned in regulation 172.315

11.035  Other things CASA can ask applicant to do—test or interview

             (1)  In this regulation:

test includes a written, oral or on‑line examination and a practical assessment.

             (2)  If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to:

                     (a)  undertake a test of knowledge, skill or competence relevant to the application; or

                     (b)  come to a specified CASA office at a specified time to be interviewed.

             (3)  If CASA reasonably needs to interview or test an officer of an applicant that is a corporation for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may, by written notice, ask the applicant to have the officer:

                     (a)  undertake a test of knowledge, skill or competence relevant to the application; or

                     (b)  come to a specified CASA office at a specified time to be interviewed.

             (4)  The time of interview and the CASA office specified in a notice under paragraph (2)(b) or (3)(b) must be reasonable in the circumstances.

             (5)  CASA must give to the applicant a copy of the record of any test (including the testing officer’s assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (3).

             (6)  However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers.

11.040  Other things CASA can ask applicant to do—provide more information

             (1)  If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request.

             (2)  CASA may ask an applicant to provide evidence as to the applicant’s financial standing and financial capacity if there would be likely to be an adverse effect on the safety of air navigation if the applicant were granted the authorisation applied for and either did not have the resources to carry out the functions of the authorisation or were afterwards unable to continue trading.

             (3)  If CASA asks an applicant:

                     (a)  to provide information or a copy of a document under subregulation (1); or

                     (b)  to provide evidence under subregulation (2);

CASA need not begin to consider, or may stop considering, the application until CASA receives the information, document or evidence.

11.045  Other things CASA can ask applicant to do—demonstrate a service or facility

             (1)  If another provision of these Regulations says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice ask an applicant for an authorisation of that kind:

                     (a)  to give a practical demonstration of its ability to provide the relevant service; or

                     (b)  to demonstrate the operation of a facility or item of equipment to be used in the course of providing the service; or

                     (c)  to allow CASA to inspect any relevant facility or equipment (whether or not it is operating).

             (2)  If CASA asks an applicant to give a demonstration or allow an inspection under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection.

11.047  Other things CASA can ask applicant to do—statutory declarations to verify applications

             (1)  CASA may ask an applicant to verify, by statutory declaration, any statement made by the applicant in an application.

             (2)  If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

11.050  Material that CASA may or must take into account

             (1)  In making a decision on an application, CASA may take into account:

                     (a)  anything in the application or in any other document submitted, or information provided, by the applicant; and

                     (b)  the record or results of any test or interview under regulation 11.035; and

                     (c)  anything else in its records about the applicant; and

                     (d)  the results of any demonstration or inspection under regulation 11.045.

             (2)  However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant):

                     (a)  tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and

                     (b)  invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter.

             (3)  Subject to subregulation (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account.

          (3A)  CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission.

          (3B)  If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

             (4)  When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account:

                     (a)  the fact of the cancellation; and

                     (b)  the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and

                     (c)  any evidence that the applicant submits about the applicant’s capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted.

             (5)  For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if:

                     (a)  where the applicant is an individual (including a member of a partnership)—the applicant was a member or officer of the holder of the authorisation; or

                     (b)  where the applicant is a corporation—an officer of the applicant was a member or officer of the holder of the authorisation.

             (6)  When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.

Subpart 11.BAGranting authorisations etc

  

11.055  Grant of authorisation

             (1)  This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act.

Note 1:       Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person.

Note 2:       Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 3:       Under section 30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 4:       Under section 30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice.

          (1A)  Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if:

                     (a)  the person meets the criteria specified in these Regulations for the grant of the authorisation; and

                     (b)  any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and

                     (c)  any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and

                     (d)  these Regulations do not forbid CASA granting the authorisation in the particular case; and

                     (e)  granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.

          (1B)  If another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if:

                     (a)  the requirements of paragraphs (1A)(a) to (d) are satisfied; and

                     (b)  granting the authorisation will preserve a level of aviation safety that is at least acceptable.

          (1C)  If the authorisation is an experimental certificate, CASA may grant the authorisation only if:

                     (a)  the requirements of paragraphs (1A)(a) to (d) are satisfied; and

                     (b)  granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.

             (2)  In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual):

                     (a)  having any qualifications required by or under these Regulations for the grant of the authorisation; and

                     (b)  having any experience required by or under these Regulations for that grant; and

                     (c)  having successfully completed any training required by or under these Regulations for that grant; and

                     (d)  if there is a requirement as to recency or currency of the applicant’s training or experience—meeting that requirement; and

                     (e)  if a standard of medical fitness is required by or under these Regulations for that grant:

                              (i)  having attained that standard; and

                             (ii)  having been granted any medical certificate required; and

                      (f)  if particular attributes of character are required by or under these Regulations for that grant—having those attributes; and

                     (g)  if a standard of proficiency in an activity is required by or under these Regulations for that grant—meeting that standard of proficiency.

             (3)  If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.

             (4)  For paragraphs (1A)(e) and (1B)(b), CASA may take into account:

                     (a)  the applicant’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

                     (b)  the applicant’s demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

                     (c)  the applicant’s experience (if any) in aviation; and

                     (d)  the applicant’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and

                     (e)  the applicant’s history, if any, of serious behavioural problems; and

                      (f)  any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and

                     (g)  any evidence held by CASA that the applicant has contravened:

                              (i)  the Act or these Regulations; or

                             (ii)  a law of another country relating to aviation safety; or

                            (iii)  another law (of Australia or of another country) relating to transport safety; and

                     (h)  in the case of an authorisation referred to in subregulation 11.040(2), the applicant’s financial standing and financial stability; and

                      (i)  any other matter relating to the fitness of the applicant to hold the authorisation.

             (5)  For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant.

             (6)  For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership.

             (7)  CASA may grant the authorisation in respect of only some of the matters sought in the application.

11.056  Authorisation may be granted subject to conditions

             (1)  CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary:

                     (a)  for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

                   (ab)  for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

                    (ac)  for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water; or

                     (b)  to ensure that, as far as practicable, the environment is protected from:

                              (i)  the effects of the operation and use of aircraft; and

                             (ii)  the effects associated with the operation and use of aircraft.

Note:          Other conditions applicable to authorisations are set out in these Regulations—see in particular regulations 11.070 to 11.075.

             (2)  A condition imposed under this regulation must be set out in the authorisation.

11.060  Notice of decision

             (1)  After making a decision on an application, CASA must give the applicant written notice of the decision, including:

                     (a)  if the decision was to grant the authorisation applied for:

                              (i)  if these Regulations provide for a certificate or other document to be issued to the applicant as evidence that he or she holds the authorisation—that document; and

                             (ii)  if the decision included a decision to impose a condition that was not sought by the applicant—the reasons for the decision; or

                     (b)  if the decision was to refuse to grant the authorisation—the reasons for the decision.

Note:          Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal—see section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 27A of the Administrative Appeals Tribunal Act 1975 requires that a person affected by a reviewable decision be given notice of the existence of the right of review.

             (2)  A notice or document mentioned in subregulation (1) may state the date on which the authorisation comes into effect.

             (3)  The date must not be before the date of the notice or document.

             (4)  A failure by CASA to comply with subparagraph (1)(a)(ii) or paragraph (1)(b) in relation to a decision does not invalidate the decision.

11.065  When authorisation comes into effect

                   An authorisation comes into effect:

                     (a)  on a day stated for that purpose in a document that is evidence of the holding of the authorisation, or in any relevant notice under subregulation 11.060(1); or

                     (b)  if no day is so stated—on the date of the document or notice.

Note:          Some kinds of authorisation continue indefinitely unless cancelled. Others cease (unless sooner cancelled) at a time set by another provision of these Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA, subject to a maximum duration.

11.067  Imposing and varying conditions after grant of authorisation

             (1)  After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.

          (1A)  CASA may impose or vary a condition only if CASA considers that it is necessary:

                     (a)  for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

                     (b)  for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

                     (c)  for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.

             (2)  If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.

             (3)  The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation.

             (4)  If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:

                     (a)  for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

                     (b)  for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

                     (c)  for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.

             (5)  If:

                     (a)  after the end of the period specified under subregulation (3); and

                     (b)  having taken account of any submission made by the holder within that period;

CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition.

             (6)  CASA must give the holder of the authorisation written notice of its decision.

             (7)  A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice.

             (8)  This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068.

11.068  Conditions imposed on class of authorisations

             (1)  For subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations.

             (2)  The class of authorisations may include authorisations granted before the imposition of the condition.

             (3)  A condition imposed by a legislative instrument issued under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument.

             (4)  A condition imposed by a legislative instrument issued under subregulation (1) takes effect:

                     (a)  for an authorisation that takes effect before the day on which the instrument comes into force:

                              (i)  when the instrument comes into force; or

                             (ii)  if a later time is stated in the instrument—at that time; and

                     (b)  for an authorisation granted on or after the day on which the instrument comes into force:

                              (i)  when the authorisation comes into effect; or

                             (ii)  if a later time is stated in the instrument—at that time.

11.070  Conditions of authorisations—change of name or address

             (1)  It is a condition of an authorisation that its holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of either of the following kinds:

                     (a)  the holder changes his, her or its name;

                     (b)  the holder changes any of the following addresses:

                              (i)  if the holder is an individual—his or her residential address;

                             (ii)  if the holder is a corporation—the address of its registered office;

                            (iii)  if the holder has given CASA an address to which notices may be sent—that address;

                            (iv)  any other address that was required to be stated in the application for the authorisation.

             (2)  A person commits an offence if:

                     (a)  the person is the holder of an authorisation; and

                     (b)  a change mentioned in paragraph (1)(a) or (b) happens in relation to the person; and

                     (c)  the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty:  50 penalty units.

             (3)  The period is:

                     (a)  within 14 days after the change happens; or

                     (b)  if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.

             (4)  An offence against subregulation (2) is an offence of strict liability.

11.071  Conditions of authorisations—change of nationality

             (1)  It is a condition of an authorisation upon which is noted the nationality of its holder that the holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of his or her nationality.

Note:          The holder’s nationality is noted on a flight crew licence and aircraft maintenance engineer licence. This requirement is imposed by ICAO.

             (2)  A person commits an offence if the person:

                     (a)  is the holder of an authorisation on which is noted his or her nationality; and

                     (b)  changes his or her nationality; and

                     (c)  does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty:  50 penalty units.

             (3)  The period is:

                     (a)  within 14 days after the change happens; or

                     (b)  if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.

             (4)  An offence against subregulation (2) is an offence of strict liability.

11.072  Conditions of authorisations—change of business status

             (1)  It is a condition of an authorisation used in connection with an aviation‑related activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation (3):

                     (a)  if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territory—the holder changes that name, ceases to use that name, or begins to use another name;

                     (b)  the person changes the place at which he or she carries on the business;

                     (c)  the holder ceases to be entitled to occupy the premises from which he or she carries on the business;

                     (d)  the holder ceases temporarily or permanently to carry on the business;

                     (e)  if the holder is an individual—the holder:

                              (i)  is declared bankrupt; or

                             (ii)  enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966; or

                            (iii)  applies to take the benefit of any other law for the protection of debtors; or

                            (iv)  becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months;

                      (f)  if the holder is a member of a partnership—an event mentioned in paragraph (e) happens to any of the members;

                     (g)  if the holder is a corporation:

                              (i)  the holder:

                                        (A)  becomes an externally‑administered body corporate (within the meaning given by section 9 of the Corporations Act 2001); or

                                        (B)  applies to take the benefit of any other law for the protection of insolvent corporations; or

                             (ii)  an event mentioned in paragraph (e) happens to any of the holder’s key personnel.

             (2)  A person commits an offence if:

                     (a)  the person is the holder of an authorisation; and

                     (b)  the person uses the authorisation in connection with an aviation‑related activity of a business; and

                     (c)  a change mentioned in subregulation (1) happens in relation to the person; and

                     (d)  the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty:  50 penalty units.

             (3)  The period is:

                     (a)  within 14 days after the change happens; or

                     (b)  if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.

             (4)  An offence against subregulation (2) in relation to a change mentioned in paragraph (1)(a), (b), (c) or (d), subparagraph (1)(e)(i), (ii) or (iii) or subparagraph (1)(g)(i) is an offence of strict liability.

             (5)  In this regulation:

key personnel, in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation.

11.073  Conditions of authorisations—notice of death, dissolution etc

             (1)  It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members must tell CASA in writing within a reasonable period after the member’s death.

             (2)  It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member must tell CASA in writing within 14 days after the partnership is dissolved.

             (3)  It is a condition of an authorisation held by a corporation that, if the corporation is placed in liquidation, the liquidator must tell CASA in writing within 14 days after the corporation is placed in liquidation.

             (4)  A person commits an offence if:

                     (a)  he or she is the liquidator of a corporation that holds an authorisation; and

                     (b)  he or she does not, within 14 days after the corporation is placed in liquidation, tell CASA, in writing, that the corporation has been placed in liquidation.

Penalty:  50 penalty units.

             (5)  It is a condition of an authorisation held by a corporation that, if the corporation is placed in administration, the administrator must tell CASA in writing within 14 days after the corporation is placed in administration.

             (6)  A person commits an offence if:

                     (a)  he or she is the administrator of a corporation that holds an authorisation; and

                     (b)  he or she does not, within 14 days after the corporation is placed in administration, tell CASA, in writing, that the corporation has been placed in administration.

Penalty:  50 penalty units.

             (7)  An offence against subregulation (4) or (6) is an offence of strict liability.

11.074  Conditions of authorisations—notice required by CASA

             (1)  Subject to subregulation (2), CASA may, by written notice given to the holder of an authorisation, require the holder to notify CASA of the happening of an event specified in the notice within a specified period.

             (2)  An event specified in the notice must be an event that CASA is satisfied might adversely affect the carrying out of the activity authorised by the authorisation.

             (3)  It is a condition of the authorisation that the holder must comply with the notice.

             (4)  A person commits an offence if:

                     (a)  the person is the holder of an authorisation; and

                     (b)  under subregulation (1), CASA requires the person to notify CASA of the happening of an event within a specified period; and

                     (c)  the event happens; and

                     (d)  the person does not tell CASA, in writing, of the event within the specified period.

Penalty:  50 penalty units.

             (5)  Strict liability applies to paragraph (4)(d).

11.075  Conditions of authorisations—provision of information

             (1)  CASA may, by written notice, require the holder of an authorisation to give CASA specified information, or a specified document, that relates to the activity, document or thing to which the authorisation relates.

             (2)  It is a condition of an authorisation that its holder must comply with a notice given under subregulation (1):

                     (a)  within 14 days after receiving the notice; or

                     (b)  if a different period is specified in the notice—within that period.

             (3)  A person commits an offence if:

                     (a)  the person is the holder of an authorisation; and

                     (b)  CASA requires the person, under subregulation (1), to give CASA information or a document; and

                     (c)  the person does not give CASA the information or document:

                              (i)  within 14 days after receiving the notice; or

                             (ii)  if a different period is specified in the notice—within that period.

Penalty:  50 penalty units.

             (4)  Strict liability applies to paragraph (3)(c).

11.077  Breach of conditions—offence

             (1)  A person commits an offence if:

                     (a)  the person holds an authorisation that is subject to a condition imposed under regulation 11.056, 11.067 or 11.068; and

                     (b)  the person contravenes the condition.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

11.080  Authorisations not transferable

                   An authorisation is not transferable, unless a provision in these Regulations provides otherwise.

Note:          For authorisations that are transferable, see the following provisions:

(a)    regulation 21.047 (type certificates);

(b)    regulation 21.179 (certificates of airworthiness);

(c)    regulation 21.219 (Class II provisional certificates of airworthiness);

(d)    regulation 21.450 (modification/repair design approvals and approvals under regulation 21.475).

Subpart 11.CAuthorisation documents, certificates and related matters

  

11.090  Authorisation document—authorisations to which Chicago Convention, Annex 1 applies

             (1)  This regulation applies to an authorisation to which Annex 1, Personnel Licensing, to the Chicago Convention applies.

             (2)  The authorisation must comply with Chapter 5 of that Annex.

11.095  Authorisation document—maintenance operation authorisations

             (1)  This regulation applies to a maintenance operation authorisation (within the meaning given by Annex 6, Operation of Aircraft, to the Chicago Convention).

             (2)  The authorisation must comply with paragraph 8.7.1.2 of that Annex.

11.100  Registration certificate (Chicago Convention, Annex 7)

             (1)  This regulation applies to a certificate of registration for an aircraft.

             (2)  The certificate must be in a form that complies with section 7.1 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention.

11.105  Certificate of Airworthiness (Chicago Convention, Annex 8)

             (1)  This regulation applies to a certificate of airworthiness for an aircraft.

             (2)  The certificate must be in a form that complies with section 7 of Annex 8, Airworthiness of Aircraft, to the Chicago Convention.

11.110  Authorisation document—other authorisations

             (1)  This regulation applies to an authorisation to which none of regulations 11.090 to 11.105 apply.

             (2)  The authorisation must set out:

                     (a)  what the authorisation is; and

                     (b)  any conditions applicable to it; and

                     (c)  when it came into effect, and, if it will cease (either under a provision of these Regulations or on a day set by CASA) if not sooner cancelled—the day when it will cease; and

                     (d)  any other information CASA thinks should be included.

11.115  Replacement documents

                   CASA may issue a replacement authorisation document in place of one:

                     (a)  that contains anything that is not, or is no longer, correct; or

                     (b)  from which anything has been omitted; or

                     (c)  that has been lost or destroyed.

Subpart 11.DApplications for variation, suspension and cancellation of authorisations

  

11.120  What Subpart 11.D is about

                   This Subpart provides for applications that may be made by the holder of an authorisation for:

                     (a)  the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or

                     (b)  the suspension or cancellation of the authorisation.

Note:          See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons.

11.125  Application of Subparts 11.B and 11.BA to variation of authorisation

          (1A)  The holder of an authorisation may apply, in writing, for a variation of the authorisation.

          (1B)  The application may be made to a person to whom the application for the authorisation could have been made.

             (1)  Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an authorisation as if each reference in Subpart 11.B to an application for an authorisation were a reference to an application to vary the authorisation.

             (2)  However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed.

             (3)  Regulations 11.055, 11.056, 11.060 and 11.065 apply to a variation of an authorisation as if each reference in those regulations to an authorisation were a reference to a variation of an authorisation.

11.130  Suspension or cancellation of authorisation

             (1)  The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled.

          (1A)  CASA must, by written notice to the holder, suspend or cancel the authorisation.

             (2)  Suspension or cancellation under this Subpart has effect:

                     (a)  at the time the holder specifies in the application as the time for the suspension or cancellation to have effect; or

                     (b)  if the holder does not specify such a time—when the holder is given written notice by CASA of the suspension or cancellation.

             (3)  Suspension of an authorisation under this Subpart ceases to have effect:

                     (a)  at the time, if any, that the holder specifies in the application as the time that the suspension is to cease to have effect; or

                     (b)  if the holder does not specify a time for that purpose—at the time CASA directs, by written notice to the holder.

11.132  Effect of suspension

             (1)  If a person’s authorisation is suspended under this Subpart:

                     (a)  the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and

                     (b)  the authorisation is not in force during the period of suspension.

             (2)  If a time‑limited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run.

