Federal Register of Legislation - Australian Government

Primary content

CASA 69/19 Directions/Civil Aviation as made
This instrument prohibits a person from operating a Boeing 737-8 or 737-9 aircraft in Australian territory, other than for an authorised flight.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 23 Sep 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
To be repealed 24 Mar 2020
Repealed by Self Repealing

Instrument number CASA 69/19

I, WARREN CRAIG MARTIN, Acting Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Acting Executive Manager, Regulatory Services & Surveillance

20 September 2019

CASA 69/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019

1          Name

                 This instrument is CASA 69/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019.

2          Repeal

                 Instrument CASA 21/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019 is repealed.

3          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 6 months after the day it commences.

Note   For regulation 11.250 of CASR, the direction in section 5 ceases to be in force on the day this instrument is repealed.

4          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: Australian territory, national aviation authority and State of registry.

                 In this instrument:

base means an aerodrome or other location in or outside Australian territory.

5          Direction

        (1)     A person must not operate a Boeing 737-8 or 737-9 model aircraft (the aircraft) in Australian territory other than for an authorised flight.

        (2)     For subsection (1), authorised flight means a non-passenger carrying flight that:

(a)   is conducted by an aircraft that is approved to conduct the flight by the national aviation authority of the State of registry of the aircraft; and

(b)   is not for a commercial purpose; and

Note   Commercial purposes are prescribed in regulation 206 of CAR.

(c)   is to, or for the purposes of a flight to, a base for any of the following purposes:

             (i)  storage of the aircraft;

            (ii)  production flight testing of the aircraft;

           (iii)  repairs or alterations to the aircraft;

           (iv)  maintenance of the aircraft; and

(d)   CASA considers would not be likely to have an adverse effect on the safety of air navigation; and

(e)   is authorised in writing by CASA.

Note   CASA may impose conditions on the authorisation — see regulation 11.056 of CASR.