Subpart 11.ETime‑limited authorisations

  

11.135  Purpose of Subpart

                   This Subpart sets out provisions relating to time‑limited authorisations.

11.140  Continuation of authorisation until application decided

             (1)  This regulation applies in relation to a time‑limited authorisation (the old authorisation) if:

                     (a)  at least:

                              (i)  in the case of an authorisation held by a corporation, 90 days; or

                             (ii)  in any other case, 21 days;

                            before the time when the old authorisation would otherwise cease, its holder applies to CASA for the issue of a new time‑limited authorisation that confers the same privileges, or authorises the holder to carry out the same functions or duties, as the old authorisation; and

                     (b)  at the time when the old authorisation would otherwise cease, CASA has not made a decision on the application.

             (2)  For subregulation (1), an applicant has applied for the new authorisation only if:

                     (a)  the applicant has given to CASA the necessary application, in the form required by these Regulations; and

                     (b)  the application is taken to be complete, in accordance with regulation 11.030; and

                     (c)  the applicant has given to CASA any other documents required by these Regulations to be given to CASA with the application.

Note:          The applicant does not need to give to CASA information or a document that CASA already has—see regulation 11.145.

             (3)  In spite of any other provision of these Regulations, but subject to subregulation (4), the old authorisation continues in force until:

                     (a)  CASA makes a decision on the application; and

                     (b)  if the decision is to grant the new authorisation—the new authorisation comes into force.

             (4)  If CASA asks for further information or a document or invites the applicant to make a submission, under a provision of Subpart 11.B as applied by regulation 11.145, and the applicant does not do so within the period specified by CASA under that provision, then, despite subregulation (3), the old authorisation is taken to cease at the end of that period.

11.145  Application of Subparts 11.B and 11.BA

             (1)  Subparts 11.B and 11.BA apply to an application referred to in paragraph 11.140(1)(a).

             (2)  However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed.

             (3)  If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in Subpart 11.B or 11.BA or this Subpart to CASA includes, in relation to an application mentioned in paragraph 11.140(1)(a), an authorised person to whom such an application is made.

11.150  Conditions on new authorisation

                   Unless another provision of these Regulations says otherwise, if CASA grants the new authorisation, CASA is not obliged:

                     (a)  to impose the same conditions, restrictions or limitations on the new authorisation as applied to the old one; or

                     (b)  to grant the new authorisation for the same duration as for the old one.

Subpart 11.FExemptions from provisions of these Regulations and Civil Aviation Orders

Division 11.F.1Grant of standard exemptions

11.155  Purpose of Division

                   This Division provides for the granting of exemptions from particular provisions of these Regulations or the Civil Aviation Orders.

Note:          Division 11.F.2 provides separately for exemptions in exceptional circumstances, such as a natural disaster.

11.160  What exemptions can be granted under this Division

             (1)  For subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption under this Division from compliance with:

                     (a)  a provision of these Regulations; or

                     (b)  a provision of a Civil Aviation Order;

in relation to a matter mentioned in that subsection.

             (2)  CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

             (3)  CASA may grant an exemption under this Division either on application or on its own initiative.

Note 1:       For the application of the Legislative Instruments Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2:       For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

Note 3:       Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms—see subregulation 202.011(2).

11.165  Applications for exemptions

             (1)  A person may apply to CASA, in accordance with this regulation, for an exemption under this Division.

             (2)  The application must be in writing.

             (3)  The application must set out:

                     (a)  the applicant’s name and address; and

                     (b)  details of any relevant authorisation; and

                     (c)  references to the relevant provisions of these Regulations; and

                     (d)  details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and

                     (e)  if the exemption will affect a particular kind of operation, the kind of operation; and

                      (f)  the reasons why the exemption is necessary; and

                     (g)  details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and

                     (h)  the date on which the applicant requires the exemption to commence; and

                      (i)  how long the applicant requires the exemption to remain in effect.

             (4)  Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence.

11.170  Consideration of applications

             (1)  Regulations 11.035 to 11.050 apply in relation to an application under this Division.

             (2)  For that application, a reference to an authorisation is taken to be a reference to an exemption.

             (3)  In making its decision, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount.

11.175  Renewal of exemptions under this Division

             (1)  CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person:

                     (a)  applies, in accordance with regulation 11.165, for the new exemption; and

                     (b)  includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary.

             (2)  Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1).

             (3)  For that application, a reference to an authorisation is taken to be a reference to an exemption.

             (4)  In making its decision, CASA must:

                     (a)  take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and

                     (b)  regard the preservation of a level of aviation safety that is at least acceptable as paramount.

Division 11.F.2Grant of exemptions in exceptional circumstances

11.180  Purpose of Division

                   This Division provides for the granting of exemptions in exceptional circumstances.

11.185  Exemptions in exceptional circumstances

             (1)  For subsection 98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with:

                     (a)  a provision of these Regulations; or

                     (b)  a provision of a Civil Aviation Order;

in relation to a matter mentioned in that subsection.

             (2)  In subregulation (1):

exceptional circumstances means the circumstances of a major natural disaster, or some other large‑scale emergency, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations.

Example:    Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible.

             (3)  To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared.

             (4)  CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

             (5)  CASA may grant an exemption under this Division either on application or on its own initiative.

Note 1:       For the application of the Legislative Instruments Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2:       For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

Note 3:       Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms—see subregulation 202.011(2).

11.190  Application

                   An application for an exemption under this Division may be made in any way that is reasonable in the circumstances.

11.195  Consideration by CASA

                   In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances.

Division 11.F.3Exemptions generally

11.200  Purpose of Division

                   This Division sets out general provisions applying to exemptions under this Subpart.

11.205  Conditions

             (1)  CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation.

             (2)  The condition must be set out in the instrument of exemption.

11.210  Offence: failure to comply with condition

             (1)  If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation.

Penalty:  50 penalty units.

             (2)  A contravention of subregulation (1) is an offence of strict liability.

11.220  Notice of grant of exemption

             (1)  In the case of an exemption that was applied for, CASA must give written notice to the applicant of:

                     (a)  its decision; and

                     (b)  if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant—the reasons for the decision.

             (2)  In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.

11.225  Publication of exemption

                   CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart.

Note:          The Internet address for CASA’s website is http://www.casa.gov.au.

11.230  When exemptions cease

             (1)  An exemption under Division 11.F.1 ceases:

                     (a)  at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

                     (b)  if no day is specified for that purpose in the instrument—3 years after it commences.

             (2)  An exemption under Division 11.F.2 ceases:

                     (a)  at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

                     (b)  if no day is specified for that purpose in the instrument—12 months after it commences.

             (3)  If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person.

11.235  Exemptions not transferable

                   An exemption under this Subpart is not transferable.

Subpart 11.GDirections

  

11.240  Purpose of Subpart

                   This Subpart provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation.

11.245  CASA may issue directions

             (1)  For subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting:

                     (a)  the safe navigation and operation of aircraft; or

                     (b)  the maintenance of aircraft; or

                     (c)  the airworthiness of, or design standards for, aircraft.

Note 1:       For the application of the Legislative Instruments Act 2003 to an instrument containing a direction under this regulation, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2:       See also Part 39 in relation to CASA’s powers to issue airworthiness directives.

             (2)  However, CASA may issue such a direction:

                     (a)  only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and

                     (b)  only if the direction is not inconsistent with the Act; and

                     (c)  only for the purposes of CASA’s functions.

Note:          CASA’s functions are set out in section 9 of the Act.

11.250  Period of effect of direction

                   A direction under regulation 11.245 ceases to be in force:

                     (a)  if it specifies a day on which it ceases to be in force—on the specified day; or

                     (b)  if it does not specify a day for that purpose—1 year after the day it commences.

11.255  Contravention of direction

             (1)  A person must not contravene a direction under regulation 11.245 that is applicable to the person.

Penalty:  50 penalty units.

             (2)  A contravention of subregulation (1) is an offence of strict liability.

Subpart 11.HDelegation of CASA’s powers

  

11.260  Delegation

             (1)  The Director may, by written instrument, delegate to an officer a power of CASA under these Regulations.

          (1A)  The Director may, by written instrument, delegate to a person a power of CASA under these Regulations for, or in connection with, the performance of a function conferred on CASA under subsection 9(1) of the Act.

             (2)  However, the following powers of CASA must be exercised by the Director personally:

                     (b)  the power to issue a type acceptance certificate subject to a condition under subregulation 21.029B(2);

                     (c)  the power to refuse to issue a type acceptance certificate under subregulation 21.029C(1);

                     (d)  the power to suspend or cancel a type acceptance certificate under subregulation 21.051(4).

             (3)  A delegation may be subject to conditions stated in the instrument of delegation.

             (4)  A delegate is subject to any written direction of the Director in the exercise of a power, or the performance of a function, delegated under this regulation.

Note:          Despite the repeal of regulation 7 of CAR, a delegation given under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its terms—see subregulation 202.010(1A).

Subpart 11.JManuals of Standards—procedures

  

11.265  Purpose of Subpart

                   This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards.

Note:          Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards. Manuals of Standards are legislative instruments and are subject to registration and disallowance under the Legislative Instruments Act 2003.

11.267  Application of Subpart to amendment or revocation of Manual of Standards

                   The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as the procedures apply to the issue of a MOS.

11.270  Definition—MOS

                   In this Subpart:

MOS means Manual of Standards.

11.275  Notice of intention to issue Manuals of Standards not required in certain circumstances

             (1)  CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that:

                     (a)  it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or

                     (b)  the MOS is required to give effect to a specific undertaking given by the Minister; or

                     (c)  the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

                     (d)  the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or

                     (e)  following the procedures would endanger aviation security or be otherwise contrary to the public interest.

             (2)  If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the Internet within 28 days after the determination is made.

Note:          The URL for CASA’s web site is http://www.casa.gov.au.

             (3)  If CASA issues a MOS on the basis of a determination under paragraph (1)(a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the Internet a notice about the MOS giving the information set out in paragraphs 11.280(2)(a) to (d).

Note:          Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

             (4)  Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS.

11.280  Notice of intention to issue Manuals of Standards

             (1)  If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the Internet.

Note 1:       The URL for CASA’s web site is http://www.casa.gov.au.

Note 2:       Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

             (2)  A notice must include the following information about the draft MOS:

                     (a)  its title and a description of its contents;

                     (b)  how to obtain a copy of it;

                     (c)  the period during which comments on it may be lodged;

                     (d)  how comments are to be made and lodged.

             (3)  Subject to subregulation (4), for paragraph (2)(c), the period must be reasonable in the circumstances but not less than 28 days.

             (4)  For paragraph (2)(c), the period during which comments on an amendment of a MOS that is of a minor or machinery nature may be lodged must be reasonable in the circumstances but not less than 14 days.

11.285  Comments on draft Manuals of Standards

                   A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS.

11.290  CASA to consider comments on draft Manuals of Standards

                   Before issuing a MOS, CASA:

                     (a)  must consider any comments it has received on the draft MOS; and

                     (b)  may consult with any person on issues arising out of the comments.

11.295  Failure to comply with procedures not to affect validity of Manuals of Standards

             (1)  A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS.

             (2)  However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275(1)(a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280.

             (3)  Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS.

Part 13Enforcement procedures

Note:          Subparts 13.A to 13.J are reserved for future use.

Subpart 13.KVoluntary reporting and demerit points schemes

Division 13.K.1Aviation Self Reporting Scheme

13.320  Definitions

                   In this Division:

Aviation Self Reporting Scheme or ASRS means the voluntary reporting scheme established under subregulation 13.335(1) for reporting reportable contraventions.

Executive Director means the person for the time being holding, occupying or performing the duties of the position of Executive Director of Transport Safety Investigation referred to in section 12 of the Transport Safety Investigation Act 2003.

13.325  Contraventions that are not reportable

                   For the purposes of paragraph (d) of the definition of reportable contravention in section 30DL of the Act, contraventions of the following provisions of CAR are prescribed:

                     (a)  regulation 282;

                     (b)  subregulation 288(2);

                     (c)  regulation 298A;

                     (d)  regulation 298B;

                     (e)  regulation 298C;

                      (f)  regulation 301;

                     (g)  regulation 302;

                     (h)  subregulation 305(1A).

13.330  Prescribed person (Act s 30DM)

                   For the purposes of Division 3C (Protection from administrative action for voluntary reporting) of Part III of the Act, the Executive Director is prescribed.

13.335  Establishment and purposes of scheme (Act s 30DN)

             (1)  There is established a scheme (to be known as the Aviation Self Reporting Scheme) for the voluntary reporting of reportable contraventions.

             (2)  The scheme is to be administered by the Executive Director.

             (3)  The purposes of the scheme are:

                     (a)  to enable holders of civil aviation authorisations to voluntarily report reportable contraventions without administrative action being taken against them; and

                     (b)  to strengthen the foundation of aviation human factors safety research; and

                     (c)  to identify deficiencies and problems in the Australian aviation safety system; and

                     (d)  to provide data for planning and improvements to the Australian aviation safety system.

13.340  Powers and functions of Executive Director

                   Without limiting the generality of the powers and functions of the Executive Director as administrator of ASRS, the Executive Director has the following powers and functions:

                     (a)  to process and accept reports;

                     (b)  to give receipts for reports;

                     (c)  to review information contained in reports in order to identify potential safety deficiencies and lessen the likelihood of accidents and serious incidents;

                     (d)  to issue information briefs or alert bulletins that the Executive Director considers are necessary in the interests of aviation safety;

                     (e)  to publish details of reviews made under paragraph (c).

Note:          Regulation 13.360 affects the powers and functions of the Executive Director relating to information contained in reports.

13.345  Manner in which reports to be made (Act s 30DN(2)(b))

             (1)  A holder of a civil aviation authorisation who has committed a reportable contravention may make a written report of the reportable contravention under ASRS.

             (2)  The report must be made to the Executive Director, in a form approved by the Executive Director, not later than 10 days after the reportable contravention.

             (3)  The report must include the following information:

                     (a)  the name, postal address and daytime telephone number of the authorisation holder making the report;

                     (b)  if applicable—the Aviation Reference Number of the authorisation holder;

                     (c)  the class or classes of civil aviation authorisation held by the authorisation holder;

                     (d)  the time, date, place and nature of the contravention;

                     (e)  a description of the circumstances of the contravention;

                      (f)  so far as is practicable, the regulations contravened by the authorisation holder.

Note 1:       A copy of the approved form is available from ATSB’s website (http://www.atsb.gov.au) or by contacting 1‑800‑020‑505.

Note 2:       A report made by an authorisation holder under this regulation does not satisfy the reporting obligations under:

(a)    the Transport Safety Investigation Act 2003; or

(b)    any other provision of these Regulations relating to the reporting of defects or service difficulties on aircraft or aeronautical products.

13.350  Processing of reports

             (1)  A report purportedly made in accordance with regulation 13.345 must be accepted by the Executive Director, unless it appears on the face of the report that the contravention for which the report is made is not a reportable contravention.

Note:          Under section 30DL of the Act, the following contraventions are not reportable contraventions:

(a)    a contravention of these Regulations that is deliberate;

(b)    a contravention of these Regulations that is fraudulent;

(c)    a contravention of these Regulations that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported);

(d)    a contravention of a regulation prescribed under regulation 13.325.

             (2)  If the Executive Director accepts a report, the Executive Director must:

                     (a)  ensure that the report is given a unique receipt number and stamped, on the front page, with the receipt number and the date when the report was made; and

                     (b)  give to the holder of a civil aviation authorisation who made the report a receipt that sets out:

                              (i)  the authorisation holder’s name; and

                             (ii)  the date the report was made; and

                            (iii)  the date and nature of the contravention; and

                     (c)  having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and

                     (d)  return the report to the authorisation holder who made the report.

             (3)  If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder.

13.355  Reports relating to unlawful interference

                   If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, ‘International Civil Aviation Vocabulary’, as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department.

13.360  Use of information contained in reports (Act s 30DN(2)(c))

             (1)  The Executive Director must not keep a copy of a report made under ASRS.

             (2)  The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS.

             (3)  Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3).

13.365  Delegation by Executive Director

             (1)  The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division.

             (2)  In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director.

Division 13.K.2Demerit points scheme

13.370  Offences to which demerit points scheme applies (Act s 30DT)

             (1)  All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies.

             (2)  The number of points that are incurred in relation to an offence to which that Division applies are as follows:

                     (a)  if the maximum penalty for the offence is 10 penalty units or less—1 demerit point;

                     (b)  if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units—2 demerit points;

                     (c)  if the maximum penalty for the offence is 26 penalty units or more—3 demerit points.

13.375  Classes of civil aviation authorisations

                   For the purposes of section 30DU of the Act, a civil aviation authorisation mentioned in column 2 of an item in table 13.375 belongs to the class of civil aviation authorisation mentioned in column 3 of the item.

Table 13.375          Classes of civil aviation authorisations

Column 1

Item

Column 2

Particular civil aviation authorisations

Column 3

Class of civil aviation authorisation

1

a certificate issued under section 27 of the Act

Air operator certificate

2

a certificate issued under Part 47 of CASR

Certificate of registration

3

a certificate issued under regulation 30 of CAR

Certificate of approval

4

an aircraft engineer licence

Authorisation to perform maintenance certification and issue certificate of release to service

4A

an authority mentioned in regulation 33B or 33C of CAR

Maintenance authority

5

a licence referred to in paragraph 5.08(b) of CAR

Flight radiotelephone licence

6

a licence referred to in paragraph 5.08(a) of CAR or a pilot licence

Pilot licence

7

a flight engineer licence

Flight engineer licence

8

a certificate issued under Part 6 of CAR or Part 67 of CASR

Medical certificate

9

a licence or authorisation issued under Part 65 of CASR

Air traffic control licence

10

a certificate issued under Subpart 101.F of CASR

UAV certificate

11

(a) a certificate issued under Subpart 139.B of CASR

(b) a registration granted under Subpart 139.C of CASR

Aerodrome certificate

12

an approval granted under Subpart 139.H of CASR

ARFFS approval

12A

an approval granted under regulation 141.035 or 142.040

Flying training authorisation

12B

a certificate issued under regulation 141.060 or 142.110

Flying training authorisation

13

an approval granted under Part 143 or 172 of CASR

ATS approval

14

an approval granted under Part 171 of CASR

Aeronautical telecommunication and radionavigation provider approval

15

a certificate or authorisation issued under Part 173 of CASR

Instrument flight procedure approval

13.380  Effect of subsequent suspension or cancellation in certain situations (Act s 30DV)

                   If:

                     (a)  a civil aviation authorisation is cancelled (the earlier cancellation); and

                     (b)  if there had been no earlier cancellation, a subsequent suspension or cancellation under Division 3D of Part III of the Act would have had effect in relation to the authorisation; and

                     (c)  the earlier cancellation is later set aside by the Administrative Appeals Tribunal;

the subsequent suspension or cancellation has effect, in relation to the civil aviation authorisation, on the day immediately following the day when the Administrative Appeals Tribunal set aside the earlier cancellation.


Part 21Certification and airworthiness requirements for aircraft and parts

  

Table of contents

Subpart 21.AGeneral

21.001       Applicability

21.001A    Definition for Subpart

21.002C    Suspension or cancellation of an instrument

21.002D    Show cause notices

21.002E    Cancellation of certain certificates

21.003       Reporting failures, malfunctions, and defects

21.005       Manufacturers etc to provide aircraft flight manuals for certain aircraft

21.006       Approval of aircraft flight manuals

21.006A    Approval of changes to aircraft flight manuals

21.007       Permissible unserviceabilities

21.007A    Advice about major damage

21.008       Meaning of technical data

21.009       Approval of technical data

21.010       References to modifications and repairs in Part

21.010A    References to the national aviation authority of a recognised country

21.010B    Definition of recognised country

21.010C    References to countries with which Australia has agreements

Subpart 21.BType certificates and type acceptance certificates

21.011       Applicability

21.013       Eligibility

21.013A    Issue of type certificate

21.014       Recognition of foreign certification

21.015       Application for type certificate

21.016       Special standards and other conditions on type certificates

21.017       Designation of applicable airworthiness standards

21.019       Changes requiring a new type certificate

21.021       Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

21.024       Type certificate: primary category aircraft

21.025       Issue of type certificate: restricted category aircraft

21.026       Type certificate: intermediate category aircraft

21.027       Type certificate: surplus aircraft of the Armed Forces

21.029       Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country

21.029A    Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country

21.029B    Issue of type acceptance certificates subject to conditions

21.029C    Refusal to issue type acceptance certificate

21.031       Type design—meaning

21.033       Inspection and tests

21.035       Flight tests

21.037       Flight test pilot

21.039       Flight test instrument calibration and correction report

21.041       Type certificate—meaning

21.043       Location of manufacturing facilities

21.047       Transfer of type certificates

21.048       Licensing of type certificates

21.049       Availability

21.050       Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections

21.051       Type certificates and type acceptance certificates—duration and suspension or cancellation

21.053       Statement of conformity

Subpart 21.CProvisional type certificates

21.071       Applicability

21.073       Eligibility

21.075       Application

21.076       Issue of provisional type certificate

21.077       Duration

21.078       Suspension and cancellation

21.081       Requirements for issue and amendment of Class I provisional type certificates

21.083       Requirements for issue and amendment of Class II provisional type certificates

21.085       Provisional amendments to type certificates

Subpart 21.DChanges to type certificates

21.091       Applicability

21.093       Classification of changes in type design

21.095       Approval of minor changes in type design

21.097       Eligibility for approval of major changes in type design

21.098       Issue of approval of major change in type design

21.099       Required design changes

21.101       Designation of applicable regulations

Subpart 21.ESupplemental type certificates

21.111       Applicability

21.113       Eligibility for supplemental type certificate

21.113A    Issue of supplemental type certificate

21.114       Foreign supplemental type certificates

21.115       Entitlement to supplemental type certificate—meeting applicable airworthiness requirements

21.117       What supplemental type certificates are taken to consist of

21.118       Duration, suspension and cancellation of supplemental type certificates

21.119       Duration, suspension and cancellation of foreign supplemental type certificates

21.120       Transfer of supplemental type certificates

21.120A    Licensing of supplemental type certificates

21.120B    Variations of supplemental type certificates

Subpart 21.FProduction under type certificate only

21.121       Applicability

21.123       Production under type certificate

21.125       Production inspection system: Materials Review Board

21.127       Tests: aircraft

21.128       Tests: aircraft engines

21.129       Tests: variable pitch propellers

21.130       Statement of conformity

21.130A    Records to be kept by manufacturer

Subpart 21.GProduction certificates

21.131       Applicability

21.132       Definitions for Subpart 21.G

21.132A    Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation

21.133       Eligibility

21.134       Issue of production certificate

21.135       Requirements for entitlement

21.137       Location of manufacturing facilities

21.139       Quality system

21.143       Quality system data requirements: prime manufacturer

21.144       Production inspection system

21.145       Materials Review Board

21.147       Changes in quality system

21.149       Multiple products

21.151       Production limitation record

21.153       Amendment of production certificate

21.157       Inspections and tests

21.159       Duration

21.161       Display

21.163       Privileges for holders of production certificates—conduct of training in particular maintenance

21.165       Responsibility of holder of production certificate

21.166       Records to be kept by holder of production certificate

Subpart 21.HCertificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

21.171       Applicability

21.172       Definitions for Subpart

21.173       Eligibility

21.175       Certificates of airworthiness: classification

21.176       Issue of certain certificates of airworthiness

21.179       Transferability

21.181       Duration of certain certificates of airworthiness

21.182       Aircraft manufacturer’s data plate

21.183       Standard certificates of airworthiness

21.184       Special certificates of airworthiness for primary category aircraft

21.184A    Special certificates of airworthiness for intermediate category aircraft

21.185       Certificates of airworthiness for restricted category aircraft

21.186       Special certificates of airworthiness for light sport aircraft

21.187       Multiple‑category airworthiness certification

21.189       Special certificate of airworthiness for limited category aircraft

21.190       Special certificates of airworthiness—amateur‑built category aircraft accepted under an ABAA

21.191       Experimental certificates

21.192       Experimental certificates: eligibility

21.193       Experimental certificates: general

21.195       Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training

21.195A    Issue of experimental certificates

21.195B    Duration, production for inspection, suspension and cancellation of experimental certificates

21.195C    Exercise of certain powers by authorised persons and relevant approved design organisations

21.196       Special flight permits: eligibility

21.197       Special flight permits

21.199       Applications for special flight permits

21.200       Issue of special flight permits

21.201       Inspection, suspension and cancellation of special flight permits

Subpart 21.IProvisional certificates of airworthiness

21.211       Applicability

21.213       Eligibility

21.215       Application

21.216       Issue of provisional certificates of airworthiness

21.217       Duration

21.219       Transferability

21.221       Class I provisional certificates of airworthiness

21.223       Class II provisional certificates of airworthiness

21.225       Provisional certificates of airworthiness corresponding with provisional amendments to type certificates

Subpart 21.JApproved design organisations

Division 21.J.1General

21.231       What Subpart 21.J is about

21.233       Definitions for Subpart 21.J

21.235       Privileges for approved design organisations

21.237       Prohibition of unauthorised carrying out of design activities

21.239       Applications may be made to approved design organisation—approval activities and experimental certificates

Division 21.J.2Approval as approved design organisation

21.241       Applying for approval

21.243       Granting approval

21.245       Approval certificate

21.247       Approval subject to conditions—general

21.248       Approval subject to conditions—holders of other authorisations under Part 21 and licensees

21.249       Cancellation, suspension and variation of approval

Division 21.J.3Authorisation to carry out particular certification activity

21.251       Authorisation of approved design organisations to carry out certification activities

Division 21.J.4Changes to approved design organisations

21.253       Application for approval of change to scope of approval

21.255       Application for approval of change to design assurance system

21.256       Change to design assurance system manual at direction of CASA

21.257       Application for approval of permanent appointment of new accountable manager or head of design

21.258       Permanent appointment of other key personnel—requirement to tell CASA

21.259       Change to exposition by organisation

21.261       Change to exposition at direction of CASA

Division 21.J.5Obligations of approved design organisations

21.263       Content of exposition

21.265       Compliance with exposition

21.267       Design assurance system

21.269       Requirements for design assurance system—general

21.270       Requirements for design assurance system—holders of other authorisations under Part 21 and licensees

21.271       Compliance with design assurance system manual

21.273       Audit of approved design organisation by CASA

21.275       Inspections and observations

21.277       Record keeping and production of records to CASA

21.279       Directions with specified procedures or instructions

21.281       Investigation of potentially unsafe condition

21.283       Requirement to provide employees and subcontractors with exposition and design assurance system manual

Subpart 21.KApproval of materials, parts, processes and appliances

21.301       Applicability

21.303       Replacement and modification parts

21.304A    Changes to an APMA

21.305       Approval of materials, parts, processes and appliances

21.305A    Approval of materials, parts, processes and appliances not covered by regulation 21.305

21.306       Use of standard parts and materials

Subpart 21.LExport airworthiness approvals

21.321       Applicability

21.323       Eligibility

21.324       Issue of export airworthiness approvals

21.325       Export airworthiness approvals

21.327       Application

21.329       Issue of export airworthiness approvals for Class I products

21.331       Issue of airworthiness approvals for Class II products

21.333       Issue of export airworthiness approvals for Class III products

21.339       Export airworthiness approval for aircraft

Subpart 21.MDesigns of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances

Division 21.M.1Preliminary

21.400       Purpose of Subpart

21.402       Definition of proposed airworthiness standards for Subpart 21.M

21.403       Definition of applicable airworthiness standards for Subpart 21.M

Division 21.M.2Modification/repair design approvals

21.405       Applications for modification/repair design approvals

21.410       Refusal to grant approval if design constitutes major change in type design

21.414       Determination of additional airworthiness standards—special conditions

21.416       Determination of non‑application of airworthiness standards—application to CASA

21.418       Determination of non‑application of airworthiness standards—application to authorised person to approved design organisation

21.420       Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents

21.425       Applicants to carry out necessary inspections and tests

21.430       CASA authorised person or approved design organisation may carry out or observe certain tests

21.435       Grant of modification/repair design approvals—grant by CASA

21.436       Application to authorised person or approved design organisation—non‑compliance with applicable airworthiness standards: determination of equivalent level of safety

21.437       Grant of modification/repair design approvals—grant by authorised person or approved design organisation

21.440       Form of modification/repair design approvals

21.445       Variation of modification/repair design approvals

Division 21.M.3Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method

21.448       Approvals to which this Division applies

21.450       Transfer of modification/repair design approvals and approvals granted in accordance with alternative method

21.455       Record keeping and making records available to CASA

21.460       Instructions for continued airworthiness and flight manual supplement to be made available

Division 21.M.4Other means of approval

21.465       Modifications and repairs directed by CASA

21.470       Foreign modification/repair designs

21.475       CASA may issue instruments specifying alternative methods of approval of modifications and repairs

Subpart 21.NApproval of engines, propellers, materials, parts and appliances: imported

21.500       Approval of imported aircraft engines and propellers

21.500A    Approval of other imported aircraft engines and propellers

21.502       Approval of imported materials, parts and appliances

21.502A    Approval of other imported materials, parts and appliances

Subpart 21.OAustralian Technical Standard Order Authorisations

21.601       Applicability

21.603       ATSO marking and privileges

21.605       Application and issue

21.607       General rules governing holders of ATSO authorisations

21.609       Approval for deviation

21.611       Design changes

21.613       Record keeping requirements

21.615       CASA inspection

21.617       Issue of letters of ATSO design approval: import appliances

21.619       Non‑compliance

21.621       Duration

Subpart 21.QIdentification of aircraft and aeronautical products

Division 21.Q.1Preliminary

21.805       Applicability of this Subpart

21.810       Meaning of fireproof

Division 21.Q.2Aircraft, aircraft engines and aircraft propellers

21.815       Applicability of this Division

21.820       Manufacturer’s data plate must be attached to aircraft

21.825       Manufacturer’s data plate must be attached to basket of manned free balloon

21.830       Heater assembly of manned free balloon must carry identification mark

21.835       Manufacturer’s data plate must be attached to aircraft engine

21.840       Aircraft propellers, blades and hubs must carry identification marks

Division 21.Q.3Critical parts

21.845       Applicability of this Division

21.850       Identification of critical parts

21.855       Removal or alteration of identification on critical parts

Division 21.Q.4Aircraft parts

21.860       Applicability of this Division

21.865       Identification of parts produced under an APMA

21.870       Identification of parts produced under an APMA if marking is impracticable

21.875       Identification of other aircraft parts

21.880       Identification of other aircraft parts—other than by marking


Subpart 21.AGeneral

  

21.001  Applicability

                   This Part deals with certification and airworthiness requirements, and includes:

                     (a)  rules dealing with type certificates, provisional type certificates, supplemental type certificates, type acceptance certificates, production certificates, certificates of airworthiness, export airworthiness approvals and modification/repair design approvals; and

                     (b)  rules governing the holders of certificates or approvals mentioned in paragraph (a); and

                   (ba)  matters relating to approved design organisations; and

                     (c)  rules dealing with the approval of aircraft engines, propellers and certain materials, parts, processes, and appliances.

Source        FARs section 21.1 modified.

21.001A  Definition for Subpart

                   In this Subpart:

instrument means an approval, authorisation, certificate or permit issued under this Part.

21.002C  Suspension or cancellation of an instrument

             (1)  CASA may suspend or cancel an instrument, by written notice given to its holder, if:

                     (a)  CASA is reasonably satisfied that the holder has made or caused to be made:

                              (i)  a fraudulent or intentionally false statement on the application for the instrument; or

                             (ii)  an intentionally false entry in a record or report that is required to be kept, made, or used to show compliance with any requirement for the issue or the exercise of the privileges of the instrument; or

                            (iii)  a reproduction for a fraudulent purpose of any instrument; or

                            (iv)  an alteration for a fraudulent purpose of any instrument; and

                     (b)  CASA has given the holder a show cause notice under regulation 21.002D in relation to the instrument; and

                     (c)  CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice.

             (2)  A notice must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  in the case of a suspension—when the suspension stops having effect.

             (3)  An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term.

             (4)  If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension.

Source        FARs section 21.2 modified.

21.002D  Show cause notices

             (1)  CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C.

             (2)  A show cause notice must be in writing and must:

                     (a)  inform the holder of the facts or circumstances that, in CASA’s opinion, would justify the suspension or cancellation of the instrument; and

                     (b)  invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled.

             (3)  The period stated in the notice must be reasonable, having regard to all the circumstances of the case.

21.002E  Cancellation of certain certificates

             (2)  If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating:

                     (a)  that the certificate is cancelled; and

                     (b)  when the cancellation takes effect.

             (3)  The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day.

21.003  Reporting failures, malfunctions, and defects

             (1)  The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4):

                     (a)  an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;

                     (b)  a manufacturing process specified by it.

Penalty:  25 penalty units.

             (2)  The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4).

Penalty:  25 penalty units.

          (2A)  The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4).

Penalty:  25 penalty units.

          (2B)  For subregulation (2A), the approval is:

                     (a)  a modification/repair design approval; or

                     (b)  an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475.

             (3)  It is a defence to a prosecution under subregulation (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect:

                     (a)  was caused by improper maintenance or use; or

                     (b)  was reported to CASA under another provision of these Regulations.

Note:          A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  The following occurrences must be reported as provided in subregulations (1), (2) and (2A):

                     (a)  fires caused by a system or equipment failure, malfunction, or defect;

                     (b)  an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components;

                     (c)  the accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin;

                     (d)  a malfunction, failure, or defect of a propeller control system;

                     (e)  a propeller or rotorcraft hub or blade structural failure;

                      (f)  flammable fluid leakage in areas where an ignition source normally exists;

                     (g)  a brake system failure caused by structural or material failure during operation;

                     (h)  a significant aircraft primary structural defect or failure caused by any self‑generating condition (for example, fatigue or corrosion);

                      (i)  any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

                      (j)  an engine failure;

                     (k)  any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities;

                      (l)  a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft;

                    (m)  a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.

             (6)  For subregulations (1), (2) and (2A), a report must:

                     (a)  be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and

                     (b)  include as much of the following information as is available and applicable:

                              (i)  the aircraft’s serial number;

                             (ii)  the aircraft’s registration mark;

                            (iii)  when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisation—the article serial number and model designation, as appropriate;

                            (iv)  when the failure, malfunction, or defect is associated with an aircraft engine or propeller—the aircraft engine or propeller serial number, as appropriate;

                             (v)  identification of the product model;

                            (vi)  identification of the part, component, or system involved (including the part number);

                           (vii)  the nature of the failure, malfunction, or defect.

             (7)  Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect.

Penalty:  25 penalty units.

             (8)  If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive.

Penalty:  10 penalty units.

             (9)  An offence against subregulation (7) or (8) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.3 modified.

21.005  Manufacturers etc to provide aircraft flight manuals for certain aircraft

             (1)  This regulation applies to an aircraft only if:

                     (a)  the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and

                     (b)  the aircraft was not flown before 1 March 1979.

          (1A)  If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an aircraft flight manual that:

                     (a)  contains the information mentioned in subregulations (2) and (3); and

                     (b)  complies with subregulation (3A).

Penalty:  25 penalty units.

          (1B)  If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an aircraft flight manual that:

                     (a)  contains the information mentioned in subregulations (2) and (3); and

                     (b)  complies with subregulation (3A).

Penalty:  25 penalty units.

             (2)  The aircraft flight manual must contain the operating limitations and information required to be furnished in an aircraft flight manual or in manual material, markings, and placards, by the applicable regulations under which the aircraft was type certificated.

             (3)  The maximum ambient atmospheric temperature for which engine cooling was demonstrated must be stated in the performance information section of the flight manual, if the applicable regulations under which the aircraft was type certificated do not require ambient temperature on engine cooling operating limitations in the flight manual.

          (3A)  For paragraphs (1A)(b) and (1B)(b):

                     (a)  the manual must have been approved for the aircraft:

                              (i)  by CASA, an authorised person or an approved design organisation under regulation 21.006; or

                             (ii)  if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

                            (iii)  if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; and

                     (b)  any changes to the manual made to the manual since it was approved for the aircraft must have been approved:

                              (i)  by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

                             (ii)  if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

                            (iii)  if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority.

             (4)  An offence against subregulation (1A) or (1B) is an offence of strict liability.

Source        FARs section 21.5 modified.

21.006  Approval of aircraft flight manuals

             (1)  The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a flight manual for the aircraft.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

             (2)  Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the manual if CASA or the authorised person or approved design organisation is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

21.006A  Approval of changes to aircraft flight manuals

             (1)  Any of the following persons may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a change to a flight manual for an aircraft:

                     (a)  the registered operator of the aircraft;

                     (b)  an applicant for any of the following:

                              (i)  approval of a change in the type design for the aircraft;

                             (ii)  a supplemental type certificate for the aircraft;

                            (iii)  a modification/repair design approval for the aircraft;

                            (iv)  an approval of a design for the modification of, or a repair to, the aircraft in accordance with a method specified in a legislative instrument issued under regulation 21.475.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

             (2)  Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the change if CASA or the authorised person or approved design organisation is satisfied that the manual as changed would comply with:

                     (a)  if the applicant is not an applicant for an instrument mentioned in paragraph (1)(b)—the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate; or

                     (b)  if the applicant is an applicant for an instrument mentioned in paragraph (1)(b)—the applicable airworthiness standards for the instrument.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (3)  In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual.

21.007  Permissible unserviceabilities

             (1)  A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       See Part 11 for other matters relating to applications and decisions.

             (2)  Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3).

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (3)  For subregulation (2), the applicable airworthiness standards are:

                     (a)  for an aircraft for which there is a type certificate:

                              (i)  the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or

                             (ii)  if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and

                     (b)  for an aircraft for which there is a type acceptance certificate:

                              (i)  the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or

                             (ii)  if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and

                     (c)  for a non‑type‑certificated aircraft:

                              (i)  the airworthiness standards that applied to the original certification (however described) of the aircraft; or

                             (ii)  if the application states that the applicant elects to comply with a later version of those standards—that version of the standards.

             (4)  An approval ceases to have effect at the earliest of the following times:

                     (a)  if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval—the end of that day;

                     (b)  if a maximum amount of flight time is stated in the approval—when the aircraft has been flown for that amount of flight time;

                     (c)  if a maximum number of flights is stated in the approval—when the aircraft has been flown for that number of flights;

                     (d)  the end of 1 year after the approval is given.

21.007A  Advice about major damage

             (1)  A person may ask CASA, an authorised person or a relevant approved design organisation, in writing, to assess damage to an aircraft and advise whether the damage is major damage.

             (2)  CASA or the authorised person or approved design organisation must advise the person, in writing, whether, in the opinion of CASA or the authorised person or approved design organisation, the damage is major damage.

Note:          Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person or approved design organisation advises a person that the damage is not major damage.

21.008  Meaning of technical data

                   In this Part:

technical data, for the design of an aircraft, aircraft engine, propeller or appliance, or for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means:

                     (a)  data that describes the design, including:

                              (i)  the drawings and specifications necessary to define the configuration and design features of the aircraft, aircraft engine, propeller or appliance, or of the modification or repair, and a list of those drawings and specifications; and

                             (ii)  information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and

                            (iii)  the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and

                            (iv)  the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and

                             (v)  any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and

                     (b)  engineering reports, including test plans and reports, used to show that the design complies with the applicable airworthiness standards for an instrument for the design.

21.009  Approval of technical data

             (1)  This regulation applies if technical data for a design is submitted to CASA, an authorised person or a relevant approved design organisation in connection with an application for:

                     (a)  a type certificate; or

                     (b)  approval of a change in type design; or

                     (c)  a supplemental type certificate; or

                    (ca)  a variation of a supplemental type certificate; or

                   (cb)  approval of the product design of a Class II or Class III product; or

                     (d)  a letter of ATSO design approval; or

                     (e)  an ATSO authorisation; or

                      (f)  a modification/repair design approval; or

                     (g)  an APMA.

             (2)  Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the technical data if CASA or the authorised person or approved design organisation is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument.

             (3)  In this regulation:

Class II product: see regulation 21.132.

Note:          For the meaning of Class III product, see the Dictionary.

21.010  References to modifications and repairs in Part

             (1)  In this Part, a reference to a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance includes a reference to a modification of, or repair to, an aeronautical product for the aircraft, aircraft engine, propeller or appliance.

             (2)  Subregulation (1) applies regardless of whether, at the time of the modification or repair, the aeronautical product was fitted to the aircraft, aircraft engine, propeller or appliance.

21.010A  References to the national aviation authority of a recognised country

             (1)  In this Part, a reference to the national aviation authority of a recognised country includes a reference to EASA, whether or not EASA is performing a function on behalf of a recognised country.

             (2)  To avoid doubt:

                     (a)  a foreign type certificate issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a foreign type certificate issued by the NAA of a recognised country; and

                     (b)  a certificate issued by EASA before 1 May 2014 that is equivalent to a supplemental type certificate that could have been issued by CASA is, and is taken to have been from the time it was issued, a foreign supplemental type certificate issued by the NAA of a recognised country; and

                     (c)  a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that was approved by EASA before 1 May 2014 is, and is taken to have been from the time it was approved, a design approved by the NAA of a recognised country; and

                     (d)  a manufacturing approval (however described) for an aircraft engine, propeller, material, part or appliance issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a manufacturing approval issued by the NAA of a recognised country.

             (3)  Also to avoid doubt, a foreign supplemental type certificate cancelled by EASA before 1 May 2014 is taken to have been cancelled by the NAA of a recognised country.

21.010B  Definition of recognised country

             (1)  In this Part:

recognised country means any of the following:

                     (a)  Canada;

                     (b)  France;

                     (c)  Germany;

                     (d)  Netherlands;

                     (e)  New Zealand;

                      (f)  United Kingdom;

                     (g)  United States of America.

             (2)  For Subpart 21.B, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

                     (a)  Australia and the Contracting State; or

                     (b)  CASA and the national aviation authority of the Contracting State;

for CASA to issue type acceptance certificates in relation to foreign type certificates or equivalent documents issued by the national aviation authority of the Contracting State.

             (3)  For Subpart 21.E, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

                     (a)  Australia and the Contracting State; or

                     (b)  CASA and the national aviation authority of the Contracting State;

for the acceptance of certificates (however described) that are equivalent to supplemental type certificates.

             (4)  For Subpart 21.M, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

                     (a)  Australia and the Contracting State; or

                     (b)  CASA and the national aviation authority of the Contracting State;

for the acceptance of approvals of designs of modifications of, or repairs to, aircraft, aircraft engines, propellers or appliances.

21.010C  References to countries with which Australia has agreements

             (1)  In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft.

             (2)  In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances.

Subpart 21.BType certificates and type acceptance certificates

Note:          A type certificate or a type acceptance certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

  

21.011  Applicability

                   This Subpart prescribes:

                     (a)  requirements for the issue of:

                              (i)  type certificates for aircraft, aircraft engines and propellers; and

                             (ii)  type acceptance certificates for aircraft; and

                     (b)  rules governing the holders of those certificates; and

                     (c)  rules dealing with the national aviation authorities of foreign countries.

Source        FARs section 21.11 modified.

21.013  Eligibility

                   Any person is eligible to apply to CASA for a type certificate or a type acceptance certificate.

Source        FARs section 21.13 modified.

21.013A  Issue of type certificate

             (1)  Subject to regulation 11.055, CASA must issue a type certificate (except a type certificate mentioned in regulation 21.029) to an applicant for the certificate if the applicant:

                     (a)  is eligible, under regulation 21.013, to apply for the certificate; and

                     (b)  applies for the certificate in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate; and

                     (d)  otherwise complies with this Part.

             (2)  Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to certify that the applicant meets a criterion for entitlement to a type certificate under this Subpart.

             (3)  If the approved design organisation is satisfied that the applicant meets the criterion, the organisation may give CASA a certificate to that effect.

             (4)  For paragraph (1)(c), if an approved design organisation gives CASA a certificate under subregulation (3) in relation to a criterion, CASA need consider only that certificate in deciding whether the applicant meets the criterion.

             (5)  For subregulation (3), regulations 21.021, 21.024, 21.025 and 21.026 apply to consideration by an approved design organisation of an application for a type certificate as if each reference to CASA in those regulations were a reference to the approved design organisation.

21.014  Recognition of foreign certification

                   Despite regulation 21.013A, CASA must not issue a type certificate mentioned in regulation 21.021, 21.024, or 21.025, for an aircraft manufactured in another country, if:

                     (a)  a type acceptance certificate may be issued for the aircraft under regulation 21.029A; or

                     (b)  a type certificate may be issued for the aircraft under regulation 21.029.

21.015  Application for type certificate

             (2)  An application for an aircraft type certificate must be accompanied by a three‑view drawing of that aircraft and available preliminary basic data.

             (3)  An application for an aircraft engine type certificate must be accompanied by a description of the engine design features, the engine operating characteristics, and the proposed engine operating limitations.

Source        FARs section 21.15 modified.

21.016  Special standards and other conditions on type certificates

             (1)  If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers.

             (2)  CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety.

             (3)  A condition imposed under subregulation (2) may include operational limitations.

             (4)  A special condition or other condition must be in writing, and set out in, or attached to, the type certificate.

             (5)  A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.16 modified.

21.017  Designation of applicable airworthiness standards

             (1)  An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:

                     (a)  the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, that are effective on the date of application for that certificate unless:

                              (i)  otherwise specified by CASA; or

                             (ii)  compliance with later effective amendments is elected or required under this regulation; and

                     (b)  any special conditions imposed under regulation 21.016.

             (2)  For special classes of aircraft (airships and other non‑conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35 that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those Parts.

             (3)  An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years, unless an applicant shows, before the application lapses, that the aircraft requires a longer period of time for design, development, and testing, and CASA approves a longer period.

             (4)  If an application ceases to be effective, the applicant may:

                     (a)  file a new application for a type certificate and comply with all the provisions of subregulation (1) applicable to an original application; or

                     (b)  file for an extension of the original application and comply with the applicable airworthiness requirements of these Regulations that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type certificate by the time limit established under subregulation (3) for the original application.

             (5)  If an applicant elects to comply with an amendment to these Regulations, or to any matter incorporated by reference in these Regulations, that is effective after the filing of the application for a type certificate, the applicant must also comply with any other amendment or incorporated matter that CASA considers is directly related to the application.

             (6)  For primary category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

             (7)  For intermediate category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

             (8)  If an airworthiness standard has been agreed by CASA or one of its predecessors after 30 September 1993 as a response to a design advice mentioned in section 100.3 or 100.6 of the Civil Aviation Orders, the standard continues to apply until 5 years after the date of approval of the design advice, unless the applicant elects to comply with a later standard.

Source        FARs section 21.17 modified.

21.019  Changes requiring a new type certificate

             (1)  A type certificate for an aircraft, aircraft engine or propeller ceases to apply to an aircraft, aircraft engine or propeller of that type if:

                     (a)  a change is made in the design configuration, power, power limitations (engines), speed limitations (engines), or weight of the aircraft, aircraft engine or propeller that is so extensive that a substantially complete investigation of compliance with the requirements applicable under regulation 21.017 is necessary in the interests of aviation safety; or

                     (b)  in the case of a normal, utility, acrobatic, commuter or transport category aircraft, a change is made:

                              (i)  in the number of its engines or rotors; or

                             (ii)  to engines or rotors using different principles of propulsion or to rotors using different principles of operation; or

                     (c)  in the case of an aircraft engine—a change is made in the principle of operation; or

                     (d)  in the case of propellers—a change is made in the number of blades or principle of pitch change operation.

             (2)  A person who proposes to make a change mentioned in subregulation (1) may apply to CASA for a new type certificate for the aircraft, aircraft engine or propeller.

Source        FARs section 21.19 modified.

21.021  Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

                   An applicant is entitled to a type certificate for an aircraft (except an aircraft mentioned in regulation 21.027) in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, or for a special class of aircraft or an aircraft engine or propeller, if:

                     (a)  the applicant submits the type design, test reports, and computations necessary to show that the aircraft, aircraft engine or propeller to be certificated meets the applicable requirements of this Part, the airworthiness standards mentioned in these Regulations and any conditions subject to which the type certificate is to be issued; and

                     (b)  CASA is satisfied that the type design and the aircraft, engine or propeller meet the applicable requirements of this Part and the airworthiness standards mentioned in these Regulations, and any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and

                     (c)  for an aircraft—CASA is satisfied the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Source        FARs section 21.21 modified.

21.024  Type certificate: primary category aircraft

             (1)  The applicant is entitled to a type certificate for an aircraft in the primary category if:

                     (a)  the aircraft:

                              (i)  is unpowered; is an aeroplane powered by a single, naturally aspirated engine with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft powered by a single, naturally aspirated engine with a 29.3 kgm‑2 main rotor disc loading limitation, under sea level standard day conditions; and

                             (ii)  has a maximum take‑off weight of not more than 1225 kg or, if the aircraft is a seaplane, a maximum take‑off weight of not more than 1530 kg; and

                            (iii)  has a maximum seating capacity of not more than 4 persons, including the pilot; and

                            (iv)  has an unpressurised cabin; and

                     (b)  the applicant has submitted to CASA:

                              (i)  except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(6); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

                             (ii)  the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

                            (iii)  instructions for continued airworthiness in accordance with subregulation 21.050(2); and

                            (iv)  a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

                     (c)  CASA is satisfied that:

                              (i)  the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(6); and

                             (ii)  the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

             (2)  An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot‑owner of the aircraft, as part of the aircraft’s type design or supplemental type design.

             (3)  For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source        FARs section 21.24 modified.

21.025  Issue of type certificate: restricted category aircraft

             (1)  An applicant is entitled to a type certificate for an aircraft in the restricted category for one or more of the special purpose operations mentioned in subregulation (2) if:

                     (a)  the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

                     (b)  the aircraft:

                              (i)  meets the airworthiness requirements of the normal, utility, acrobatic, commuter or transport category, except those requirements that CASA considers are inappropriate for the special purpose for which the aircraft is to be used; or

                             (ii)  is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America, and has been later modified for the special purpose operation or operations.

             (2)  For subregulation (1), the special purpose operations are:

                     (a)  agricultural operations (for example, spraying, dusting, and seeding, and livestock and feral animal control); and

                     (b)  forest and wildlife conservation; and

                     (c)  firefighting; and

                     (d)  aerial surveying or scientific research (for example, photography, mapping, and oil and mineral exploration); and

                     (e)  patrolling (for example, pipelines, power lines, and canals); and

                      (f)  weather control and atmospheric research (for example, cloud seeding); and

                     (g)  aerial advertising (for example, skywriting, banner towing, airborne signs and public address systems); and

                     (h)  glider towing; and

                      (i)  target towing; and

                      (j)  target designation; and

                     (k)  any other operation similar to any of these operations.

Source        FARs section 21.25 modified.

21.026  Type certificate: intermediate category aircraft

             (1)  The applicant is entitled to a type certificate for an aircraft in the intermediate category if:

                     (a)  the aircraft:

                              (i)  is an aeroplane with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft with a 29.3 kgm‑2 main rotor disc loading limitation, under sea level standard day conditions; and

                             (ii)  has a maximum take‑off weight of not more than 1750 kg; and

                            (iii)  has a maximum seating capacity of 4 persons, including the pilot; and

                            (iv)  has an unpressurised cabin; and

                     (b)  the applicant has submitted to CASA:

                              (i)  except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(7); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

                             (ii)  the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

                            (iii)  instructions for continued airworthiness in accordance with subregulation 21.050(2); and

                            (iv)  a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

                     (c)  CASA is satisfied that:

                              (i)  the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(7); and

                             (ii)  the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

             (2)  An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot‑owner of the aircraft, as part of the aircraft’s type design or supplemental type design.

             (3)  For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source        FARs section 21.24 modified.

21.027  Type certificate: surplus aircraft of the Armed Forces

             (1)  Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6).

             (2)  An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.

             (3)  Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards mentioned in Part 33 or 35.

             (4)  CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination.

             (5)  CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft.

             (6)  Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027.

 

Table 21.027       Regulations that must be complied with for particular kinds of aircraft

 

Type of Aircraft

Date accepted for operational use by the Armed Force

Regulations that apply 1

Small reciprocating‑engine powered aeroplanes

Before May 16, 1956

Civil Air Regulations Part 3, as effective May 15 1956

 

After May 15, 1956

Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23

Small turbine‑engine powered aeroplanes

Before Oct. 2, 1959

Civil Air Regulations Part 3, as effective Oct. 1 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23

Commuter category aeroplanes

After Feb. 17, 1987

FARs Part 23, as effective Feb 17, 1987, or CASR Part 23

Large reciprocating‑engine powered aeroplanes

Before Aug. 26, 1955

Civil Air Regulations Part 4b, as effective Aug. 25, 1955

 

After Aug. 25, 1955

Civil Air Regulations Part 4b, or FARs Part 25, or CASR Part 25

Large turbine engine‑powered aeroplanes

Before Oct. 2, 1959

Civil Air Regulations Part 4b, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 4b, or FARs Part 25, or CASR 25

Rotorcraft with a maximum certificated take‑off weight of:

 

 

     2,722 kg or less

Before Oct. 2, 1959

Civil Air Regulations Part 6, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 6, or FARs Part 27, or CASR Part 27

     Over 2,722 kg

Before Oct. 2, 1959

Civil Air Regulations Part 7, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 7, or FARs Part 29, or CASR Part 29.

1  Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the relevant armed force.

Source        FARs section 21.27 modified.

21.029  Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country

             (1)  Subject to regulation 11.055, CASA must issue a type certificate for an aircraft, aircraft engine or propeller manufactured in a foreign country and for which a foreign type certificate issued by the national aviation authority of a recognised country is not in force, if the aircraft, aircraft engine or propeller:

                     (a)  meets the applicable airworthiness requirements mentioned in regulation 21.017; or

                     (b)  meets the airworthiness requirements of a Contracting State and any other requirements imposed by CASA that are necessary to provide a level of safety equivalent to that provided under these Regulations for comparable aircraft, aircraft engines or propellers.

             (2)  CASA may accept a certificate given by the national aviation authority of a Contracting State to the effect that an aircraft, aircraft engine or propeller meets the State’s airworthiness requirements as evidence of that fact.

             (3)  An application for a type certificate under this regulation must be accompanied by:

                     (a)  any relevant certificate issued by the national aviation authority of a Contracting State; and

                     (b)  the relevant technical data.

             (4)  CASA may inspect the aircraft, aircraft engine or propeller and carry out, or require the applicant to carry out, any tests and inspections necessary to enable CASA to decide whether or not to issue the type certificate.

Source        FARs section 21.29 modified.

21.029A  Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country

                   Subject to regulations 11.055, 21.029B and 21.029C, CASA must issue a type acceptance certificate for an aircraft manufactured in a foreign country, without making the type acceptance certificate subject to any conditions, if:

                     (a)  a foreign type certificate or equivalent document issued by the national aviation authority of a recognised country is in force for aircraft of that type; and

                     (b)  the applicant has given CASA:

                              (i)  evidence that the type design has been approved by the national aviation authority of the recognised country by issue of a type certificate or equivalent document; and

                             (ii)  details of any equivalent safety determinations or waivers (however described) that were made in the course of the type certification; and

                            (iii)  a copy of the applicable type certificate data sheet; and

                            (iv)  a copy of the flight manual that contains all the available options applicable to the type, and that was approved by the national aviation authority that issued the foreign type certificate; and

                             (v)  a copy of the manufacturer’s instructions for continued airworthiness of the aircraft; and

                            (vi)  a copy of the parts catalogue for the aircraft; and

                           (vii)  a list of all current field service documents applicable to the aircraft; and

                          (viii)  an undertaking from the holder of the foreign type certificate to continue to supply to CASA service bulletins and instructions for the continuing airworthiness of aircraft of that type and any amendments of the documents mentioned in subparagraphs (iv), (v), (vi) and (vii).

21.029B  Issue of type acceptance certificates subject to conditions

             (1)  CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate.

             (2)  Also, CASA may issue a type acceptance certificate subject to other conditions if:

                     (a)  there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and

                     (b)  CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

                     (c)  CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and

                     (d)  there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and

                     (e)  there are no other practicable means of substantially reducing the threat to aviation safety.

             (3)  A condition may include operational limitations.

             (4)  A condition must be in writing, and set out in, or attached to, the type acceptance certificate.

             (5)  A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (5) is an offence of strict liability.

Note:          The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b).

21.029C  Refusal to issue type acceptance certificate

             (1)  CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if:

                     (a)  there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and

                     (b)  CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

                     (c)  CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and

                     (d)  there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat.

             (2)  If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029.

Note:          The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c).

21.031  Type design—meaning

             (1)  The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following:

                     (a)  the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

                     (b)  information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

                     (c)  the airworthiness limitations section of the instructions for continued airworthiness as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35; or as otherwise required by CASA and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

                     (d)  the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

                     (e)  for primary and intermediate category aircraft, if maintenance on the aircraft is to be carried out by the pilot‑owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot‑owner;

                      (f)  any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

             (2)  The type design for an aircraft, aircraft engine or propeller type certificated under regulation 21.029 consists of the following:

                     (a)  the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

                     (b)  information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

                     (c)  the airworthiness limitations section of the instructions for continued airworthiness as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, or as otherwise required by CASA and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

                     (d)  the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

                     (e)  for primary category aircraft, if maintenance on the aircraft is to be carried out by the pilot‑owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot‑owner;

                      (f)  any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

             (3)  The type design for an aircraft type certificated under regulation 21.029A consists of the type design that was accepted by the national aviation authority of the recognised country that issued the foreign type certificate for the aircraft.

Source        FARs section 21.31 modified.

21.033  Inspection and tests

             (1)  CASA is not required to issue, under regulation 21.013A, a type certificate for an aircraft, aircraft engine or propeller unless the applicant allows CASA to make any inspection and any flight and ground test necessary to determine that the aircraft, aircraft engine or propeller complies with the applicable requirements of these Regulations. However:

                     (a)  no aircraft, aircraft engine, propeller, or part thereof may be presented to CASA for test unless compliance with paragraphs (2)(b), (c) and (d) has been shown for that aircraft, aircraft engine, propeller, or part thereof; and

                     (b)  no change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (2)(b), (c) and (d) is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to CASA for test.

             (2)  Each applicant must make all inspections and tests necessary to determine:

                     (a)  compliance with the applicable airworthiness requirements; and

                     (b)  that the aircraft, aircraft engine or propeller and its materials conform to the specifications in the type design; and

                     (c)  that parts of the aircraft, aircraft engine or propeller conform to the drawings in the type design; and

                     (d)  that the manufacturing processes, construction and assembly conform to those specified in the type design.

             (3)  For an aircraft with not more than 2 seats, a maximum take‑off weight not exceeding 750 kg and a 45 knots or less VS0 stall speed as defined in FARs section 23.49 that is to be type certificated in the primary category or intermediate category, an authorised person may make any determination, inspection, flight test or ground test necessary to establish whether the aircraft complies with the applicable requirements of these Regulations.

Source        FARs section 21.33 modified.

21.035  Flight tests

             (1)  Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must make the tests listed in subregulation (2). Before making the tests the applicant must show CASA:

                     (a)  compliance with the applicable structural requirements of these Regulations; and

                     (b)  completion of necessary ground inspections and tests; and

                     (c)  that the aircraft conforms with the type design; and

                     (d)  that CASA received a flight test report from the applicant (signed, in the case of an application for a type certificate for an aircraft in the transport category, by the applicant’s test pilot) containing the results of the tests.

             (2)  Upon showing compliance with subregulation (1), the applicant must make all flight tests that CASA considers are necessary:

                     (a)  to determine compliance with the applicable requirements of these Regulations; and

                     (b)  for aircraft to be type certificated under these Regulations, except gliders and except aeroplanes of 2720 kg or less maximum certificated weight in the normal, utility, acrobatic, or commuter category—to determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly.

             (3)  Each applicant must, if practicable, make the tests prescribed in paragraph (2)(b) upon the aircraft that was used to show compliance with:

                     (a)  paragraph (2)(a); and

                     (b)  for rotorcraft—the rotor drive endurance tests prescribed in the applicable airworthiness standards mentioned in Parts 27 and 29.

             (4)  Each applicant must show CASA for each flight test (except in a glider or a manned free balloon) that adequate provision is made for the flight test crew for emergency egress and the use of parachutes.

             (5)  Except in a manned free balloon, an applicant must discontinue flight tests under this regulation until the applicant shows CASA that corrective action has been taken, whenever:

                     (a)  the applicant’s test pilot is unable or unwilling to make any of the required flight tests; or

                     (b)  items of non‑compliance with requirements are found that may make additional test data meaningless or that would make further testing unduly hazardous.

             (6)  The flight tests prescribed in paragraph (2)(b) must include:

                     (a)  for aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft—at least 300 hours of operation with a full complement of engines that conform to a type certificate; and

                     (b)  for all other aircraft—at least 150 hours of operation.

Source        FARs section 21.35 modified.

21.037  Flight test pilot

                   Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:

                     (a)  class rating; or

                     (b)  type rating; or

                     (c)  balloon class endorsement within the meaning of subregulation 5.01(1) of CAR; or

                     (d)  authorisation under regulation 61.140; or

                     (e)  authorisation under regulation 5.50 of CAR;

to make the flight tests required by this Part.

Source        FARs section 21.37 modified.

21.039  Flight test instrument calibration and correction report

             (1)  Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must submit a report to CASA showing the computations and tests required in connection with the calibration of instruments used for test purposes and in the correction of test results to standard atmospheric conditions.

             (2)  Each applicant must allow CASA to conduct any flight tests that CASA is satisfied is necessary to check the accuracy of the report submitted under subregulation (1).

Source        FARs section 21.39 modified.

21.041  Type certificate—meaning

             (1)  In these Regulations, unless the contrary intention appears:

foreign type certificate, for an aircraft, aircraft engine or propeller:

                     (a)  means a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country and is equivalent to a type certificate; but

                     (b)  does not include a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country solely on the basis of a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of another country and is equivalent to a type certificate.

type certificate, for an aircraft, aircraft engine or propeller, means a type certificate issued by CASA under regulation 21.013A or 21.029 certifying that the aircraft, aircraft engine or propeller meets the airworthiness standard mentioned for it in the certificate.

             (2)  In these Regulations, except in this Subpart, a reference to a type certificate, or foreign type certificate, for an aircraft, aircraft engine or propeller, includes a reference to the type design, the operating limitations, the type certificate data sheet, the applicable airworthiness standards with which the certificate records compliance, and any other conditions or limitations prescribed for the aircraft, aircraft engine or propeller under these Regulations.

Source        FARs section 21.41 modified.

21.043  Location of manufacturing facilities

                   Despite regulation 21.013A, CASA is not required to consider an application for a type certificate for an aircraft, aircraft engine or propeller (except an application under regulation 21.029) if the manufacturing facilities for the aircraft, aircraft engine or propeller are located outside Australian territory, unless the location of the manufacturer’s facilities places no undue burden on CASA in administering applicable airworthiness requirements.

Source        FARs section 21.43 modified.

21.047  Transfer of type certificates

             (1)  The holder of a type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

                     (a)  the certificate; and

                     (b)  a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

             (2)  However, the certificate may be transferred only with the written consent of the transferee.

             (3)  The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

                     (a)  the date of the transfer; and

                     (b)  the name and address of the transferee.

Penalty:  50 penalty units.

             (4)  An offence against this regulation is an offence of strict liability.

Source        FARs section 21.047 modified.

21.048  Licensing of type certificates

             (1)  The holder of a type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

             (2)  The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

                     (a)  the date of the licensing agreement; and

                     (b)  the name and address of the licensee; and

                     (c)  the benefits conferred on the licensee.

Penalty:  50 penalty units.

             (3)  The licensor commits an offence if:

                     (a)  the licensing agreement is terminated; and

                     (b)  the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty:  50 penalty units.

             (4)  An offence against this regulation is an offence of strict liability.

Source        FARs section 21.047 modified.

21.049  Availability

             (1)  The holder of a type certificate must make the certificate, and the type design of the aircraft, aircraft engine or propeller described or identified in the certificate, available for examination by CASA upon the request of CASA.

Penalty:  5 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.49 modified.

21.050  Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections

             (1)  The holder of a type certificate for an aircraft for which an aircraft Maintenance Manual containing an “Airworthiness Limitations” section has been approved as part of the type design and who obtains approval of changes to any replacement time, inspection interval, or related procedure in that section of the manual must make particulars of the changes available upon request to any operator of the same type of aircraft.

Penalty:  5 penalty units.

             (2)  The holder of a design approval, including either the type certificate or supplemental type certificate for an aircraft, aircraft engine, or propeller must furnish at least one set of complete Instructions for Continued Airworthiness, prepared in accordance with the applicable airworthiness standards mentioned in Parts 22, 23, 25, 27, 26, 29, 31, 32, 33 and 35, or as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2), as applicable, to the owner of each type of aircraft, aircraft engine, or propeller upon its delivery, or upon issue of the first standard certificate of airworthiness for the affected aircraft, whichever occurs later, and thereafter, on request by a person required by these Regulations to comply with any of the terms of the instructions, give them to the person. In addition, changes to the Instructions for Continued Airworthiness shall be made available to any person who requests the changes and who is required by these Regulations to comply with any of those instructions.

Penalty:  5 penalty units.

             (3)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.50 modified.

21.051  Type certificates and type acceptance certificates—duration and suspension or cancellation

             (1)  Subject to regulation 21.019, a type certificate or type acceptance certificate remains in force until it is cancelled.

             (2)  Despite subregulation (1), a type certificate or type acceptance certificate is not in force during any period of suspension.

             (3)  CASA may suspend or cancel a type certificate if there are reasonable grounds for believing that the type certificate no longer provides a reliable guide that the aircraft can reasonably be expected to be safe for its intended use when operated under any conditions limiting its intended use.

             (4)  CASA may suspend or cancel a type acceptance certificate if:

                     (a)  there are reasonable grounds for believing that not doing so would constitute a significant threat to aviation safety; and

                     (b)  CASA has consulted the operator of the aircraft, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

                     (c)  CASA has considered the views of the operator, the manufacturer and the national aviation authority before deciding whether to suspend or cancel the type acceptance certificate.

             (5)  If CASA suspends or cancels a type certificate it must:

                     (a)  notify the certificate holder in writing of the suspension or cancellation; and

                     (b)  publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

             (6)  If CASA suspends or cancels a type acceptance certificate CASA must publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

             (7)  A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

             (8)  A notice of suspension or cancellation under paragraph (5)(b) or subregulation (6) must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  when the suspension or cancellation takes effect; and

                     (c)  in the case of a suspension—when the suspension stops having effect.

Source        FARs section 21.51 modified.

Note 1:       The power of CASA to suspend or cancel a type acceptance certificate under subregulation (4) must be exercised by the Director personally: see paragraph 11.260(2)(d).

Note 2:       See also regulations 21.002C and 21.002E in relation to suspension and cancellation of type acceptance certificates.

21.053  Statement of conformity

             (1)  Each applicant must submit to CASA a statement of conformity in a manner and form acceptable to CASA for each aircraft engine and propeller presented to CASA for type certification. This statement of conformity must include a statement that the aircraft engine or propeller conforms to the type design therefor.

             (2)  Each applicant must submit to CASA a statement of conformity for each aircraft or part thereof presented to CASA for tests. This statement of conformity must include a statement to the effect that the applicant has complied with subregulation 21.033(1).

Source        FARs section 21.53 modified.

Subpart 21.CProvisional type certificates

Note:          A provisional type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

  

21.071  Applicability

                   This Subpart prescribes:

                     (a)  requirements for the issue of provisional type certificates, approvals of amendments to provisional type certificates, and approvals of provisional amendments to type certificates; and

                     (b)  rules governing the holders of those certificates.

Source        FARs section 21.71 modified.

21.073  Eligibility

             (1)  A manufacturer of aircraft manufactured in Australian territory is eligible to apply for a Class I or Class II provisional type certificate for the aircraft, for approval of an amendment to a Class I or Class II provisional type certificate held by the manufacturer, and for approval of a provisional amendment to a type certificate held by the manufacturer.

             (2)  Any manufacturer of aircraft manufactured in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import is eligible to apply for a Class II provisional type certificate, for approval of amendments to Class II provisional type certificates held by the manufacturer, and for approval of provisional amendments to type certificates held by the manufacturer.

             (3)  An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated aircraft engines manufactured by the manufacturer in Australian territory is eligible to apply for a Class I provisional type certificate for the aircraft, and for approval of amendments to Class I provisional type certificates held by the manufacturer, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate, restricted or transport category.

Source        FARs section 21.73 modified.

21.075  Application

                   Applications for provisional type certificates, for approval of amendments thereto, and for approval of provisional amendments to type certificates must be submitted in writing to CASA, and must be accompanied by the pertinent information specified in this Subpart.

Source        FARs section 21.75 modified.

21.076  Issue of provisional type certificate

                   Subject to regulation 11.055, CASA must issue a provisional type certificate, or an approval of amendments to a provisional type certificate, or an approval of provisional amendments to a type certificate, to an applicant for the certificate or approval if the applicant:

                     (a)  is eligible, under regulation 21.073, to apply for the certificate or approval; and

                     (b)  applies for the certificate or approval in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate or approval; and

                     (d)  otherwise complies with this Part.

21.077  Duration

             (1)  Unless sooner superseded or cancelled, provisional type certificates and amendments thereto are effective for the periods specified in this regulation.

             (2)  A Class I provisional type certificate is effective for 24 months after the date of issue.

             (3)  A Class II provisional type certificate is effective for 12 months after the date of issue.

             (4)  An amendment to a Class I or Class II provisional type certificate is effective for the duration of the amended certificate.

             (5)  A provisional amendment to a type certificate is effective for 6 months after its approval or until the amendment of the type certificate is approved, whichever is first.

Source        FARs section 21.77 modified.

21.078  Suspension and cancellation

             (1)  CASA may suspend or cancel a provisional type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

             (2)  A notice must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  in the case of a suspension—when the suspension stops having effect.

             (3)  Despite regulation 21.077, a provisional type certificate is not effective while it is suspended but the suspension period counts as part of a period mentioned in subregulation 21.077(2) or (3).

Note:          See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional type certificates.

21.081  Requirements for issue and amendment of Class I provisional type certificates

             (1)  An applicant for a type certificate or a supplemental type certificate is entitled to the issue of a Class I provisional type certificate, or an approval of an amendment of a Class I provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the relevant aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

                     (a)  established by the applicant under subregulation (4); and

                     (b)  in regulation 262AO of CAR.

             (2)  The applicant must certify that:

                     (a)  the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate or supplemental type certificate applied for; and

                     (b)  the aircraft substantially meets the applicable flight characteristic requirements for the type certificate or supplemental type certificate applied for; and

                     (c)  the aircraft can be operated safely under the appropriate operating limitations specified in subregulation (1).

             (3)  The applicant must submit a report to CASA showing that the aircraft had been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate or supplemental type certificate applied for, and to establish that the aircraft can be operated safely in accordance with the limitations contained in these Regulations.

             (4)  The applicant must establish all limitations required for the issue of the type certificate or supplemental type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

             (5)  The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

             (6)  The applicant must show CASA that a prototype aircraft has been flown for at least 50 hours under an experimental certificate or under the auspices of the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America. However, in the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source        FARs section 21.81 modified.

21.083  Requirements for issue and amendment of Class II provisional type certificates

             (1)  An applicant who manufactures an aircraft within Australian territory, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

                     (a)  set out in the provisional aircraft flight manual (if any) required by subregulation (7); and

                     (b)  in regulation 262AO of CAR.

             (2)  An applicant who manufactures an aircraft in a country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements of subregulation (5) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

                     (a)  in the provisional aircraft flight manual (if any) required by subregulation (7); and

                     (b)  in regulation 262AO of CAR.

             (3)  The applicant must hold a type certificate for at least one other aircraft in the same transport category as the subject aircraft.

             (4)  The flight test program to be carried out for the purposes of the type certificate or the flight test program conducted by the authorities of the country in which the aircraft was manufactured, with respect to the issue of a type certificate for that aircraft, must be in progress.

             (5)  The applicant or, in the case of a foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

                     (a)  the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate applied for; and

                     (b)  the aircraft substantially complies with the applicable flight characteristic requirements for the type certificate applied for; and

                     (c)  the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

             (6)  The applicant must submit a report to CASA showing that the aircraft has been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate and to establish that the aircraft can be operated safely in accordance with the limitations in these Regulations.

             (7)  The applicant must prepare a provisional aircraft flight manual containing all limitations required for the issue of the type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

             (8)  The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

             (9)  The applicant must show CASA that a prototype aircraft has been flown for at least 100 hours. In the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source        FARs section 21.83 modified.

21.085  Provisional amendments to type certificates

             (1)  An applicant who manufactures an aircraft within Australian territory, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

             (2)  An applicant who manufactures an aircraft in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements mentioned in subregulation (4) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

             (3)  The flight test program approved by CASA, or conducted under the agreement by the authorities of the country in which the aircraft was manufactured, with respect to the amendment of the type certificate, must be in progress.

             (4)  The applicant or, in the case of foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

                     (a)  the modification involved in the amendment to the type certificate has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate for the aircraft; and

                     (b)  the aircraft incorporating the modification substantially complies with the applicable flight characteristic requirements for the type certificate; and

                     (c)  the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

             (5)  The applicant must submit a report to CASA showing that the aircraft incorporating the modifications involved has been flown in all manoeuvres necessary to show compliance with the flight requirements applicable to those modifications and to establish that the aircraft can be operated safely in accordance with the limitations mentioned in regulation 262AO of CAR.

             (6)  The applicant must establish and publish, in a provisional aircraft flight manual or other document and on appropriate placards, all limitations required for the issue of the type certificate applied for, including weight, speed, flight manoeuvres, loading, and operation of controls and equipment, unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

             (7)  The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

             (8)  The applicant must operate a prototype aircraft, modified in accordance with the corresponding amendment to the type certificate, for the number of hours found necessary by CASA in the particular case.

Source        FARs section 21.85 modified.

Subpart 21.DChanges to type certificates

  

21.091  Applicability

                   This Subpart deals with the approval of changes to type certificates.

Source        FARs section 21.91 modified.

21.093  Classification of changes in type design

                   Changes in type design are classified as minor or major. A minor change is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of an aircraft, aircraft engine or propeller. All other changes are major changes.

Source        FARs section 21.93 modified.

21.095  Approval of minor changes in type design

             (1)  The holder of a type certificate for an aircraft, aircraft engine or propeller may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a minor change in the type design of the aircraft, aircraft engine or propeller.

             (2)  Subregulation (3) applies if the application is made to CASA or an authorised person.

             (3)  Subject to regulation 11.055, CASA or the authorised person must grant the approval if the type design, as modified by the minor change, would meet the requirements of this Part for the type design.

             (4)  Subregulation (5) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design would meet a requirement.

             (5)  If the approved design organisation is satisfied that the design would meet the requirement, the organisation may give CASA a certificate to that effect.

             (6)  For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (5), CASA need consider only that certificate in deciding whether the design would meet the requirement.

             (7)  Subregulation (8) applies if the application is made to an approved design organisation.

             (8)  Subject to regulation 11.055, the approved design organisation must grant the approval if the type design, as modified by the minor change, would meet:

                     (a)  the requirements of this Part for the type design; and

                     (b)  any requirements mentioned in the organisation’s exposition.

21.097  Eligibility for approval of major changes in type design

             (1)  The holder of a type certificate for an aircraft, aircraft engine or propeller is eligible to apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a major change in the type design of the aircraft, aircraft engine or propeller.

             (2)  An applicant is entitled to the approval if the applicant:

                     (a)  submits with the application substantiating data and necessary descriptive data for inclusion in the type design; and

                     (b)  complies with regulation 21.101.

             (3)  Approval of a major change in the type design of an aircraft engine is limited to the specific engine configuration upon which the change is made unless the applicant identifies in the necessary descriptive data for inclusion in the type design the other configurations of the same engine type for which approval is requested and shows that the change is compatible with the other configurations.

Source        FARs section 21.97 modified.

21.098  Issue of approval of major change in type design

             (1)  Subject to regulation 11.055, CASA, an authorised person or an approved design organisation must approve a major change in the type design of an aircraft, aircraft engine or propeller if the applicant for the approval:

                     (a)  is eligible, under subregulation 21.097(1), to apply for the approval; and

                     (b)  applies for the approval in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the approval; and

                     (d)  otherwise complies with this Part.

             (2)  Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the applicant meets a requirement mentioned in subregulation (1).

             (3)  If the approved design organisation is satisfied that the applicant meets the requirement, the organisation may give CASA a certificate to that effect.

             (4)  For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the applicant meets the requirement.

21.099  Required design changes

             (1)  If an airworthiness directive is issued for an aircraft, aircraft engine or propeller, and CASA considers that design changes are necessary to correct the unsafe condition of the aircraft, aircraft engine or propeller, the holder of the type certificate for the aircraft, aircraft engine or propeller must, on CASA’s request, submit appropriate design changes for approval.

Penalty:  50 penalty units.

          (1A)  If approval is granted for design changes mentioned in subregulation (1), the holder of the type certificate for the aircraft, aircraft engine or propeller must, on request by the operator of an affected aircraft, aircraft engine or propeller previously certificated under the type certificate, give to that operator the descriptive data covering the design changes.

Penalty:  50 penalty units.

             (2)  In a case where there are no current unsafe conditions, but CASA or the holder of the type certificate is satisfied through service experience that changes in type design will contribute to the safety of the aircraft, aircraft engine or propeller, the holder of the type certificate may submit appropriate design changes for approval. Upon approval of the changes, and on request by an operator of the same type of aircraft, aircraft engine or propeller, the manufacturer must give information on the design changes to the operator.

Penalty:  5 penalty units.

             (3)  An offence against subregulation (1), (1A) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.99 modified.

21.101  Designation of applicable regulations

             (1)  An applicant for approval of a change in the type design described or identified in a type certificate must comply with either:

                     (a)  the regulations mentioned in the type certificate; or

                     (b)  the applicable regulations in effect on the date of the application, plus any other amendments that CASA is satisfied are directly related.

             (2)  If CASA is satisfied that a proposed change consists of a new design or a substantially complete redesign of a component, equipment installation, or system installation, and that the regulations mentioned in the type certificate for the aircraft, aircraft engine or propeller do not provide adequate standards with respect to the proposed change, the applicant must comply with:

                     (a)  the applicable provisions of these Regulations, in effect on the date of the application for the change, that CASA is satisfied are necessary to provide a level of safety equivalent to that established by the regulations mentioned in the type certificate for the aircraft, aircraft engine or propeller; and

                     (b)  any special conditions, and amendments to those special conditions, prescribed by CASA to provide a level of safety equal to that established by the regulations mentioned in the type certificate for the aircraft, aircraft engine or propeller.

             (3)  Unless otherwise required by subregulation 21.019(1), an applicant for a change to a type certificate for a transport category aeroplane involving the replacement of reciprocating engines with the same number of turbopropeller powerplants must comply with the provisions of Part 25 of the FARs for the aeroplane as type certificated with reciprocating engines, and with the following:

                     (a)  the certification performance requirements prescribed in sections 25.101 to 25.125 (inclusive) and 25.149, 25.1533, 25.1583, and 25.1587 of Part 25 of the FARs;

                     (b)  the powerplant requirements of Part 25 of the FARs that apply to turbopropeller engine‑powered aeroplanes;

                     (c)  the requirements of Part 25 of the FARs for the standardisation of cockpit controls and instruments, unless CASA is satisfied that compliance with a particular detailed requirement would be impractical and would not contribute materially to standardisation;

                     (d)  any other requirement of Part 25 of the FARs that applies to turbopropeller engine‑powered aeroplanes that CASA is satisfied relates to the changes in engines and that is necessary to ensure a level of safety equal to that of the aeroplane certificated with reciprocating engines.

             (4)  For subregulation (3), for each new limitation established with respect to weight, speed, or altitude that is significantly altered from those approved for the aeroplane with reciprocating engines, the applicant must show compliance with the requirements of Part 25 of the FARs applicable to the limitations being changed.

Source        FARs section 21.101 modified.

Subpart 21.ESupplemental type certificates

Note:          A supplemental type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

  

21.111  Applicability

                   This Subpart prescribes requirements for the issue of supplemental type certificates.

Source        FARs section 21.111 modified.

21.113  Eligibility for supplemental type certificate

             (1)  Any person is eligible to apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller, if the change is not great enough to require an application for a new type certificate under regulation 21.019.

             (2)  The holder of the type certificate for the aircraft, aircraft engine or propeller may apply for amendment of the type certificate instead of applying for a supplemental type certificate.

Source        FARs section 21.113 modified.

21.113A  Issue of supplemental type certificate

                   Subject to regulation 11.055, CASA must issue a supplemental type certificate to an applicant for the certificate if the applicant:

                     (a)  is eligible, under regulation 21.113, to apply for the certificate; and

                     (b)  applies for the certificate in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate; and

                     (d)  otherwise complies with this Part.

21.114  Foreign supplemental type certificates

                   A certificate (however described) for an aircraft, aircraft engine or propeller that is issued by or for the national aviation authority of a recognised country and is equivalent to a supplemental type certificate that could have been issued by CASA (a foreign supplemental type certificate) is taken to have been issued by CASA for these Regulations.

21.115  Entitlement to supplemental type certificate—meeting applicable airworthiness requirements

             (1)  An applicant is entitled to a supplemental type certificate if CASA is satisfied that:

                     (a)  either:

                              (i)  the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

                             (ii)  the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non‑compliance is compensated for by factors that provide an equivalent level of safety; and

                     (b)  no feature or characteristic of the change in type design makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

             (2)  Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the altered aircraft, aircraft engine or propeller meets:

                     (a)  an applicable airworthiness requirement mentioned in subparagraph (1)(a)(i); or

                     (b)  the requirement mentioned in paragraph (1)(b).

             (3)  If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

             (4)  For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

             (5)  Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change in the type design, as if it were an application for a type certificate under Subpart 21.B.

Source        FARs section 21.115 modified.

21.117  What supplemental type certificates are taken to consist of

                   A supplemental type certificate is taken to consist of:

                     (a)  the type certificate or type acceptance certificate previously issued for the aircraft, aircraft engine or propeller; and

                     (b)  each change in the type design of the aircraft, aircraft engine or propeller described or identified in the supplemental type certificate.

Source        FARs section 21.117 modified.

21.118  Duration, suspension and cancellation of supplemental type certificates

             (1)  A supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled or the type certificate previously issued for the aircraft, aircraft engine or propeller is cancelled, whichever happens first.

             (2)  Despite subregulation (1), a supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

             (3)  CASA may suspend or cancel a supplemental type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

             (4)  If CASA suspends or cancels a supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

             (5)  A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

             (6)  A notice under subregulation (3) or (4) must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  when the suspension or cancellation takes effect; and

                     (c)  in the case of a suspension—when the suspension stops having effect.

Note:          See also regulations 21.002C and 21.002E in relation to suspension and cancellation of supplemental type certificates.

21.119  Duration, suspension and cancellation of foreign supplemental type certificates

             (1)  A foreign supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled by CASA or the national aviation authority of the relevant recognised country.

             (2)  Despite subregulation (1), a foreign supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

             (3)  CASA may suspend or cancel a foreign supplemental type certificate if CASA considers that it is necessary to do so in the interests of aviation safety.

             (4)  If CASA suspends or cancels a foreign supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

             (5)  A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

             (6)  A notice must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  when the suspension or cancellation takes effect; and

                     (c)  in the case of a suspension—when the suspension stops having effect.

Note:          See also regulations 21.002C and 21.002E in relation to suspension and cancellation of foreign supplemental type certificates.

21.120  Transfer of supplemental type certificates

             (1)  The holder of a supplemental type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

                     (a)  the certificate; and

                     (b)  a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

             (2)  However, the certificate may be transferred only with the written consent of the transferee.

             (3)  The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

                     (a)  the date of the transfer; and

                     (b)  the name and address of the transferee.

Penalty:  50 penalty units.

             (4)  An offence against this regulation is an offence of strict liability.

21.120A  Licensing of supplemental type certificates

             (1)  The holder of a supplemental type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

             (2)  The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

                     (a)  the date of the licensing agreement; and

                     (b)  the name and address of the licensee; and

                     (c)  the benefits conferred on the licensee.

Penalty:  50 penalty units.

             (3)  The licensor commits an offence if:

                     (a)  the licensing agreement is terminated; and

                     (b)  the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty:  50 penalty units.

             (4)  An offence against this regulation is an offence of strict liability.

21.120B  Variations of supplemental type certificates

             (1)  The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller.

             (2)  The application may be made to:

                     (a)  CASA; or

                     (b)  an authorised person; or

                     (c)  a relevant approved design organisation.

             (3)  Subject to regulation 11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that:

                     (a)  either:

                              (i)  the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

                             (ii)  the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non‑compliance is compensated for by factors that provide an equivalent level of safety; and

                     (b)  no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

             (4)  Subject to regulation 11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that:

                     (a)  the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); and

                     (b)  no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

             (5)  Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets:

                     (a)  an applicable airworthiness requirement mentioned in subparagraph (3)(a)(i); or

                     (b)  the requirement mentioned in paragraph (3)(b).

             (6)  If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

             (7)  For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

             (8)  Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if:

                     (a)  the application were an application for a type certificate under Subpart 21.B; and

                     (b)  each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made.

Subpart 21.FProduction under type certificate only

  

21.121  Applicability

             (1)  This Subpart prescribes rules for the production of an aircraft, aircraft engine or propeller under a type certificate only.

             (2)  For this Subpart, a person manufactures an aircraft, aircraft engine or propeller under a type certificate only if the person is the holder, or licensee, of a type certificate, but not a production certificate, for the aircraft, aircraft engine or propeller.

Source        FARs section 21.121 modified.

Note:          Subpart 21.G deals with production certificates.

21.123  Production under type certificate

             (1)  Each manufacturer of an aircraft, aircraft engine or propeller being manufactured under a type certificate only must:

                     (a)  make each aircraft, aircraft engine or propeller available for inspection by CASA; and

                     (b)  maintain at the place of manufacture the technical data and drawings necessary for CASA to determine whether the aircraft, aircraft engine or propeller and its parts conform to the type design; and

                     (c)  establish and maintain an approved production inspection system that:

                              (i)  meets the requirements of subregulation 21.125(2); and

                             (ii)  ensures that each aircraft, aircraft engine or propeller manufactured under the type certificate more than 6 months after it was issued conforms to the type design and is in a condition for safe operation; and

                     (d)  upon the establishment of the approved production inspection system—submit to CASA a manual that describes the system and the means for meeting the requirements of subregulation 21.125(2).

Penalty:  25 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Each manufacturer may apply to CASA for an extension of the period of 6 months mentioned in subparagraph (1)(c)(ii).

             (3)  CASA may extend the period in a particular case if unusual or extenuating circumstances prevent the manufacturer from establishing an approved production inspection system within 6 months after the issue of the type certificate.

Source        FARs section 21.123 modified.

21.125  Production inspection system: Materials Review Board

             (1)  Each manufacturer required to establish a production inspection system under paragraph 21.123(1)(c) must:

                     (a)  establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

                     (b)  maintain complete records of Materials Review Board action for at least two years after the action was taken.

Penalty:  50 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  The production inspection system must provide for the following:

                     (a)  ensuring that incoming materials, and bought or subcontracted parts, used in the finished aircraft, aircraft engine or propeller comply with the technical data for the type design, or are suitable equivalents;

                     (b)  properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

                     (c)  suitable storage and adequate protection of materials subject to damage and deterioration;

                     (d)  carrying out processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller in accordance with acceptable industry or Australian specifications;

                     (e)  inspecting parts and components during production for conformity with the technical data for the type design at points in the process where accurate determinations can be made;

                      (f)  ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

                     (g)  ensuring that design changes, including material substitutions, are controlled before being incorporated in a finished aircraft, aircraft engine or propeller;

                     (h)  segregating, identifying, marking and disposing of rejected materials and parts in a manner that precludes installation in the finished aircraft, aircraft engine or propeller;

                      (i)  a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from the technical data for the type design, and that are to be considered for installation in a finished aircraft, aircraft engine or propeller;

                      (j)  a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

                     (k)  maintaining inspection records, identified with the finished aircraft, aircraft engine or propeller where practicable, and retaining them for at least 2 years.

Source        FARs section 21.125 modified.

21.127  Tests: aircraft

             (1)  Each person manufacturing aircraft under a type certificate only must establish an approved production flight test procedure and flight check‑off form, and in accordance with that form, flight test each aircraft produced.

Penalty:  25 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Each production flight test procedure must include the following:

                     (a)  an operational check of the trim, controllability, or other flight characteristics to establish that the production aircraft has the same range and degree of control as the prototype aircraft;

                     (b)  an operational check of each part or system operated by the crew while in flight to establish that, during flight, instrument readings are within normal range;

                     (c)  a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test;

                     (d)  a check of the operational characteristics of the aircraft on the ground;

                     (e)  a check on any other items peculiar to the aircraft being tested that can best be done during the ground or flight operation of the aircraft.

Source        FARs section 21.127 modified.

21.128  Tests: aircraft engines

             (1)  Each person manufacturing aircraft engines that are not rocket engines under a type certificate only must subject each engine to an acceptable test run that includes the following:

                     (a)  break‑in runs that include a determination of fuel and oil consumption and a determination of power characteristics at rated maximum continuous power or thrust and, if applicable, at rated take‑off power or thrust;

                     (b)  at least five hours of operation at rated maximum continuous power or thrust, including, for engines having a rated take‑off power or thrust higher than rated maximum continuous power or thrust, 30 minutes at rated take‑off power or thrust.

Penalty:  25 penalty units.

             (2)  The test runs required by subregulation (1) may be made with the engine appropriately mounted and using current types of power and thrust measuring equipment.

             (3)  A person manufacturing rocket engines under a type certificate only must establish a sampling technique for testing the engines.

Penalty:  25 penalty units.

             (4)  An offence against subregulation (1) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.128 modified.

21.129  Tests: variable pitch propellers

             (1)  Each person manufacturing variable pitch propellers under a type certificate only must give each propeller an acceptable functional test to determine if it operates properly throughout the normal range of operation.

Penalty:  25 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.129 modified.

21.130  Statement of conformity

             (1)  Each holder or licensee of a type certificate for a type of aircraft, aircraft engine or propeller must give CASA a statement of conformity, in a form acceptable to CASA, for each aircraft, aircraft engine or propeller manufactured under the type certificate only:

                     (a)  when the holder or licensee applies for the original issue of an aircraft certificate of airworthiness or an aircraft engine or propeller authorised release certificate for the aircraft, aircraft engine or propeller; or

                     (b)  if the holder or licensee transfers the ownership of the aircraft, aircraft engine or propeller without applying for an authorised release certificate for it—when the ownership of the aircraft, aircraft engine or propeller is transferred.

             (2)  The statement of conformity must be signed by a person who holds a responsible position in the manufacturing organisation and has been authorised by the manufacturer to sign the statement, and must include:

                     (a)  for each aircraft, aircraft engine or propeller, a statement that it conforms to its type certificate and is in a condition for safe operation; and

                     (b)  for each aircraft, a statement that the aircraft has been flight checked; and

                     (c)  for each aircraft engine or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final operational check.

             (3)  However, in the case of an aircraft, aircraft engine or propeller manufactured for the Defence Force, or for an armed force of Canada, the United Kingdom or the United States of America, a statement of conformity is not required if the aircraft, aircraft engine or propeller has been accepted by the relevant force.

Source        FARs section 21.130 modified.

21.130A  Records to be kept by manufacturer

             (1)  A person who manufactures an aircraft, aircraft engine or propeller under a type certificate only must keep, at the place of manufacture, the following current records for the aircraft, aircraft engine or propeller:

                     (a)  a technical data file that includes the type design drawings, specifications, reports on tests prescribed by this Part, and the original type inspection report and any amendments to that report;

                     (b)  the information required to prepare the statement of conformity mentioned in regulation 21.130;

                     (c)  a complete inspection record, the serial number, and data covering the processes and tests to which materials and parts are subjected;

                     (d)  a record of service difficulties reported to the manufacturer.

Penalty:  50 penalty units.

             (2)  The records mentioned in paragraphs (1)(a) and (b) must be kept for the period in which aircraft, aircraft engines or propellers are manufactured by the person under the type certificate.

Penalty:  50 penalty units.

             (3)  The records mentioned in paragraphs (1)(c) and (d) must be kept for 2 years after the aircraft, aircraft engine or propeller to which the records relate was manufactured.

Penalty:  50 penalty units.

             (4)  On CASA’s request, the records must be made available for examination by CASA.

Penalty:  50 penalty units.

             (5)  If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.293 modified.

Subpart 21.GProduction certificates

  

21.131  Applicability

                   This Subpart prescribes requirements for the issue of production certificates and rules governing production of Class I, Class II, Class III and unapproved Class I products by the holders of those certificates.

Source        FARs section 21.131 modified.

21.132  Definitions for Subpart 21.G

                   For this Subpart:

Class I product includes a complete aircraft, aircraft engine or propeller for which a foreign type certificate has been issued.

Class II product includes a major component of:

                     (a)  a Class I product; or

                     (b)  an unapproved Class I product.

product design means:

                     (a)  for an unapproved Class I product—the design that was submitted with the application for a foreign type certificate; and

                     (b)  for a Class II or Class III product—the design for the product that is:

                              (i)  approved under regulation 21.132A; or

                             (ii)  if the product is manufactured under an agreement with a foreign manufacturer for supply to that manufacturer—approved by the national aviation authority of the relevant foreign country; or

                            (iii)  approved in a supplemental type certificate or a foreign supplemental type certificate; or

                            (iv)  approved in a modification/repair design approval or in accordance with a method specified in a legislative instrument issued under regulation 21.475; or

                             (v)  taken to be approved under regulation 21.465 or 21.470; or

                            (vi)  covered by an approval that continues in force under regulation 202.054, 202.055 or 202.056.

unapproved Class I product means a complete aircraft, aircraft engine or propeller:

                     (a)  designed by or for a manufacturer that is in a foreign country; and

                     (b)  for which an application for a foreign type certificate has been made; and

                     (c)  for which no foreign type certificate has been issued.

Note:          See also the definitions of Class I product, Class II product and Class III product in regulation 21.321.

21.132A  Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation

             (1)  A person may apply, in writing, to CASA or an authorised person or relevant approved design organisation for approval of the design of a Class II or Class III product.

             (2)  Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the design of the product if satisfied that the design:

                     (a)  consists of drawings, specifications and other information that fully describe the product; and

                     (b)  includes all the information necessary to manufacture the product, including:

                              (i)  information that shows the dimensions and appearance of the product; and

                             (ii)  the materials used in the manufacture of the product; and

                            (iii)  information about the process or processes used to manufacture the product; and

                            (iv)  any methods used to test or measure the product; and

                             (v)  information that shows the structural strength of the product; and

                     (c)  meets the applicable airworthiness standards for the product.

             (3)  For paragraph (2)(c), if the application is made to CASA, CASA may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

                     (a)  an examination of the design; or

                     (b)  the technical data for the design approved under regulation 21.009; or

                     (c)  a certificate from an approved design organisation under subregulation (6).

             (4)  For paragraph (2)(c), if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

                     (a)  an examination of the design; or

                     (b)  the technical data for the design approved under regulation 21.009.

             (5)  Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the applicable airworthiness standards for the product.

             (6)  If the approved design organisation is satisfied that the design meets the airworthiness standards, the organisation may give CASA a certificate to that effect.

21.133  Eligibility

             (1)  A person is eligible to apply for a production certificate for a Class I product if the person:

                     (a)  holds a current type certificate or foreign type certificate for the product; or

                     (b)  holds the right, under a licensing agreement, to the benefits of the type certificate or foreign type certificate for the product; or

                     (c)  holds a supplemental type certificate or foreign supplemental type certificate for the product; or

                     (d)  holds the right, under a licensing agreement, to the benefits of the supplemental type certificate or foreign supplemental type certificate for the product.

             (2)  A person is also eligible to apply for a production certificate if:

                     (a)  the person has an agreement with a foreign manufacturer to:

                              (i)  manufacture a Class I, Class II, Class III or unapproved Class I product; and

                             (ii)  supply the product to the foreign manufacturer; and

                     (b)  the terms of the agreement require that the person be approved to manufacture the product.

          (2A)  A person is also eligible to apply for a production certificate for a Class II or Class III product if:

                     (a)  the product is an aircraft component of a type in respect of which a certificate of type approval is in force; and

                     (b)  the person is lawfully manufacturing the component or is proposing to manufacture the component and is entitled to do so.

          (2B)  A person is also eligible to apply for a production certificate to manufacture a Class II or Class III product on a one‑off basis for supply to:

                     (a)  the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or

                     (b)  the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller.

Source        FARs section 21.133 modified.

21.134  Issue of production certificate

                   Subject to regulation 11.055, CASA must issue a production certificate to an applicant for the certificate if the applicant:

                     (a)  is eligible, under regulation 21.133, to apply for the certificate; and

                     (b)  applies for the certificate in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate; and

                     (d)  otherwise complies with this Part.

21.135  Requirements for entitlement

             (1)  An applicant is entitled to a production certificate if CASA is satisfied that the applicant has complied with regulations 21.139 and 21.143 in relation to the Class I, Class II, Class III or unapproved class I product to be manufactured under the certificate.

             (2)  CASA may inspect the applicant’s organisation and manufacturing facilities to determine whether the applicant has complied with regulations 21.139 and 21.143.

Source        FARs section 21.135 modified.

21.137  Location of manufacturing facilities

                   Despite regulation 21.134, CASA is not required to issue a production certificate if the manufacturing facilities concerned are located outside Australian territory, unless there is no undue burden on CASA in administering the applicable requirements of these Regulations.

Source        FARs section 21.137 modified.

21.139  Quality system

                   An applicant for a production certificate must show that the applicant has established, and can maintain, a quality system so that:

                     (a)  each Class I product to be manufactured under the certificate will conform to the type design for the product; and

                     (b)  each Class II, Class III or unapproved Class I product to be manufactured under the certificate will conform to the product design for the product.

Source        FARs section 21.139 modified.

21.143  Quality system data requirements: prime manufacturer

             (1)  An applicant for a production certificate must submit to CASA, for approval, a manual describing the inspection and test procedures necessary to ensure that each product manufactured under the production certificate is in a condition for safe operation and conforms to:

                     (a)  for a Class I product—the type design; and

                     (b)  for a Class II, Class III or unapproved Class I product—the product design.

          (1A)  The manual mentioned in subregulation (1) must include any of the following that apply to the product:

                     (a)  a statement describing how responsibilities are assigned and authority is delegated in the quality system organisation, together with a chart indicating:

                              (i)  the functional relationship of the quality system organisation to management and to other organisational components; and

                             (ii)  the chain of authority and responsibility within the quality system organisation;

                     (b)  a description of:

                              (i)  the inspection procedures for raw materials, purchased items and parts and assemblies produced by manufacturers’ suppliers; and

                             (ii)  the methods used to ensure that parts and assemblies that cannot be completely inspected when delivered to the production certificate holder’s plant are acceptable;

                     (c)  a description of:

                              (i)  the production inspection system for individual parts and complete assemblies; and

                             (ii)  the methods used for the identification of any special manufacturing processes involved; and

                            (iii)  the means used to control the processes; and

                            (iv)  the final test procedure for the product; and

                             (v)  in the case of a Class I product that is a completed aircraft, a copy of the manufacturer’s production flight test procedures and check‑off list;

                     (d)  for a product other than a Class II or Class III product referred to in subregulation 21.133(2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts;

                     (e)  an outline of a system for informing company inspectors of current changes in engineering drawings, specifications, and quality system procedures;

                      (f)  a list or chart showing the location and type of inspection stations.

Note:          A Materials Review Board must be established by the holder of a production certificate: see regulation 21.145.

          (1B)  CASA must approve a manual that is prepared for, and meets the requirements of, this regulation.

             (2)  The holder of a production certificate must, on the request of CASA, make available to CASA information regarding all delegation of authority to suppliers to make major inspections of parts or assemblies for which the holder is responsible.

Penalty:  25 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.143 modified.

21.144  Production inspection system

                   The production inspection system mentioned in paragraph 21.143(1A)(c) must provide for the following:

                     (a)  properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

                     (b)  suitable storage and adequate protection of materials subject to damage and deterioration;

                     (c)  carrying out processes affecting the quality and safety of the finished Class I, Class II, Class III or unapproved Class I product in accordance with acceptable industry or Australian specifications;

                     (d)  inspecting parts and components, at points during the production process at which accurate determinations can be made, to determine whether:

                              (i)  parts and components for a Class I product conform to the type design data for the product; or

                             (ii)  parts and components for a Class II, Class III or unapproved Class I product conform to the product design data for the product;

                     (e)  ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

                      (f)  ensuring that design changes, including material substitutions, are controlled before being incorporated in:

                              (i)  a finished Class I product; or

                             (ii)  a Class II, Class III or unapproved Class I product;

                     (g)  segregating and identifying rejected materials and parts in a manner that precludes installation in the finished Class I, Class II, Class III or unapproved Class I product;

                     (h)  a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in a finished Class I, Class II, Class III or unapproved Class I product;

                      (i)  a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

                      (j)  maintaining inspection records, identified with the finished Class I, Class II, Class III or unapproved Class I product where practicable, and retaining them for at least 2 years.

Source        FARs section 21.125 modified.

21.145  Materials Review Board

             (1)  The holder of a production certificate (other than a production certificate referred to in subregulation 21.133(2B)) must:

                     (a)  establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

                     (b)  maintain complete records of Materials Review Board action for at least 2 years after the action was taken.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.125 modified.

21.147  Changes in quality system

             (1)  After the issue of a production certificate, each change to the quality system is subject to review by CASA.

             (2)  The holder of a production certificate must immediately notify CASA, in writing, of any change to the quality system that may affect:

                     (a)  the inspection of a Class I product being manufactured under the certificate, or the conformity of such a product to its type design data, or the airworthiness of such a product; or

                     (b)  the inspection of an unapproved Class I product being manufactured under the certificate, or the conformity of such a product to its product design data, or the airworthiness of such a product; or

                     (c)  the inspection of a Class II or Class III product being manufactured under the certificate, or the conformity of such a product to its product design data.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

21.149  Multiple products

                   CASA may authorise more than 1 Class I, Class II, Class III or unapproved Class I product to be manufactured under 1 production certificate if the products have similar production characteristics.

Source        FARs section 21.149 modified.

21.151  Production limitation record

                   A production certificate must include, or have attached to it, a production limitation record that sets out:

                     (a)  for a Class I product—the type certificate or foreign type certificate of each product authorised to be manufactured under the production certificate; and

                     (b)  for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133(2B)) or an unapproved Class I product—the product design of each product authorised to be manufactured under the production certificate; and

                     (c)  for a Class II or Class III product referred to in subregulation 21.133(2B)—a description of each product authorised to be manufactured under the production certificate.

Source        FARs section 21.151 modified.

21.153  Amendment of production certificate

             (1)  The holder of a production certificate may apply to CASA to amend the certificate to add 1 or more of the following:

                     (a)  a Class I product type certificate or foreign type certificate;

                     (b)  a model to a Class I product type certificate or foreign type certificate;

                     (c)  an unapproved Class I product design;

                     (d)  a Class II product design;

                     (e)  a Class III product design.

             (2)  CASA may amend the certificate if the applicant complies with the applicable requirements of regulations 21.139, 21.143 and 21.147.

Source        FARs section 21.153 modified.

21.157  Inspections and tests

             (1)  If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.157 modified.

21.159  Duration

             (1)  A production certificate ceases to be in force:

                     (a)  if the location of the manufacturing facility is changed; or

                     (b)  if it is cancelled; or

                     (c)  if a termination date is specified in the certificate—at midnight on that date.

             (2)  A production certificate is not in force during any period of suspension.

             (3)  CASA may suspend or cancel a production certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

             (4)  A notice must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  in the case of a suspension—when the suspension stops having effect.

Source        FARs section 21.159 modified.

Note:          See also regulations 21.002C and 21.002E in relation to suspension and cancellation of production certificates.

21.161  Display

             (1)  The holder of a production certificate must take reasonable steps to ensure that it is displayed prominently in the main office of the manufacturing facility in which the aircraft, aircraft engine or propeller to which the certificate relates is manufactured.

Penalty:  5 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.161 modified.

21.163  Privileges for holders of production certificates—conduct of training in particular maintenance

Primary category aircraft

             (1)  Subregulation (2) applies to:

                     (a)  a person who:

                              (i)  holds a production certificate for a primary category aircraft of a particular type and model; and

                             (ii)  is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(1); and

                     (b)  a person who:

                              (i)  holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and

                             (ii)  is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(3).

             (2)  Subject to subregulation (5), the person may:

                     (a)  conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.024(2); and

                     (b)  if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.

Intermediate category aircraft

             (3)  Subregulation (4) applies to a person who:

                     (a)  holds a production certificate for an intermediate category aircraft of a particular type and model; and

                     (b)  is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A(1).

             (4)  Subject to subregulation (5), a person who is eligible may:

                     (a)  conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.026(2); and

                     (b)  if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.

Training to be given by licensed aircraft maintenance engineer

             (5)  For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer:

                     (a)  who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and

                     (b)  if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionary—whose licence is endorsed with the rating for that aircraft type.

Source        FARs section 21.163 modified.

21.165  Responsibility of holder of production certificate

             (1)  The holder of a production certificate must maintain the quality system in conformity with the manual approved under regulation 21.143 in relation to the production certificate.

Penalty:  50 penalty units.

             (2)  The holder of a production certificate for a Class I product must ensure that each finished product that is:

                     (a)  manufactured under the authority of the certificate; and

                     (b)  submitted for airworthiness certification or approval;

conforms to the type design for the product and is in a condition for safe operation.

Penalty:  50 penalty units.

             (3)  The holder of a production certificate for a Class II, Class III or unapproved Class I product must ensure that each product that is:

                     (a)  manufactured under the authority of the certificate; and

                     (b)  submitted for approval;

conforms to the product design and is in a condition for safe operation.

Penalty:  50 penalty units.

             (4)  An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.165 modified.

21.166  Records to be kept by holder of production certificate

             (1)  A person who manufactures a Class I, Class II, Class III or unapproved Class I product under a production certificate must keep, at the place of manufacture, the following records for each product:

                     (a)  for a Class I product, a technical data file that includes:

                              (i)  the current type design drawings; and

                             (ii)  the current specifications; and

                            (iii)  the reports on the results of any tests required by or under this Part; and

                            (iv)  the original type inspection report; and

                             (v)  any amendments to that report;

                     (b)  for a Class II, Class III or unapproved Class I product, the current product design and the reports on the results of any tests required by or under this Part;

                     (c)  any data (including any amendments) required to be submitted with the original application for the production certificate;

                     (d)  a record of any rebuilding or alteration performed by the person;

                     (e)  an inspection record;

                      (f)  any serial number;

                     (g)  any data about the processes and tests to which materials and parts used in the product are subjected;

                     (h)  a record of any service difficulties reported to the person.

Penalty:  50 penalty units.

             (2)  The records mentioned in paragraphs (1)(a), (b), (c) and (d) must be retained for the period during which the product is manufactured by the person under the production certificate.

Penalty:  50 penalty units.

             (3)  The records mentioned in paragraphs (1)(e), (f), (g) and (h) must be retained for 2 years after the manufacture of the product to which the records relate.

Penalty:  50 penalty units.

             (4)  The person must allow CASA to examine the records at any reasonable time after reasonable notice is given to the person.

Penalty:  50 penalty units.

             (5)  If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.293 modified.

Subpart 21.HCertificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

Note:          A certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

  

21.171  Applicability

                   This Subpart prescribes requirements for the issue of certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits.

Source        FARs section 21.171 modified.

Note:          Under Part 200 (Aircraft to which CASR do not apply), certain Australian aircraft are authorised to fly without a certificate of airworthiness.

21.172  Definitions for Subpart

                   In this Subpart:

LSA standards means:

                     (a)  the standards for the design, performance or continuing airworthiness of light sport aircraft issued by the American Society for Testing and Materials, as in force from time to time; or

                     (b)  any other standards, for the design, performance or continuing airworthiness of light sport aircraft, the use of which is approved by CASA.

Note 1:       Advisory Circular 21‑42 lists the LSA standards.

Note 2:       The standards issued by the American Society for Testing and Materials may be found in www. astm.com.

qualified manufacturer of a light sport aircraft means:

                     (a)  a manufacturer who, at the time the light sport aircraft was manufactured, held a current production certificate for an aircraft; or

                     (b)  a manufacturer who has made a written declaration that, at the time the light sport aircraft was manufactured, it had:

                              (i)  contracted engineering personnel with experience in ultralight or light aircraft design to ensure compliance with LSA standards referred to in paragraph 21.186(2)(b); and

                             (ii)  facilities and tools suitable for the production of the aircraft in accordance with the applicable LSA standards; and

                            (iii)  competent personnel, with appropriate training, skills and experience, to perform work that affects product quality.

21.173  Eligibility

             (1)  An aircraft registration holder, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply to CASA or an authorised person for a certificate of airworthiness for the aircraft.

Note:          For the meaning of sport aviation body, see subregulation 2(1) of CAR.

             (3)  In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

Source        FARs section 21.173 modified.

21.175  Certificates of airworthiness: classification

                   In these Regulations:

special certificate of airworthiness means:

                     (a)  a certificate of airworthiness issued for:

                              (i)  an aircraft type certificated in the primary, intermediate or restricted category; or

                             (ii)  an aircraft in the limited category; or

                            (iii)  an amateur‑built aircraft accepted under an ABAA; or

                            (iv)  a light sport aircraft covered by regulation 21.186; or

                     (b)  a provisional certificate of airworthiness; or

                     (c)  an experimental certificate.

standard certificate of airworthiness means a certificate of airworthiness issued for:

                     (a)  an aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category; or

                     (b)  a manned free balloon; or

                     (c)  an aircraft in a special class of aircraft.

Source        FARs section 21.175 modified.

21.176  Issue of certain certificates of airworthiness

             (1)  Subject to regulation 11.055, CASA or an authorised person must issue a certificate of airworthiness to an applicant for the certificate if the applicant:

                     (a)  is eligible, under regulation 21.173, to apply for the certificate; and

                     (b)  applies for the certificate in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate; and

                     (d)  otherwise complies with this Part.

             (3)  A condition imposed on a certificate of airworthiness under regulation 11.056 may include operational limitations.

             (4)  Any conditions imposed on a certificate of airworthiness under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing, and set out in, or attached to, the certificate of airworthiness.

             (6)  In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

21.179  Transferability

                   Subject to regulation 21.219, a certificate of airworthiness is transferred with the aircraft.

Source        FARs section 21.179 modified.

Note:          Regulation 21.219 relates to the transferability of provisional certificates of airworthiness.

21.181  Duration of certain certificates of airworthiness

             (1)  In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

             (2)  Subject to subregulation (4), a certificate of airworthiness continues in force:

                     (a)  if a period is specified in the certificate—until the end of the period or until it is cancelled, whichever occurs first; or

                     (b)  in any other case—until it is cancelled.

             (3)  The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person.

Penalty:  5 penalty units.

             (4)  A certificate of airworthiness for an aircraft stops being in force if:

                     (a)  the aircraft ceases to be registered in Australia; or

                     (b)  any type certificate or type acceptance certificate for the type of aircraft concerned stops being in force; or

                     (c)  in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, a modification is made to the aircraft and the modification:

                              (i)  is not authorised by the manufacturer; or

                             (ii)  if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that time—is not authorised by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the light sport aircraft; or

                            (iii)  does not comply with the LSA standards.

             (5)  CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in regular public transport operations, by written notice given to its holder, if:

                     (a)  for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

                    (aa)  for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

                     (b)  the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft’s original type certificate was issued or the national aviation authority of a Contracting State, with respect to:

                              (i)  collecting and investigating information on defects; or

                             (ii)  reporting defects to the national aviation authority of the country of original type certification; or

                            (iii)  keeping type records; or

                            (iv)  producing and maintaining manuals; or

                             (v)  issuing instructions for continuing airworthiness; or

                     (c)  CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

             (6)  CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if:

                     (a)  for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

                    (aa)  for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

                     (b)  CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

             (7)  A notice under subregulation (5) or (6) must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  in the case of a suspension—when the suspension stops having effect.

             (8)  Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

             (9)  The holder of a certificate of airworthiness that stops being in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.

Penalty:  5 penalty units.

           (10)  An offence against subregulation (3) or (9) is an offence of strict liability.

Note 1:       For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.181 modified.

Note 2:       See also regulations 21.002C and 21.002E in relation to suspension and cancellation of certificates of airworthiness.

21.182  Aircraft manufacturer’s data plate

             (1)  Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:

                     (a)  as required by Subpart 21.Q; or

                     (b)  in the case of an imported aircraft:

                              (i)  as required by the national aviation authority of the Contracting State in which it was certificated; or

                             (ii)  in another way acceptable to CASA.

             (2)  Subregulation (1) does not apply to an applicant:

                     (a)  if the applicant is applying for an experimental certificate for an aircraft that is not an amateur‑built aircraft, a kit‑built aircraft or a light sport aircraft; or

                     (b)  if:

                              (i)  a different certificate of airworthiness is in force for the aircraft; and

                             (ii)  the applicant for the issue of that certificate complied with subregulation (1).

Source        FARs section 21.182 modified.

21.183  Standard certificates of airworthiness

New aircraft manufactured under a production certificate

             (1)  An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

                     (a)  does not conform to the type design; or

                     (b)  has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

                     (c)  is not in a condition for safe operation.

New aircraft manufactured under type certificate only

             (2)  An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a type certificate only is entitled to the certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity required by regulation 21.130, if CASA finds after inspection that the aircraft:

                     (a)  conforms to the type design; and

                     (b)  has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  is in a condition for safe operation; and

                     (d)  was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate.

Imported aircraft

             (3)  An applicant for a standard certificate of airworthiness for an aircraft for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person is satisfied that:

                     (a)  the aircraft conforms to the type design; and

                     (b)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  the aircraft is in a condition for safe operation.

Other aircraft

             (4)  An applicant for a standard certificate of airworthiness for aircraft not covered by subregulation (1), (2) or (3) is entitled to the certificate if:

                     (a)  the aircraft:

                              (i)  has a type design approved under a type certificate or a supplemental type certificate; or

                             (ii)  if there is no type certificate or supplemental type certificate for the aircraft—is of a type or model that has previously been issued a certificate of airworthiness in the category applied for; and

                     (b)  the aircraft complies with any applicable airworthiness directives; and

                     (c)  the aircraft meets the requirements mentioned in subregulation (4A); and

                     (d)  CASA or an authorised person is satisfied that:

                              (i)  the aircraft conforms to the type design (if any); and

                             (ii)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                            (iii)  the aircraft is in a condition for safe operation.

          (4A)  For paragraph (4)(c), the requirements are that:

                     (a)  the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and

                     (b)  if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

                     (c)  if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and model—a person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184(4).

Inspection

             (5)  CASA or an authorised person may inspect an aircraft mentioned in subregulation (1), (3) or (4) to determine whether:

                     (a)  it conforms to the type design; and

                     (b)  any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  it is in a condition for safe operation.

Source        FARs section 21.183 modified.

21.184  Special certificates of airworthiness for primary category aircraft

New primary category aircraft manufactured under a production certificate

             (1)  An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

                     (a)  does not conform to the type design; or

                     (b)  has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

                     (c)  is not in a condition for safe operation.

Imported aircraft

             (2)  An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that:

                     (a)  the aircraft conforms to the type design; and

                     (b)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  the aircraft is in a condition for safe operation.

Aircraft having a current standard certificate of airworthiness

             (3)  An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:

                     (a)  the aircraft has a standard certificate of airworthiness; and

                     (b)  the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and

                     (c)  the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and

                     (d)  the applicant meets the requirements mentioned in regulation 21.113A; and

                     (e)  if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight—one of the following documents has been issued for the aircraft in relation to the maintenance:

                              (i)  a certificate of release to service;

                             (ii)  an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and

                      (f)  if Part 42 does not apply to the aircraft—a maintenance release is in force for the aircraft.

Other aircraft

             (4)  An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that:

                     (a)  the aircraft:

                              (i)  conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or

                             (ii)  complies with section 101.55 of the Civil Aviation Orders; and

                     (b)  the aircraft complies with all applicable airworthiness directives; and

                     (c)  if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

                    (ca)  if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

                     (d)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (e)  the aircraft is in a condition for safe operation.

Inspection

             (5)  CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether:

                     (a)  it conforms to the type design; and

                     (b)  any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  it is in a condition for safe operation.

Multiple‑category certification

             (6)  A multiple‑category certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness.

Source        FARs section 21.184 modified.

21.184A  Special certificates of airworthiness for intermediate category aircraft

New intermediate category aircraft manufactured under a production certificate

             (1)  An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and was manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

                     (a)  does not conform to the type design; or

                     (b)  has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

                     (c)  is not in a condition for safe operation.

Other aircraft

             (2)  An applicant for a special certificate of airworthiness for an aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and is not covered by subregulation (1) is entitled to the certificate if CASA or an authorised person is satisfied that:

                     (a)  the aircraft:

                              (i)  conforms to an approved intermediate, normal, utility, or acrobatic type design; or

                             (ii)  complies with section 101.55 of the Civil Aviation Orders; and

                     (b)  the aircraft complies with all applicable airworthiness directives; and

                     (c)  if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

                    (ca)  if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

                     (d)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (e)  the aircraft is in a condition for safe operation.

Inspection

             (3)  CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (2) to determine whether:

                     (a)  it conforms to the type design; and

                     (b)  any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  it is in a condition for safe operation.

Multiple‑category certification

             (4)  A multiple‑category certificate of airworthiness in the intermediate category and any other category must not be issued; an intermediate category aircraft may hold only one certificate of airworthiness.

Source        FARs section 21.184 modified.

21.185  Certificates of airworthiness for restricted category aircraft

Aircraft manufactured under a production certificate or type certificate only

             (1)  An applicant for the original issue of a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, is entitled to the certificate if the applicant complies with the appropriate provisions of regulation 21.183.

Imported aircraft

             (2)  An applicant for the original issue of a restricted category certificate of airworthiness for an imported aircraft type certificated only in the restricted category under regulation 21.029 or 21.029A is entitled to a certificate of airworthiness if CASA or an authorised person is satisfied that:

                     (a)  the aircraft conforms to the type design; and

                     (b)  any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  the aircraft is in a condition for safe operation.

Other aircraft

             (3)  An applicant for a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was a surplus aircraft of the Defence Force, or of an armed force of Canada, the United Kingdom or the United States of America, or was previously certificated in another category, is entitled to the certificate if CASA or an authorised person is satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.

          (3A)  Subregulation (3B) applies to an aircraft:

                     (a)  that is type certificated in the normal, utility, acrobatic, commuter or transport category; and

                     (b)  that has been modified for 1 or more of the special purpose operations mentioned in regulation 21.025; and

                     (c)  the modifications to which have been carried out in accordance with:

                              (i)  an approved modification/repair design; or

                             (ii)  a supplemental type certificate.

          (3B)  An applicant for a special certificate of airworthiness for an aircraft to which this subregulation applies is entitled to the certificate as if the aircraft were type certificated in the restricted category if CASA or an authorised person finds, after inspection, that:

                     (a)  the aircraft meets the requirements of the normal utility, acrobatic, commuter or transport category except the requirements that CASA or the authorised person considers are inappropriate for the special purpose for which the aircraft is to be used; and

                     (b)  the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Inspection

             (4)  CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (3) to determine whether:

                     (a)  it conforms to the type design; and

                     (b)  any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

                     (c)  it is in a condition for safe operation.

Source        FARs section 21.185 modified.

21.186  Special certificates of airworthiness for light sport aircraft

             (1)  An applicant is entitled to a special certificate of airworthiness for a light sport aircraft if:

                     (a)  the aircraft was manufactured by a qualified manufacturer; and

                     (b)  the applicant gives CASA, or the authorised person referred to in regulation 21.176, the following:

                              (i)  a statement of compliance by the manufacturer that complies with subregulation (2);

                             (ii)  copies of the aircraft operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer;

                            (iii)  in the case of a light sport aircraft manufactured outside Australia—written information showing that:

                                        (A)  the aircraft was manufactured in a Contracting State; and

                                        (B)  the aircraft is eligible for a certificate of airworthiness, or another document of similar effect, in the country of manufacture; and

                     (c)  CASA or an authorised person finds, after inspection, that the aircraft is in a condition for safe operation.

             (2)  A statement of compliance must be signed by the manufacturer and include at least the following:

                     (a)  a statement setting out the aircraft’s make and model, serial number and date of manufacture;

                     (b)  a statement specifying which of the LSA standards apply to the design of the aircraft, including a statement to the effect that the design of the aircraft complies with the specified standards;

                     (c)  a statement specifying that:

                              (i)  the manufacturer has a quality system that complies with the LSA standards; and

                             (ii)  based on that system, the aircraft conforms to the manufacturer’s technical data for the design of the aircraft;

                     (d)  a statement to the effect that the manufacturer will make the statements, documents and information referred to in paragraph (1)(b) available to any person who asks the manufacturer for them;

                     (e)  a statement to the effect that the manufacturer will monitor the continuing airworthiness of the aircraft and will issue directions or requirements that comply with the LSA standards to correct any unsafe condition;

                      (f)  a statement to the effect that, in accordance with a production acceptance test procedure that complies with the LSA standards:

                              (i)  the manufacturer has ground‑tested and flight‑tested the aircraft; and

                             (ii)  the manufacturer found the aircraft’s performance during ground and flight testing acceptable; and

                            (iii)  the aircraft is in a condition for safe operation.

21.187  Multiple‑category airworthiness certification

             (1)  An applicant for a certificate of airworthiness for an aircraft in the restricted category, and in one or more other categories (except the primary or intermediate category), is entitled to the certificate, if the aircraft:

                     (a)  complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

                     (b)  can be converted from one category to another by removing or adding equipment by simple mechanical means.

             (2)  The operator of an aircraft certificated in the restricted category and in one or more other categories must have the aircraft inspected to determine airworthiness each time the aircraft is converted from the restricted category to another category for the carriage of passengers.

Penalty:  50 penalty units.

          (2A)  An offence against subregulation (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  The inspection must be carried out by:

                     (a)  CASA or an authorised person; or

                     (b)  a person who, under regulation 42ZE or 42ZN of CAR, can certify that the maintenance carried out on the aircraft for the purposes of its conversion was completed.

             (4)  CASA or an authorised person may inspect the aircraft, and may require the applicant to make any tests reasonably necessary, to determine whether the aircraft:

                     (a)  complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

                     (b)  can be converted from one category to another by removing or adding equipment by simple mechanical means.

Source        FARs section 21.187 modified.

21.189  Special certificate of airworthiness for limited category aircraft

             (1)  An applicant is entitled to a special certificate of airworthiness for an aircraft in the limited category for one or more special purpose operations mentioned in subregulation (3) if:

                     (a)  either:

                              (i)  CASA or an authorised person is satisfied that the aircraft meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); or

                             (ii)  the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force, and for which the applicant can demonstrate to CASA or an authorised person a satisfactory history of operation; and

                     (b)  as far as can be reasonably determined, CASA or an authorised person is satisfied that the aircraft is in a good state of preservation and repair and is in a condition for safe operation; and

                     (c)  as far as can be reasonably determined, CASA or an authorised person is satisfied that the aircraft can reasonably be expected to be safe when it is operated under the conditions limiting its intended use; and

                     (d)  the applicant meets the requirements of subregulation (2).

             (2)  The applicant must give CASA or an authorised person the following:

                     (a)  a statement, in a form and manner acceptable to CASA or the authorised person, setting out the purpose or purposes for which the aircraft is to be used;

                     (b)  data (for example photographs) to identify the aircraft;

                     (c)  any other information reasonably needed by CASA or the authorised person to enable it to impose any conditions necessary in the interests of the safety of other airspace users and persons on the ground or water.

             (3)  The special purpose operations are the following:

                     (a)  operating historic or ex‑military aircraft in adventure style operations;

                     (b)  aerobatic flights;

                     (c)  aerobatic training;

                     (d)  exhibition flights;

                     (e)  mock combat;

                      (f)  operating replica aircraft;

                     (g)  operating aircraft to carry people for parachute jumping;

                     (h)  any other operation in which the only use of the aircraft is to carry people taking part in a recreational activity that is intrinsically hazardous.

             (4)  CASA or an authorised person may:

                     (a)  inspect the aircraft to determine whether it is in a good state of preservation and repair and is in a condition for safe operation; and

                     (b)  require the applicant to carry out a flight check to enable CASA or the authorised person to make the determination.

Source        FARs section 21.189 modified.

21.190  Special certificates of airworthiness—amateur‑built category aircraft accepted under an ABAA

             (1)  An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateur‑built aircraft category if:

                     (a)  CASA or an authorised person has given an ABAA for the aircraft; and

                     (b)  the aircraft complies with subsections 3 and 4 of section 101.28 of the Civil Aviation Orders; and

                     (c)  approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and

                     (d)  CASA or an authorised person finds, after inspection, that:

                              (i)  the aircraft conforms with the data on the basis of which the ABAA was given; and

                             (ii)  any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and

                            (iii)  the aircraft is in a condition for safe operation.

          (1A)  In the case of an aircraft that is a rotorcraft, for the application of section 101.28 of the Civil Aviation Orders:

                     (a)  a reference in that section to an aeroplane is taken to be a reference to an aircraft; and

                     (b)  CASA may direct that a requirement of that section does not apply in a particular case.

             (2)  CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with:

                     (a)  a maximum take‑off weight not greater than 1500 kilograms; and

                     (b)  not more than 4 seats; and

                     (c)  if the aircraft is an aeroplane that is fitted with one or more type certificated engines:

                              (i)  a stalling speed VS0 at maximum weight not exceeding 61 knots; or

                             (ii)  if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:

                                        (A)  65 kg/m2 with a flap area of less than 6 percent gross wing area; or

                                        (B)  80 kg/m2 with a flap area of at least 6 percent gross wing area; and

                     (d)  if the aircraft is an aeroplane that is fitted with one or more non‑type certificated engines:

                              (i)  a stalling speed VS0 at maximum weight not exceeding 55 knots; or

                             (ii)  if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:

                                        (A)  55 kg/m2 with a flap area of less than 6 percent gross wing area; or

                                        (B)  65 kg/m2 with a flap area of at least 6 percent gross wing area.

             (3)  CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30 September 2000.

21.191  Experimental certificates

                   An experimental certificate may be issued for one or more of the following purposes:

                     (a)  research and development: for example testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft;

                     (b)  showing compliance with regulations: for example conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issue of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations;

                     (c)  training the applicant’s flight crew;

                     (d)  exhibition: for example exhibiting the aircraft’s flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions;

                     (e)  air racing: for example participating in air races, including (for participants) practising for air races and flying to and from racing events;

                      (f)  market surveys: for example use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in regulation 21.195;

                     (g)  operating an amateur‑built aircraft: that is an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation;

                     (h)  operating a kit‑built aircraft: that is an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a) and that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under subregulation 21.184(1);

                      (i)  private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d);

                      (j)  operating a light sport aircraft that:

                              (i)  has been assembled from a kit in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e); and

                             (ii)  has been assembled in accordance with the kit manufacturer’s instructions for assembling the aircraft; and

                            (iii)  is of the same make and model as a production aircraft covered by regulation 21.186 that has been issued with a special certificate of airworthiness;

                     (k)  operating any other light sport aircraft covered by regulation 21.186 for which a special certificate of airworthiness for light sport aircraft, or another document of similar effect under a law of a Contracting State, has been issued.

Source        FARs section 21.191 modified.

21.192  Experimental certificates: eligibility

                   An aircraft registration holder, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply for an experimental certificate for one or more of the purposes mentioned in regulation 21.191.

Note:          For the meaning of sport aviation body, see subregulation 2(1) of CAR.

21.193  Experimental certificates: general

                   An applicant for an experimental certificate is entitled to the certificate if the applicant gives CASA, an authorised person or a relevant approved design organisation the following:

                     (a)  a statement, in a form and manner acceptable to CASA or the authorised person, setting forth the purpose for which the aircraft is to be used;

                     (b)  enough data (such as photographs) to identify the aircraft;

                     (c)  upon inspection of the aircraft, any information reasonably needed by CASA or the authorised person or relevant approved design organisation to enable it to impose any conditions, including operational limitations, necessary in the interests of the safety of other airspace users and persons on the ground or water;

                     (d)  if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(a) (research and development) or paragraph 21.191(b) (showing compliance with the regulations):

                              (i)  a description of the experimental purposes for which the certificate is sought; and

                             (ii)  a statement setting out the estimated time or number of flights required for the purpose; and

                            (iii)  a description of the areas over which the experiment will be conducted; and

                            (iv)  except for aircraft converted from a previously certificated type without appreciable change in the external configuration—three‑view drawings or three‑view dimensioned photographs of the aircraft;

                     (e)  if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(j) (operating certain light sport aircraft):

                              (i)  written information that shows that a special certificate of airworthiness for light sport aircraft covered by regulation 21.186, or another document of similar effect under a law of a Contracting State, has been issued for a production aircraft of the same make and model; and

                             (ii)  a statement of compliance, issued by the manufacturer of the kit from which the aircraft was assembled, that includes the statements and information required by subregulation 21.186(2), in so far as the statements and information relate to the manufacture of such kits; and

                            (iii)  copies of the aircraft assembly and operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer.

Source        FARs section 21.193 modified.

21.195  Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training

             (1)  A manufacturer of aircraft manufactured within Australian territory is eligible to apply for an experimental certificate for an aircraft that is to be used for a purpose mentioned in paragraph 21.191(f).

             (2)  A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by the manufacturer within Australian territory, is eligible to apply for an experimental certificate for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, acrobatic, commuter, primary, intermediate or transport category.

             (3)  A person who has altered the design of a type certificated aircraft is eligible to apply for an experimental certificate for the altered aircraft to be used for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, primary, intermediate or transport category.

             (4)  An applicant for an experimental certificate for a purpose mentioned in paragraph 21.191(f) is entitled to the certificate if, in addition to meeting the requirements of regulation 21.193:

                     (a)  the applicant has established an inspection and maintenance program for the continued airworthiness of the aircraft; and

                     (b)  the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified.

Source        FARs section 21.195 modified.

21.195A  Issue of experimental certificates

             (1)  Subject to regulation 11.055, CASA, an authorised person or a relevant approved design organisation must issue an experimental certificate to an applicant for the certificate if the applicant:

                     (a)  is eligible, under regulation 21.192, to apply for the certificate; and

                     (b)  applies for the certificate in accordance with this Subpart; and

                     (c)  is entitled, under this Subpart, to the certificate; and

                     (d)  otherwise complies with this Part.

             (3)  A condition imposed on an experimental certificate under regulation 11.056 may include operational limitations.

             (4)  Any conditions imposed on an experimental certificate under regulation 11.056, must be in writing and set out in, or attached to, the experimental certificate.

21.195B  Duration, production for inspection, suspension and cancellation of experimental certificates

             (1)  Subject to subregulation (4), an experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:

                     (a)  if a period of less than one year is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or

                     (b)  in any other case—until the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.

             (2)  Subject to subregulation (4), an experimental certificate issued for the purpose of exhibition, air racing, operating amateur‑built, kit‑built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d), continues in force:

                     (a)  if a period is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or

                     (b)  in any other case—until it is cancelled.

             (3)  The holder of an experimental certificate commits an offence if:

                     (a)  CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and

                     (b)  the holder does not make the certificate available for inspection in accordance with the request.

Penalty:  50 penalty units.

             (4)  An experimental certificate for an aircraft stops being in force if the aircraft ceases to be registered in Australia.

             (5)  CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:

                     (a)  any maintenance is not carried out in accordance with regulation 42CB of CAR; or

                     (b)  CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.

             (6)  A notice under subregulation (5) must set out:

                     (a)  the grounds for the suspension or cancellation; and

                     (b)  in the case of a suspension—when the suspension stops having effect.

             (7)  Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

             (8)  The holder of an experimental certificate commits an offence if:

                     (a)  the certificate stops being in force under subregulation (4), expires or is suspended or cancelled; and

                     (b)  CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and

                     (c)  the holder does not surrender the certificate in accordance with the request.

Penalty:  50 penalty units.

             (9)  An offence against subregulation (3) or (8) is an offence of strict liability.

Note 1:       For strict liability, see section 6.1 of the Criminal Code.

Source        FARs section 21.181 modified.

Note 2:       See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates.

21.195C  Exercise of certain powers by authorised persons and relevant approved design organisations

                   An authorised person or a relevant approved design organisation may exercise the following powers in relation to an experimental certificate only if the person or organisation issued the certificate:

                     (a)  asking the holder to make the certificate available for inspection under subregulation 21.195B(3);

                     (b)  asking the holder to surrender the certificate under subregulation 21.195B(8).

21.196  Special flight permits: eligibility

                   Any person is eligible to apply for a special flight permit.

21.197  Special flight permits

             (1)  A special flight permit may be issued for one or more of the following purposes for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose:

                     (a)  flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage;

                     (b)  delivering or exporting the aircraft;

                     (c)  production flight testing new production aircraft;

                     (d)  evacuating the aircraft from areas of impending danger;

                     (e)  conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests;