Commonwealth Coat of Arms of Australia

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998

made under the

Civil Aviation Act 1988

Compilation No. 78

Compilation date:   1 April 2018

Includes amendments up to: F2018L00449

Registered:    4 April 2018

This compilation is in 5 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 139.005–175.500

Volume 5: regulations 200.001–202.900

 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 that shows the text of the law as amended and in force on 1 April 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 200—Aircraft to which CASR do not apply

Subpart 200.B—Exemption from Regulations

200.001 Hang gliders

200.002 Privately built singleplace ultralight aeroplanes

200.003 Gyroplanes having an empty weight not in excess of 250 kilograms

200.004 Twoplace gyroplanes and singleplace gyroplanes certificated as light sport aircraft

200.005 Parasails and gyrogliders

200.008 Defence Force aircraft operated by civilian flight crew

200.010 Military aircraft undergoing production or acceptance flight testing

200.013 Weightshiftcontrolled aeroplanes and powered parachutes

200.014 Certain ultralight aeroplanes

Subpart 200.C—Authorisation to fly

200.020 Authorised flight without certificate of airworthiness

200.025 Flying unregistered aircraft

200.030 Flying unregistered aircraft—offence

Part 201—Miscellaneous

201.001 Appointment of authorised persons

201.003 Commonwealth and CASA not liable in certain cases

201.004 Review of decisions

201.016 Disclosure of personal information

201.020 Service of documents

201.025 Prescription of matters for definitions in these Regulations

Part 202—Transitional

Subpart 202.AB—Transitional provisions for Part 1 (Preliminary)

Subpart 202.AD—Transitional provisions for Part 11 (Regulatory administrative procedures)

202.010 Continuation of certain existing delegations

202.011 Continuation of exemptions under regulation 308 of CAR

202.011A Continuation of exemptions under subregulation 82(3) of CAR

202.011B Continuation of exemptions under subregulation 235(11) of CAR

202.011C Continuation of exemptions under regulation 92.080

202.011D Continuation of exemptions under regulation 92.155

202.011E Continuation of exemptions under regulation 101.040

202.011F Continuation of exemptions under regulation 139.020

202.011G Renewal, variation and revocation of exemptions

202.012 Consultation on certain Manuals of Standards

202.013 Delegations to persons other than officers

Subpart 202.AF—Transitional provisions for Part 13 (Enforcement)

Subpart 202.AJ—Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)

Division 202.AJ.1—Transitional provisions relating to certification of aircraft and aircraft components

Subdivision 202.AJ.1.A—Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.049A Certain design standards taken to be applicable airworthiness standards for regulation 21.017

Subdivision 202.AJ.1.B—Amendments made by Civil Aviation Amendment Regulations 1999 (No. 5)

202.050 Certificates of type approval

202.051 Certificates of airworthiness

202.052 Export certificate of airworthiness

Subdivision 202.AJ.1.C—Amendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

202.052A Transitional—certificates of approval for design activities

Subdivision 202.AJ.1.D—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA Definitions for Subdivision 202.AJ.1.D

202.052B Applications for certain limited category certificates made but not finally determined before commencement time

202.052C Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

202.052D Certain special purpose operations for limited category aircraft

202.052E Certain experimental certificates for certain exarmed forces aircraft expire no later than 6 months after the commencement time

Division 202.AJ.2—Transitional provisions relating to approvals of designs of modifications and repairs

Subdivision 202.AJ.2.A—Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.053 Approvals of systems of certification under regulation 34 of CAR

202.054 Approvals of designs of modifications and repairs under regulation 35 of CAR

202.055 Approvals of aircraft components for use as replacements under regulation 36 of CAR

202.056 Use of aircraft material for particular purposes under regulation 36A of CAR

202.058 Approval of changes to flight manuals under regulations 55 and 55A of CAR

Subdivision 202.AJ.2.B—Amendments made by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014

202.058A Approval of damage as permissible unserviceability under regulation 21.007

Division 202.AJ.3—Transitional provisions relating to authorised persons

Subdivision 202.AJ.3.A—Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.059 Authorised persons for regulations 35, 36 and 36A of CAR

Subpart 202.AK—Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)

202.060 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AL—Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)

202.070 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AN—Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)

202.090 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AO—Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)

Subpart 202.AP—Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)

Subpart 202.AR—Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)

Subpart 202.AT—Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)

Subpart 202.AU—Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)

202.140 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AV—Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)

Subpart 202.AX—Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)

Subpart 202.AZ—Transitional provisions for Part 39 (Airworthiness directives)

202.170 Airworthiness directives

202.171 Application for exemption from, or variation of, requirement of airworthiness directive

202.172 Exemption from requirement of airworthiness directive

Subpart 202.BA—Transitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products)

202.180 Application of Part 42

202.181 Election that Part 42 is to apply to an aircraft

202.183 Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft

202.185 Approved maintenance programs taken to include approved systems of maintenance

202.186 Approved reliability programs taken to include reliability programs included in approved systems of maintenance

202.187 Defects recorded in maintenance releases (regulation 42.355)

202.188 References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i))

202.191 Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c))

202.193 Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i))

202.194 CASA may direct making of applications under regulation 42.585

Subpart 202.BD—Transitional provisions for Part 45 (Display of nationality and registration marks)

Division 202.BD.1—Amendments made by the Civil Aviation Amendment Regulation 2000 (No. 3)

202.200 Australian aircraft marked in accordance with CAR

Division 202.BD.2—Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015

202.205 Approvals—markings on aircraft

202.210 Exemptions—antique, experimental and exmilitary aircraft

202.215 Directions—aircraft with special configuration

202.220 Directions—identification plates

Subpart 202.BF—Transitional provisions for Part 47 (Registration of aircraft and related matters)

Division 202.BF.1—Transitional provisions relating to the commencement of Part 47

202.220 Definitions for Division 202.BF.1

202.221 Continuation of Aircraft Register

202.222 Reference to holder of a certificate of registration

202.223 Registration under CAR to continue

202.224 Pending applications or notices

202.225 Application to register aircraft under Part 47

Division 202.BF.2—Amendments made by the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014

202.226 Definitions for Division 202.BF.2

202.227 Application of regulation 47.131A

202.228 Application of regulation 47.165

Subpart 202.CB—Transitional provisions for Part 61 (Flight crew licensing)

Division 202.CB.1—Amendments made by regulations commencing 1 September 2014

Subdivision 202.CB.1.1—General

202.260 Application of Division 202.CB.1—balloons excluded

202.261 Definitions for Division 202.CB.1

202.262 Application of Division 202.CB.1 to student pilot licences

Subdivision 202.CB.1.2—Continued authorisations

202.263 Continuation of old authorisations

202.264 Continuation of suspended old authorisations

202.265 Nonfinalised action to vary, suspend or cancel old authorisations

202.266 Removal of conditions on certain continued authorisations

202.267 Flight review and proficiency check requirements

202.268 Removal of limitation on exercise of privileges of private or commercial pilot licences—multicrew operations

202.268A Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062

202.269 Personal log books under regulation 5.51 of CAR—certain continued authorisations

202.270 Extended meaning of licence document in Part 61

202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018

Subdivision 202.CB.1.3—New authorisations for holders of continued authorisations

202.272 Grant of equivalent new authorisations

202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018

Subdivision 202.CB.1.4—Other provisions

202.274 Nonfinalised applications for old authorisations

202.275 Eligibility for ratings—former holders of timelimited authorisations

202.276 Flight review and proficiency check requirements for certain new authorisations

202.277 Personal log books under regulation 5.51 of CAR—certain new authorisations

202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements

202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements

202.277C English competency for certain holders of student pilot licences

202.278 Grant of pilot type ratings on basis of overseas training and assessment

202.279 Instrument proficiency checks partially conducted by foreignauthorised person

202.281 Expiry of Division 202.CB.1 at end of 31 August 2025

Subpart 202.CE—Transitional provisions for Part 64 (Authorisations for nonlicensed personnel)

Division 202.CE.1—Amendments made by regulations commencing 1 September 2014

Subdivision 202.CE.1.1—Aircraft radiotelephone operator certificate of proficiency

202.300 Definitions for Subdivision 202.CE.1.1

202.301 Continuation of old authorisations

202.302 Continuation of suspended old authorisations

202.303 Nonfinalised action to vary, suspend or cancel old authorisations

202.304 Grant of aeronautical radio operator certificates

202.305 Nonfinalised applications for old authorisations

Subdivision 202.CE.1.2—Approval to taxi an aeroplane

202.307 Definitions for Subdivision 202.CE.1.2

202.308 Continuation of old authorisations

202.309 Continuation of suspended old authorisations

202.310 Nonfinalised action to vary, suspend or cancel old authorisations

202.311 Production of continued authorisation

Subdivision 202.CE.1.3—Expiry of Division 202.CE.1

202.312 Expiry of Division 202.CE.1 at end of 31 August 2018

Subpart 202.CF—Transitional provisions for Part 65 (Air traffic services licensing)

202.320 Manual of Standards for Part 65

202.321 Persons holding certain licences

Subpart 202.CG—Transitional provisions for Part 66 (Continuing airworthiness—aircraft engineer licences and ratings)

202.340 Having regard to other airworthiness authorities in granting aircraft engineer licences

202.341 Category A licence holders and certification of completion of maintenance

202.342 Category A licence holders and final certificates for completion of maintenance

202.343 Category A licence holders and endorsing maintenance releases

202.345 Transitional arrangements for category B1 and B2 licence holders

202.355 Validation of certain licences and ratings granted subject to exclusions during relevant period

Subpart 202.CH—Transitional provisions for Part 67 (Medical)

202.360 Medical certificates issued under Civil Aviation Regulations 1988

202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988

202.362 Actions by Director of Aviation Medicine

202.363 Applications for issue of medical certificates pending on 3 September 2003

Subpart 202.DA—Transitional provisions for Part 71 (Airspace)

Subpart 202.EA—Transitional provisions for Part 90 (Additional airworthiness requirements)

202.400 Transitional provision—Part 90 Manual of Standards

Subpart 202.EB—Transitional provisions for Part 91 (General operating and flight rules)

Subpart 202.EC—Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)

202.440 Approval of certain training courses and instructors

Subpart 202.FA—Transitional provisions for Part 101 (Unmanned aircraft and rockets)

Division 202.FA.1—Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016

202.455 Definition of commencement date for Division 202.FA.1

202.460 Transitional—approved areas for UAVs

202.461 Transitional—UAV controllers

202.462 Transitional—UAV operators

Subpart 202.FC—Transitional provisions for Part 103 (Sport and recreational aviation operations)

Subpart 202.FE—Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)

Subpart 202.FJ—Transitional provisions for Part 115 (Operations using sport aviation aircraft for nonrecreational activities)

Subpart 202.FL—Transitional provisions for Part 119 (Air operator certification—air transport)

Subpart 202.FN—Transitional provisions for Part 121A (Air transport operations—large aeroplanes)

Subpart 202.FO—Transitional provisions for Part 121B (Air transport operations—small aeroplanes)

Subpart 202.FR—Transitional provisions for Part 129 (Foreign air transport operators—certification and operating requirements)

Division 202.FR.1—Amendments made by the Civil Aviation Legislation Amendment (Part 129) Regulation 2015

202.600 AOCs authorising charter or regular public transport operations by foreign operators—if in force immediately before 20 April 2016

202.601 AOCs authorising charter or regular public transport operations by foreign operators—if under suspension immediately before 20 April 2016

202.602 Applications by foreign operators for AOCs authorising charter or regular public transport operations—if made but not finally determined before 20 April 2016

202.603 Repeal of Division 202.FR.1 at the start of 20 April 2018

Subpart 202.FS—Transitional provisions for Part 132 (Limited category aircraft)

Division 202.FS.1—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.609 Definitions for Division 202.FS.1

202.610 Warning placards

202.611 Permit indexes assigned by CASA or Australian Warbirds Association Limited

202.612 Limited category aircraft without permit index

202.613 Approval of major modifications and repairs

202.614 Approval to carry more than 6 passengers

Subpart 202.FT—Transitional provisions for Part 133 (Air transport and aerial work operations—rotorcraft)

Subpart 202.FV—Transitional provisions for Part 136 (Aerial work operations—other than those covered by Parts 133, 137, 138, 141 and 142)

Subpart 202.FW—Transitional provisions for Part 137 (Aerial agriculture operations—other than rotorcraft)

Subpart 202.FX—Transitional provisions for Part 138 (Search and rescue operations)

Subpart 202.FY—Transitional provisions for Part 139 (Aerodromes)

202.700 Definitions for this Subpart

202.701 Aerodrome licences issued under CAR

202.702 Conditions of transitional aerodrome licences

202.703 Duration of transitional aerodrome licences

202.704 Previous aerodrome manuals and standards for aerodromes

202.705 Exemptions

Subpart 202.FYH—Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

202.710 Manual of Standards for Subpart 139.H

Subpart 202.GA—Transitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses)

Division 202.GA.1—Amendments made by regulations commencing 1 September 2014

202.720 Definitions for Division 202.GA.1

202.721 AOCs and approvals under regulation 60.055 held immediately before 1 September 2014

202.722 AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

202.723 Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014

202.724 Application of Part 141 to certain Part 141 operators—references to operations manual

202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems

202.727 Application of Part 141 to certain Part 141 operators—provisions that do not apply

202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes)

202.728 References to standardisation and proficiency checks for instructors for certain Part 141 operators

202.729 Repeal of this Division at end of 31 August 2018

Subpart 202.GB—Transitional provisions for Part 142 (Integrated and multicrew pilot flight training, contracted recurrent training and contracted checking)

Division 202.GB.1—Amendments made by regulations commencing 1 September 2014

202.740 Definitions for Division 202.GB.1

202.741 AOCs authorising flying training—if in force immediately before 1 September 2014

202.742 AOCs authorising flying training—if under suspension immediately before 1 September 2014

202.743 Applications for AOCs authorising flying training—if made but not finally determined before 1 September 2014

202.744 Approvals under regulation 60.055 held immediately before 1 September 2014

202.745 Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

202.746 Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014

202.747 Application of Part 142 to certain Part 142 operators—references to exposition

202.748 Application of Part 142 to certain Part 142 operators with Part 60 quality systems—safety management system and quality assurance management system

202.749 Application of Part 142 to certain Part 142 operators without Part 60 quality systems—safety and quality assurance management systems not required

202.750 Application of Part 142 to certain Part 142 operators—provisions that do not apply

202.751 References to standardisation and proficiency checks for instructors for certain Part 142 operators

202.752 Repeal of this Division at end of 31 August 2018

Subpart 202.GC—Transitional provisions for Part 143 (Air traffic services training providers)

202.760 Manual of Standards for Part 143

Subpart 202.GD—Transitional provisions for Part 144 (Product distribution organisations)

Subpart 202.GE—Transitional provisions for Part 145 (Continuing airworthiness—Part 145 approved maintenance organisations)

Division 202.GE.1—Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)

202.800 CASA may direct making of applications under regulation 145.025

Division 202.GE.2—Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

Subdivision 202.GE.2.1—Part 145 organisations undertaking CAR maintenance activities—general

202.801 Interpretation for Division 202.GE.2—Part 145 references to maintenance services taken to include references to CAR maintenance activities

202.802 Interpretation for Division 202.GE.2—Part 145 definition of approval rating

202.803 Interpretation for Division 202.GE.2—Part 145 definition of significant change

202.804 Part 145 Manual of Standards—additional matters for CAR maintenance activities

Subdivision 202.GE.2.2—Part 145 organisations undertaking CAR maintenance activities—approval of organisations

202.805 Applying for approval

202.806 Issuing approval

202.807 Approval certificate

202.808 Privileges for Part 145 organisations

202.809 Approval subject to conditions

Subdivision 202.GE.2.3—Part 145 organisations undertaking CAR maintenance activities—offence

202.810 Undertaking CAR maintenance activities

Subpart 202.GG—Transitional provisions for Part 147 (Continuing airworthiness—maintenance training organisations)

202.840 Recognised organisations taken to be maintenance training organisations

202.841 Applications for approval as a recognised organisation made but not finally determined before 27 June 2011

202.842 CASA may direct the making of applications under regulation 147.025

Subpart 202.GI—Transitional provisions for Part 149 (Recreational aviation administration organisations)

Subpart 202.HA—Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

202.880 Manual of Standards for Part 171

Subpart 202.HB—Transitional provisions for Part 172 (Air traffic service providers)

202.900 Manual of Standards for Part 172

Subpart 202.HC—Transitional provisions for Part 173 (Instrument flight procedure design)

Subpart 202.HD—Transitional provisions for Part 174 (Aviation meteorological services)

Subpart 202.HE—Transitional provisions for Part 175 (Aeronautical information management)

Subpart 202.HL—Transitional provisions for Part 200 (Exemptions)

Subpart 202.HM—Transitional provisions for Part 201 (Miscellaneous)

Dictionary

Part 1—Definitions

Part 2—Interpretation of certain expressions not defined in Part 1

1 Parts and materials excluded from the definition of aeronautical product

3 Definition of air transport operation

5 When an aircraft is airworthy

15 Reference to Annexes to Chicago Convention

18 Meaning of authorised release certificate

25 Extended meaning of charged with in relation to certain offences

35 Extended meaning of convicted

36 References to particular kinds of flight crew licences, ratings and endorsements

37 References to flight manual

40 References to operating an aircraft in an area

45 References to EASA certification specifications

50 References to pilotincommand

60 Meaning of psychoactive substance

65 Recognised foreign training providers

Part 3—Definitions for this Part, Parts 42, 66, 145 and 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG

1 General

5 Definitions relating to carrying out maintenance

10 Meaning of instructions for continuing airworthiness

15 Meaning of maintenance data

20 Meaning of maintenance services subcontractor

21 Meaning of CAR maintenance activities subcontractor

25 Meaning of provides

30 Meaning of supervising

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 200Aircraft to which CASR do not apply

 

Table of Contents

Subpart 200.BExemption from Regulations

200.001 Hang gliders

200.002 Privately built singleplace ultralight aeroplanes

200.003 Gyroplanes having an empty weight not in excess of 250 kilograms

200.004 Twoplace gyroplanes and singleplace gyroplanes certificated as light sport aircraft

200.005 Parasails and gyrogliders

200.008 Defence Force aircraft operated by civilian flight crew

200.010 Military aircraft undergoing production or acceptance flight testing

200.013 Weightshiftcontrolled aeroplanes and powered parachutes

200.014 Certain ultralight aeroplanes

Subpart 200.CAuthorisation to fly

200.020 Authorised flight without certificate of airworthiness

200.025 Flying unregistered aircraft

200.030 Flying unregistered aircraft—offence

Subpart 200.BExemption from Regulations

 

200.001  Hang gliders

 (1) A hang glider used:

 (a) solely in private operations and only for recreational purposes; or

 (b) for flying training for the issue of a pilot certificate;

is exempt from CASR if the conditions in subsection 95.8(4) of the Civil Aviation Orders, as in force from time to time, are complied with.

 (2) In this regulation:

empty weight, for a hang glider, means the weight of the hang glider in its airborne configuration, including all fittings and equipment but excluding recovery or personnel parachutes.

hang glider means a glider, or a powered paraglider, with an empty weight not over 70 kilograms.

powered paraglider means an aircraft without rigid wings that:

 (a) is launched by its pilot’s feet; and

 (b) is powered by a power unit worn on its pilot’s back.

200.002  Privately built singleplace ultralight aeroplanes

 (1) This regulation applies to a privately built singleplace aeroplane if it:

 (a) is registered with the RAA; and

 (b) has a takeoff weight not over 300 kilograms; and

 (c) for an aeroplane that first became registered with the RAA on or after 1 March 1990:

 (i) has a wing loading not over 30 kilograms per square metre at maximum allup weight; and

 (ii) if it is owned by a person who is not its builderhas been certificated by the RAA as meeting the requirements set out in the RAA Technical Manual.

 (2) The aeroplane is exempt from CASR if the conditions in section 95.10 of the Civil Aviation Orders, as in force from time to time, are complied with.

 (3) In this regulation:

RAA means Recreational Aviation Australia Inc.

RAA Technical Manual means the manual prepared by RAA and approved by CASA, as in force from time to time, that contains:

 (a) airworthiness, design and maintenance standards; and

 (b) aeronautical practices, test procedures and processes.

takeoff weight, for an aeroplane, means the aeroplane’s total weight when it starts to taxi before takingoff, including the weight of the pilot and of fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage.

200.003  Gyroplanes having an empty weight not in excess of 250 kilograms

  An aircraft to which Civil Aviation Order 95.12, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.

200.004  Twoplace gyroplanes and singleplace gyroplanes certificated as light sport aircraft

  An aircraft to which Civil Aviation Order 95.12.1, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.

200.005  Parasails and gyrogliders

 (1) A parasail or gyroglider is exempt from CASR if the conditions in subsection 95.14(4) of the Civil Aviation Orders, as in force from time to time, are complied with.

 (2) In this regulation:

gyroglider means a nonpowerdriven heavierthanair aircraft supported in flight by the reaction of the air on 1 or more rotors that rotate freely on substantially vertical axes.

parasail means a parachute tethered to a point or vehicle on the ground or to a watercraft and deriving lift chiefly from aerodynamic reactions on flexible surfaces remaining fixed under given conditions of flight.

200.008  Defence Force aircraft operated by civilian flight crew

 (1) This regulation applies to a Defence Force aircraft that is being flown and operated by persons, other than members of the Defence Force, who hold commercial or higher category licences, and that is engaged in:

 (a) flight testing; or

 (b) search and rescue; or

 (c) support of aircraft development and flight test programs; or

 (d) any other activity authorised by the Defence Force.

 (2) The aircraft is exempt from CASR if the conditions in subsection 95.20(4) of the Civil Aviation Orders, as in force from time to time, are complied with.

 (3) In this regulation:

flight testing, of an aircraft, means flying performed on behalf of the contractor or Defence Force to establish that the aircraft meets all the requirements of the contractor or Defence Force after manufacture or major servicing and inspection.

200.010  Military aircraft undergoing production or acceptance flight testing

 (1) A military aircraft that is undergoing production flight testing or acceptance flight testing is exempt from CAR, and from CASR (other than this regulation), if the conditions (if any) set out in the relevant section of Part 95 of the Civil Aviation Orders (as in force from time to time) are complied with.

 (2) In this regulation:

acceptance flight testing of a military aircraft means flight testing on behalf of the Defence Force to find out whether the aircraft meets the Force’s requirements.

production flight testing of a military aircraft means flight testing on behalf of a contractor to find out whether the aircraft meets the contractor’s requirements.

relevant section of Part 95 of the Civil Aviation Orders, in relation to a military aircraft of a particular type, means the section of that Part that applies to aircraft of that type.

200.013  Weightshiftcontrolled aeroplanes and powered parachutes

  An aeroplane to which Civil Aviation Order 95.32, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.

200.014  Certain ultralight aeroplanes

  An aeroplane to which Civil Aviation Order 95.55, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.

Subpart 200.CAuthorisation to fly

 

200.020  Authorised flight without certificate of airworthiness

  For paragraph 20AA(3)(b) of the Act, an Australian aircraft that is exempt from CASR is authorised to fly without a certificate of airworthiness.

200.025  Flying unregistered aircraft

  For paragraph 20AB(1)(a) of the Act, a person is taken to hold a civil aviation authorisation that is in force and authorises the person to perform a duty that is essential to the operation of an unregistered Australian aircraft during flight time if:

 (a) the person holds a pilot certificate granted by a sport aviation body that administers aviation activities in the aircraft; and

 (b) the person operates the aircraft in accordance with the sport aviation body’s operations manual.

200.030  Flying unregistered aircraft—offence

  A person commits an offence if:

 (a) the person pilots an unregistered Australian aircraft; and

 (b) a sport aviation body administers aviation activities in the aircraft; and

 (c) the person does not:

 (i) hold a pilot certificate granted by the sport aviation body; and

 (ii) operate the aircraft in accordance with the sport aviation body’s operations manual.

Penalty: 50 penalty units.

Part 201Miscellaneous

 

 

Table of Contents

201.001 Appointment of authorised persons

201.003 Commonwealth and CASA not liable in certain cases

201.004 Review of decisions

201.016 Disclosure of personal information

201.020 Service of documents

201.025 Prescription of matters for definitions in these Regulations

201.001  Appointment of authorised persons

 (1) CASA may appoint a person, or the persons included in a class of persons, to be an authorised person for CASR or a particular provision of CASR.

 (2) CASA may appoint a person only if CASA is satisfied that the person has the qualifications and experience to be an authorised person.

 (3) CASA may appoint a class of persons only if CASA is satisfied that each person included in the class has the qualifications and experience to be an authorised person.

 (4) An appointment may be made subject to conditions stated in the instrument of appointment.

201.003  Commonwealth and CASA not liable in certain cases

  Neither the Commonwealth nor CASA is liable in negligence or otherwise for any loss or damage incurred by anyone because of, or arising out of, the design, construction, restoration, repair, maintenance or operation of a limited category aircraft or an experimental aircraft, or any act or omission of CASA done or made in good faith in relation to any of those things.

201.004  Review of decisions

 (1) In this regulation:

authorisation: see regulation 11.015.

Decisions made by CASA

 (2) An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 201.004.

 

Table 201.004 Reviewable decisions

Item

A decision...

1

under a provision of these Regulations:

(a) refusing to grant or issue an authorisation; or

(b) cancelling or suspending an authorisation otherwise than on the application of the authorisationholder; or

(c) varying an authorisation otherwise than on the application of the authorisationholder; or

(d) refusing to vary an authorisation

2

under a provision of these Regulations imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisationholder

2A

under Subpart 11.D refusing, because of regulation 47.131B, to cancel the registration of an aircraft

3

under Division 11.F.1 or 11.F.2 refusing to grant an exemption

4

under regulation 21.043 refusing to consider an application for a type certificate

4A

under subregulation 21.176(5) or Division 132.D.2:

(a) to assign a permit index number to the aircraft; or

(b) to refuse to assign a new permit index number requested by the aircraft’s registered operator

5

under regulation 21.855 refusing approval to remove or alter information on a critical part

6

under regulation 21.870 agreeing that it is impractical to mark information on a part

7

under subregulation 39.004(2) or (3) refusing to issue an instrument of approval or exclusion

8

under regulation 39.007 refusing to revoke or amend an Australian airworthiness directive

8A

under regulation 42.640 directing that an authorisation issued by a continuing airworthiness management organisation to a pilot licence holder be changed or cancelled

9

under regulation 45.060 refusing approval to place a design, mark or symbol on an aircraft

10

under regulation 45.065 refusing approval to display different markings

10A

under regulation 45.070 refusing approval to display different markings, or no markings, for the purposes of an exhibition

10B

under regulation 45.100 refusing approval to display different words, or no words, for the purposes of an exhibition

10C

under regulation 45.135 refusing approval of a method of displaying aircraft markings

11

under regulation 45.140 refusing approval to attach an aircraft identification plate other than in accordance with regulation 45.125

12A

under regulation 47.110 refusing, because of subregulation 47.110(9), to amend the Australian Civil Aircraft Register and give a certificate of registration

13

under regulation 47.132 cancelling the registration of an aircraft

14

under regulation 47.175 assigning fewer dealer’s marks to an aircraft dealer than were applied for by the dealer

15

under Subpart 67.B refusing to appoint a person as a DAME or DAO

16

under regulation 67.095 cancelling the appointment of a person as a DAME or DAO

17

under regulation 90.010 refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part 90

18

under regulation 137.040 refusing to approve a standard operations manual

19

under subregulation 137.045(6) refusing to accept:

(a) an application for an AOC submitted later than required under subregulation 137.045(1); or

(b) a manual or schedule of differences that is submitted later than required under subregulation 137.045(4); or

(c) an application for the variation of an AOC submitted later than required under subregulation 137.045(5)

20

under regulation 137.080 refusing to approve a proposed amendment to an operations manual

21

under regulation 137.085 refusing to approve a proposed amendment to a schedule of differences

22

under regulation 137.090 refusing to approve a proposed amendment to a standard operations manual

23

under regulation 139.145 giving a direction

24

under regulation 139.252 designating, or refusing to designate, an aerodrome as an aerodrome to which ASMGCS applies

25

under Subpart 139.C:

(a) refusing to register an aerodrome; or

(b) suspending or cancelling the registration of an aerodrome

Decisions made by other decisionmakers

 (3) Applications may be made to the Administrative Appeals Tribunal for review of a decision mentioned in subregulation (5) that is made:

 (a) under a provision of these Regulations; and

 (b) by a person mentioned in subregulation (4) who may make the decision under the provision.

 (4) For paragraph (3)(b), the persons are the following:

 (a) an authorised person;

 (b) an examiner;

 (c) an instructor;

 (d) the holder of an approval under regulation 61.040, 141.035 or 142.040;

 (e) a limited category organisation.

 (5) For subregulation (3), the decisions are the following:

 (a) a decision refusing to grant or issue an authorisation;

 (b) a decision varying an authorisation otherwise than on the application of the authorisationholder;

 (c) a decision refusing to vary an authorisation;

 (d) a decision imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisationholder;

 (e) under subregulation 21.176(5) or Division 132.D.2, a decision by a limited category organisation:

 (i) to assign a permit index number to a limited category aircraft; or

 (ii) to refuse to assign a new permit index number requested by the registered operator of a limited category aircraft.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of:

(a) the making of the decision; and

(b) the person’s right to have the decision reviewed.

201.016  Disclosure of personal information

 (1) CASA may, in the circumstances set out in this regulation, disclose personal information (within the meaning given by the Privacy Act 1988) that is in CASA’s possession or under its control.

 (2) The information is the following about an individual who holds a civil aviation authorisation:

 (a) the person’s name;

 (b) the person’s ARN (if any);

 (c) the person’s address;

 (d) the person’s telephone number;

 (e) details of each civil aviation authorisation and any medical certificate that the person holds.

 (3) If it is necessary for the safety of air navigation, CASA may disclose the information mentioned in any paragraph of subregulation (2) to:

 (a) a person providing an air traffic service (within the meaning given in Part 172) in Australian territory; or

 (b) a person carrying out search and rescue operations in Australian territory.

201.020  Service of documents

  Despite section 28A of the Acts Interpretation Act 1901, service may be effected on CASA only at its principal office at:

  16 Furzer Street

  Phillip ACT 2606

201.025  Prescription of matters for definitions in these Regulations

  For subsection 98(5A) of the Act, CASA may issue instruments prescribing matters for definitions in these Regulations relating to matters mentioned in the subsection.

Part 202Transitional

 

Table of Contents

Subpart 202.ABTransitional provisions for Part 1 (Preliminary)

Subpart 202.ADTransitional provisions for Part 11 (Regulatory administrative procedures)

202.010 Continuation of certain existing delegations

202.011 Continuation of exemptions under regulation 308 of CAR

202.011A Continuation of exemptions under subregulation 82(3) of CAR

202.011B Continuation of exemptions under subregulation 235(11) of CAR

202.011C Continuation of exemptions under regulation 92.080

202.011D Continuation of exemptions under regulation 92.155

202.011E Continuation of exemptions under regulation 101.040

202.011F Continuation of exemptions under regulation 139.020

202.011G Renewal, variation and revocation of exemptions

202.012 Consultation on certain Manuals of Standards

202.013 Delegations to persons other than officers

Subpart 202.AFTransitional provisions for Part 13 (Enforcement)

Subpart 202.AJTransitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)

Division 202.AJ.1Transitional provisions relating to certification of aircraft and aircraft components

Subdivision 202.AJ.1.AAmendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.049A Certain design standards taken to be applicable airworthiness standards for regulation 21.017

Subdivision 202.AJ.1.BAmendments made by Civil Aviation Amendment Regulations 1999 (No. 5)

202.050 Certificates of type approval

202.051 Certificates of airworthiness

202.052 Export certificate of airworthiness

Subdivision 202.AJ.1.CAmendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

202.052A Transitional—certificates of approval for design activities

Subdivision 202.AJ.1.D—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA Definitions for Subdivision 202.AJ.1.D

202.052B Applications for certain limited category certificates made but not finally determined before commencement time

202.052C Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

202.052D Certain special purpose operations for limited category aircraft

202.052E Certain experimental certificates for certain exarmed forces aircraft expire no later than 6 months after the commencement time

Division 202.AJ.2Transitional provisions relating to approvals of designs of modifications and repairs

Subdivision 202.AJ.2.AAmendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.053 Approvals of systems of certification under regulation 34 of CAR

202.054 Approvals of designs of modifications and repairs under regulation 35 of CAR

202.055 Approvals of aircraft components for use as replacements under regulation 36 of CAR

202.056 Use of aircraft material for particular purposes under regulation 36A of CAR

202.058 Approval of changes to flight manuals under regulations 55 and 55A of CAR

Subdivision 202.AJ.2.BAmendments made by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014

202.058A Transitional—approval of damage as permissible unserviceability

Division 202.AJ.3Transitional provisions relating to authorised persons

Subdivision 202.AJ.3.AAmendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.059 Authorised persons for regulations

Subpart 202.AKTransitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)

202.060 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.ALTransitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)

202.070 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.ANTransitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)

202.090 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AOTransitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)

Subpart 202.APTransitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)

Subpart 202.ARTransitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)

Subpart 202.ATTransitional provisions for Part 31 (Airworthiness standards for manned free balloons)

Subpart 202.AUTransitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)

202.140 Approvals under airworthiness instruments in force before 1 July 2009

Subpart 202.AVTransitional provisions for Part 33 (Airworthiness standards for aircraft engines)

Subpart 202.AXTransitional provisions for Part 35 (Airworthiness standards for aircraft propellers)

Subpart 202.AZTransitional provisions for Part 39 (Airworthiness directives)

202.170 Airworthiness directives

202.171 Application for exemption from, or variation of, requirement of airworthiness directive

202.172 Exemption from requirement of airworthiness directive

Subpart 202.BATransitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products)

202.180 Application of Part 42

202.181 Election that Part 42 is to apply to an aircraft

202.183 Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft

202.185 Approved maintenance programs taken to include approved systems of maintenance

202.186 Approved reliability programs taken to include reliability programs included in approved systems of maintenance

202.187 Defects recorded in maintenance releases (regulation 42.355)

202.188 References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i))

202.191 Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c))

202.193 Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i))

202.194 CASA may direct making of applications under regulation 42.585

Subpart 202.BDTransitional provisions for Part 45 (Display of nationality and registration marks)

Division 202.BD.1—Amendments made by the Civil Aviation Amendment Regulation 2000 (No. 3)

202.200 Australian aircraft marked in accordance with CAR

Division 202.BD.2—Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015

202.205 Approvals—markings on aircraft

202.210 Exemptions—antique, experimental and exmilitary aircraft

202.215 Directions—aircraft with special configuration

202.220 Directions—identification plates

Subpart 202.BFTransitional provisions for Part 47 (Registration of aircraft and related matters)

Division 202.BF.1—Transitional provisions relating to the commencement of Part 47

202.220 Definitions for Division 202.BF.1

202.221 Continuation of Aircraft Register

202.222 Reference to holder of a certificate of registration

202.223 Registration under CAR to continue

202.224 Pending applications or notices

202.225 Application to register aircraft under Part 47

Division 202.BF.2—Amendments made by the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014

202.226 Definitions for Division 202.BF.2

202.227 Application of regulation 47.131A

202.228 Application of regulation 47.165

Subpart 202.CBTransitional provisions for Part 61 (Flight crew licensing)

Division 202.CB.1Amendments made by regulations commencing 1 September 2014

Subdivision 202.CB.1.1General

202.260 Application of Division 202.CB.1—balloons excluded

202.261 Definitions for Division 202.CB.1

202.262 Application of Division 202.CB.1 to student pilot licences

Subdivision 202.CB.1.2Continued authorisations

202.263 Continuation of old authorisations

202.264 Continuation of suspended old authorisations

202.265 Nonfinalised action to vary, suspend or cancel old authorisations

202.266 Removal of conditions on certain continued authorisations

202.267 Flight review and proficiency check requirements

202.268 Removal of limitation on exercise of privileges of private or commercial pilot licences—multicrew operations

202.268A Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062

202.269 Personal log books under regulation 5.51 of CAR—certain continued authorisations

202.270 Extended meaning of licence document in Part 61

202.271 Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018

Subdivision 202.CB.1.3New authorisations for holders of continued authorisations

202.272 Grant of equivalent new authorisations

202.273 Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018

Subdivision 202.CB.1.4Other provisions

202.274 Nonfinalised applications for old authorisations

202.275 Eligibility for ratings—former holders of timelimited authorisations

202.276 Flight review and proficiency check requirements for certain new authorisations

202.277 Personal log books under regulation 5.51 of CAR—certain new authorisations

202.277A Grant of private pilot licence with helicopter category rating on basis of old requirements

202.277B Grant of commercial pilot licence with helicopter category rating on basis of old requirements

202.277C English competency for certain holders of student pilot licences

202.278 Grant of pilot type ratings on basis of overseas training and assessment

202.279 Instrument proficiency checks partially conducted by foreignauthorised person

202.281 Expiry of Division 202.CB.1 at end of 31 August 2025

Subpart 202.CETransitional provisions for Part 64 (Authorisations for nonlicensed personnel)

Division 202.CE.1Amendments made by regulations commencing 1 September 2014

Subdivision 202.CE.1.1Aircraft radiotelephone operator certificate of proficiency

202.300 Definitions for Subdivision 202.CE.1.1

202.301 Continuation of old authorisations

202.302 Continuation of suspended old authorisations

202.303 Nonfinalised action to vary, suspend or cancel old authorisations

202.304 Grant of aeronautical radio operator certificates

202.305 Nonfinalised applications for old authorisations

Subdivision 202.CE.1.2Approval to taxi an aeroplane

202.307 Definitions for Subdivision 202.CE.1.2

202.308 Continuation of old authorisations

202.309 Continuation of suspended old authorisations

202.310 Nonfinalised action to vary, suspend or cancel old authorisations

202.311 Production of continued authorisation

Subdivision 202.CE.1.3Expiry of Division 202.CE.1

202.312 Expiry of Division 202.CE.1 at end of 31 August 2018

Subpart 202.CFTransitional provisions for Part 65 (Air traffic services licensing)

202.320 Manual of Standards for Part 65

202.321 Persons holding certain licences

Subpart 202.CGTransitional provisions for Part 66 (Continuing airworthinessaircraft engineer licences and ratings)

202.340 Having regard to other airworthiness authorities in granting aircraft engineer licences

202.341 Category A licence holders and certification of completion of maintenance

202.342 Category A licence holders and final certificates for completion of maintenance

202.343 Category A licence holders and endorsing maintenance releases

202.345 Transitional arrangements for category B1 and B2 licence holders

202.355 Validation of certain licences and ratings granted subject to exclusions during relevant period

Subpart 202.CHTransitional provisions for Part 67 (Medical)

202.360 Medical certificates issued under Civil Aviation Regulations 1988

202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988

202.362 Actions by Director of Aviation Medicine

202.363 Applications for issue of medical certificates pending on 3 September 2003

Subpart 202.DATransitional provisions for Part 71 (Airspace)

Subpart 202.EATransitional provisions for Part 90 (Additional airworthiness requirements)

202.400 Transitional provision—Part 90 Manual of Standards

Subpart 202.EBTransitional provisions for Part 91 (General operating and flight rules)

Subpart 202.ECTransitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)

202.440 Approval of certain training courses and instructors

Subpart 202.FATransitional provisions for Part 101 (Unmanned aircraft and rocket)

Division 202.FA.1—Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016

202.455 Definition of commencement date for Division 202.FA.1

202.460 Transitional—approved areas for UAVs

202.461 Transitional—UAV controllers

202.462 Transitional—UAV operators

Subpart 202.FCTransitional provisions for Part 103 (Sport and recreational aviation operations)

Subpart 202.FETransitional provisions for Part 105 (Sport and recreational parachuting from aircraft)

Subpart 202.FJTransitional provisions for Part 115 (Operations using sport aviation aircraft for nonrecreational activities)

Subpart 202.FLTransitional provisions for Part 119 (Air operator certificationair transport)

Subpart 202.FNTransitional provisions for Part 121A (Air transport operationslarge aeroplanes)

Subpart 202.FOTransitional provisions for Part 121B (Air transport operationssmall aeroplanes)

Subpart 202.FR—Transitional provisions for Part 129 (Foreign air transport operators—certification and operating requirements)

Division 202.FR.1—Amendments made by the Civil Aviation Legislation Amendment (Part 129) Regulation 2015

202.600 AOCs authorising charter or regular public transport operations by foreign operators—if in force immediately before 20 April 2016

202.601 AOCs authorising charter or regular public transport operations by foreign operators—if under suspension immediately before 20 April 2016

202.602 Applications by foreign operators for AOCs authorising charter or regular public transport operations—if made but not finally determined before 20 April 2016

202.603 Repeal of Division 202.FR.1 at the start of 20 April 2018

Subpart 202.FS—Transitional provisions for Part 132 (Limited category aircraft)

Division 202.FS.1—Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.609 Definitions for Division 202.FS.1

202.610 Warning placards

202.611 Permit indexes assigned by CASA or Australian Warbirds Association Limited

202.612 Limited category aircraft without permit index

202.613 Approval of major modifications and repairs

202.614 Approval to carry more than 6 passengers

Subpart 202.FTTransitional provisions for Part 133 (Air transport and aerial work operationsrotorcraft)

Subpart 202.FVTransitional provisions for Part 136 (Aerial work operationsother than those covered by Parts 133, 137, 138, 141 and 142)

Subpart 202.FWTransitional provisions for Part 137 (Aerial agriculture operationsother than rotorcraft)

Subpart 202.FXTransitional provisions for Part 138 (Search and rescue operations

Subpart 202.FYTransitional provisions for Part 139 (Aerodromes)

202.700 Definitions for this Subpart

202.701 Aerodrome licences issued under CAR

202.702 Conditions of transitional aerodrome licences

202.703 Duration of transitional aerodrome licences

202.704 Previous aerodrome manuals and standards for aerodromes

202.705 Exemptions

Subpart 202.FYHTransitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

202.710 Manual of Standards for Subpart 139.H

Subpart 202.GATransitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses)

Division 202.GA.1Amendments made by regulations commencing 1 September 2014

202.720 Definitions for Division 202.GA.1

202.721 AOCs and approvals under regulation 60.055 held immediately before 1 September 2014

202.722 AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

202.723 Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014

202.724 Application of Part 141 to certain Part 141 operators—references to operations manual

202.726 Application of Part 141 to certain Part 141 operators without Part 60 quality systems

202.727 Application of Part 141 to certain Part 141 operators—provisions that do not apply

202.727A Application of subregulation 141.085(3) (about applications for approval of significant changes)

202.728 References to standardisation and proficiency checks for instructors for certain Part 141 operators

202.729 Repeal of this Division at end of 31 August 2018

Subpart 202.GBTransitional provisions for Part 142 (Integrated and multicrew pilot flight training, contracted recurrent training and contracted checking)

Division 202.GB.1Amendments made by regulations commencing 1 September 2014

202.740 Definitions for Division 202.GB.1

202.741 AOCs authorising flying training—if in force immediately before 1 September 2014

202.742 AOCs authorising flying training—if under suspension immediately before 1 September 2014

202.743 Applications for AOCs authorising flying training—if made but not finally determined before 1 September 2014

202.744 Approvals under regulation 60.055 held immediately before 1 September 2014

202.745 Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

202.746 Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014

202.747 Application of Part 142 to certain Part 142 operators—references to exposition

202.748 Application of Part 142 to certain Part 142 operators with Part 60 quality systems—safety management system and quality assurance management system

202.749 Application of Part 142 to certain Part 142 operators without Part 60 quality systems—safety and quality assurance management systems not required

202.750 Application of Part 142 to certain Part 142 operators—provisions that do not apply

202.751 References to standardisation and proficiency checks for instructors for certain Part 142 operators

202.752 Repeal of this Division at end of 31 August 2018

Subpart 202.GCTransitional provisions for Part 143 (Air traffic services training providers)

202.760 Manual of Standards for Part 143

Subpart 202.GDTransitional provisions for Part 144 (Product distribution organisations)

Subpart 202.GETransitional provisions for Part 145 (Continuing airworthiness—Part 145 approved maintenance organisations)

Division 202.GE.1Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)

202.800 CASA may direct making of applications under regulation 145.025

Division 202.GE.2Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

Subdivision 202.GE.2.1Part 145 organisations undertaking CAR maintenance activities—general

202.801 Interpretation for Division 202.GE.2—Part 145 references to maintenance services taken to include references to CAR maintenance activities

202.802 Interpretation for Division 202.GE.2—Part 145 definition of approval rating

202.803 Interpretation for Division 202.GE.2—Part 145 definition of significant change

202.804 Part 145 Manual of Standards—additional matters for CAR maintenance activities

Subdivision 202.GE.2.2Part 145 organisations undertaking CAR maintenance activities—approval of organisations

202.805 Applying for approval

202.806 Issuing approval

202.807 Approval certificate

202.808 Privileges for Part 145 organisations

202.809 Approval subject to conditions

Subdivision 202.GE.2.3Part 145 organisations undertaking CAR maintenance activities—offence

202.810 Undertaking CAR maintenance activities

Subpart 202.GGTransitional provisions for Part 147 (Continuing airworthinessmaintenance training organisations)

202.840 Recognised organisations taken to be maintenance training organisations

202.841 Applications for approval as a recognised organisation made but not finally determined before 27 June 2011

202.842 CASA may direct the making of applications under regulation 147.025

Subpart 202.GITransitional provisions for Part 149 (Recreational aviation administration organisations)

Subpart 202.HATransitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

202.880 Manual of Standards for Part 171

Subpart 202.HBTransitional provisions for Part 172 (Air traffic service providers)

202.900 Manual of Standards for Part 172

Subpart 202.HCTransitional provisions for Part 173 (Instrument flight procedure design)

Subpart 202.HDTransitional provisions for Part 174 (Aviation meteorological services)

Subpart 202.HE—Transitional provisions for Part 175 (Aeronautical information management)

Subpart 202.HLTransitional provisions for Part 200 (Exemptions)

Subpart 202.HMTransitional provisions for Part 201 (Miscellaneous)

Subpart 202.ABTransitional provisions for Part 1 (Preliminary)

 

Note: This Subpart heading is reserved for future use.

Subpart 202.ADTransitional provisions for Part 11 (Regulatory administrative procedures)

 

202.010  Continuation of certain existing delegations

 (1) Despite any amendment of regulation 7 of CAR that has the effect of preventing any delegation under it of a power or function under CASR, a delegation, under that regulation, of such a power or function continues to have effect according to its terms (including any condition imposed on such a delegation).

 (1A) Despite the repeal of regulation 7 of CAR, a delegation under that regulation of a power or function under CAR, being a delegation that was in force immediately before 27 June 2011, continues to have effect on and after 27 June 2011 according to its terms (including any condition imposed on such a delegation).

 (2) Despite any repeal of regulation 201.002, a delegation made under that regulation continues to have effect according to its terms (including any condition imposed on such a delegation).

 (3) A delegation referred to in subregulation (1), (1A) or (2) continues to be subject to any direction given by the Director under subregulation 7(3) of CAR, or subregulation 201.002(3), as the case may be.

 (4) CASA may revoke a delegation mentioned in this regulation.

 (5) CASA may impose, vary or remove a condition on a delegation mentioned in this regulation.

202.011  Continuation of exemptions under regulation 308 of CAR

 (1) Despite anything in Subpart 11.F, an exemption from compliance with a provision of CASR issued under regulation 308 of CAR continues to have effect according to its terms.

 (2) Despite the repeal of regulation 308 of CAR, an exemption from compliance with a provision of CAR, being an exemption that was in force under that regulation immediately before 27 June 2011, continues in force, on and after 27 June 2011, according to its terms.

 (3) If:

 (a) before 27 June 2011, a person asked CASA for an exemption under regulation 308 of CAR; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption;

the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

 (4) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.

Penalty: 50 penalty units.

 (5) An offence against this regulation is an offence of strict liability.

202.011A  Continuation of exemptions under subregulation 82(3) of CAR

 (1) Despite the repeal of subregulation 82(3) of CAR, an exemption that was in force under that subregulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person asked CASA for an exemption under subregulation 82(3) of CAR; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption;

the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

202.011B  Continuation of exemptions under subregulation 235(11) of CAR

 (1) Despite the repeal of subregulation 235(11) of CAR, an exemption that was in force under that subregulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person asked CASA for an exemption under subregulation 235(11) of CAR; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption;

the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

202.011C  Continuation of exemptions under regulation 92.080

 (1) Despite the repeal of regulation 92.080, an exclusion that was in force under that regulation immediately before 27 June 2011 continues to have effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person applied for an exclusion under regulation 92.080; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exclusion;

the application is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

202.011D  Continuation of exemptions under regulation 92.155

 (1) Despite the repeal of regulation 92.155, an exclusion that was in force under that regulation immediately before 27 June 2011 has effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person applied for an exclusion under regulation 92.155; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exclusion;

the application is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

202.011E  Continuation of exemptions under regulation 101.040

 (1) Despite the repeal of regulation 101.040, an exemption that was in force under that regulation immediately before 27 June 2011 has effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person asked CASA for an exemption under regulation 101.040; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption;

the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

 (3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.

Penalty: 50 penalty units.

 (4) An offence against this regulation is an offence of strict liability.

202.011F  Continuation of exemptions under regulation 139.020

 (1) Despite the repeal of regulation 139.020, an exemption that was in force under that regulation immediately before 27 June 2011, including an exemption that was in force as a result of the application of regulation 202.705, has effect, on and after 27 June 2011, according to its terms.

 (2) If:

 (a) before 27 June 2011, a person asked CASA for an exemption under regulation 139.020; and

 (b) CASA did not, before 27 June 2011, decide whether or not to grant the exemption;

the request is taken, on and after 27 June 2011, to be an application under regulation 11.165 for an exemption under Division 11.F.1.

 (3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.

Penalty: 10 penalty units.

202.011G  Renewal, variation and revocation of exemptions

 (1) An exemption or exclusion mentioned in any of regulations 202.011 to 202.011F may be varied or revoked under Subpart 11.F as if it were an exemption granted under Division 11.F.1.

 (2) For regulation 11.175, an exemption or exclusion that has effect under any of regulations 202.011 to 202.011F is taken to be an exemption previously granted under Division 11.F.1.

202.012  Consultation on certain Manuals of Standards

 (1) In this regulation:

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

 (2) If before this regulation commenced CASA had undertaken consultation on a MOS, being consultation that would have satisfied the requirements of Subpart 11.J if that Subpart had been in force, that Subpart does not require CASA to repeat that consultation.

202.013  Delegations to persons other than officers

  Despite the amendment of regulation 11.260 that commenced on 27 June 2011 limiting the Director’s power to delegate a power of CASA under these Regulations to a person other than an officer:

 (a) a delegation to a person other than an officer that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (b) CASA may revoke such a delegation, in whole or in part, as if regulation 11.260 had not been amended.

Subpart 202.AFTransitional provisions for Part 13 (Enforcement)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.030 to 202.049 are reserved for use in this Subpart.

 

Subpart 202.AJTransitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)

Division 202.AJ.1Transitional provisions relating to certification of aircraft and aircraft components

Subdivision 202.AJ.1.AAmendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.049A  Certain design standards taken to be applicable airworthiness standards for regulation 21.017

 (1) A design standard for an aircraft:

 (a) that was issued under regulation 21 of CAR; and

 (b) that was in force immediately before 27 June 2011;

is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft for regulation 21.017.

 (2) A design standard for an aircraft component:

 (a) that was issued under regulation 21A of CAR; and

 (b) that was in force immediately before 27 June 2011;

is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft component for regulation 21.017.

Subdivision 202.AJ.1.BAmendments made by Civil Aviation Amendment Regulations 1999 (No. 5)

202.050  Certificates of type approval

 (1) A certificate of type approval for an aircraft, or an aircraft engine or a propeller, that was, immediately before 1 October 1998, in force under regulation 22 of CAR as then in force continues in force on and after that date as if it were a type certificate issued under regulation 21.013A or 21.029.

 (2) A certificate of type approval for an aircraft that was, immediately before 1 October 1998, in force under regulation 22A of CAR as then in force continues in force on and after that date as if it were a type acceptance certificate issued under regulation 21.029A.

 (3) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before 1 October 1998.

202.051  Certificates of airworthiness

 (1) A certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 24 of CAR as then in force continues in force on and after that date as if it were a certificate of airworthiness issued under regulation 21.176.

 (2) A certificate of airworthiness continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 October 1998.

 (3) Subject to Division 7 of Part 4A of CAR, a direction that was, immediately before 1 October 1998, in force under paragraph 25(1)(b) of CAR as then in force continues in force on and after that date according to its terms.

202.052  Export certificate of airworthiness

  An export certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 28 of CAR as then in force continues in force on and after that date as if it were an export airworthiness approval issued under regulation 21.324.

Subdivision 202.AJ.1.CAmendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

202.052A  Transitional—certificates of approval for design activities

 (1) Despite the amendment of regulation 30 of CAR on 1 March 2014, a certificate of approval that covers the design of an aircraft, aircraft component or aircraft material and was in force under that regulation immediately before that date:

 (a) continues in force on and after that date according to its terms; and

 (b) may be varied, suspended or revoked under regulation 269 of CAR as if regulation 30 of CAR had not been amended.

 (2) However, the certificate of approval ceases to have effect, to the extent that it covers the design of an aircraft, aircraft component or aircraft material, at the earliest of the following times:

 (a) if the certificate of approval specifies a day on which it expires, or a period for which it is to remain in force—the end of that day or period;

 (b) the end of 28 February 2017;

 (c) if it is revoked under regulation 269 of CAR—when it is revoked.

 (3) If:

 (a) before 1 March 2014, an application was made, under regulation 30 of CAR, for a certificate of approval that covers the design of an aircraft, aircraft component or aircraft material; and

 (b) the application was in accordance with that regulation as in force at the time the application was made; and

 (c) the application was not finally determined by CASA before that date;

Regulation 30 of CAR has effect, on and after that date, in relation to the application as if regulation 30 of CAR had not been amended.

 (4) If a certificate of approval is granted under regulation 30 of CAR, as in effect under subregulation (3), subregulations (1) and (2) apply to the certificate of approval as if the certificate had been issued under regulation 30 of CAR immediately before 1 March 2014.

 (5) This regulation expires at the end of 1 March 2017 as if it had been repealed by another regulation.

Subdivision 202.AJ.1.DAmendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.052AA  Definitions for Subdivision 202.AJ.1.D

  In this Subdivision:

commencement time means the commencement of the Civil Aviation Legislation Amendment (Part 132) Regulation 2016.

202.052B  Applications for certain limited category certificates made but not finally determined before commencement time

 (1) This regulation applies if, before the commencement time, an application for a limited category certificate for an aircraft was made but had not been finally determined.

 (2) The application must be determined in accordance with regulations 21.176 and 21.189 as in force before the commencement time.

202.052C  Application of subregulations 21.176(5) and (5A)—limited category certificates issued on or after commencement time

  Subregulations 21.176(5) and (5A) apply to a limited category certificate for an aircraft issued on or after the commencement time.

202.052D  Certain special purpose operations for limited category aircraft

 (1) This regulation applies if, immediately before the commencement time, a person held a special certificate of airworthiness for operating an historic or exmilitary aircraft in adventure style operations.

 (2) The person is taken, on and after the commencement time, to hold a special certificate of airworthiness for conducting adventure flights in an historic or exmilitary aircraft.

202.052E  Certain experimental certificates for certain exarmed forces aircraft expire no later than 6 months after the commencement time

 (1) This regulation applies to an experimental certificate for an exarmed forces aircraft if:

 (a) it was in force or under suspension immediately before the commencement time; and

 (b) it was issued for a purpose mentioned in paragraph 21.191(d) (exhibition).

Note: A suspended certificate is taken not to be in force: see regulations 11.132, 21.002C and 21.195B.

 (2) The certificate expires at the earliest of the following times:

 (a) if a period for which the certificate is in force is specified in the certificate—the end of the period;

 (b) when a limited category certificate is issued for the aircraft;

 (c) when the certificate is cancelled;

 (d) when the aircraft ceases to be registered in Australia;

 (e) the day after the end of the period of 6 months beginning at the commencement time.

 (3) This regulation applies despite subregulation 21.195B(2).

Division 202.AJ.2Transitional provisions relating to approvals of designs of modifications and repairs

Subdivision 202.AJ.2.AAmendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.053  Approvals of systems of certification under regulation 34 of CAR

  Despite the repeal of regulation 34 of CAR:

 (a) an approval of a system of certification under that regulation, being an approval that was in force immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and

 (b) CASA may vary, suspend or revoke the approval as if that regulation had not been repealed.

202.054  Approvals of designs of modifications and repairs under regulation 35 of CAR

 (1) Despite the repeal of regulation 35 and subregulations 47(4) and (7) of CAR:

 (a) an approval of a design of a modification or repair that was in force under subregulation 35(2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (b) an authorisation that was in force under subregulation 35(3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (c) subregulations 47(4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 35 of CAR, nor those subregulations, had been repealed; and

 (d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 35 of CAR had not been repealed.

 (2) If:

 (a) before 27 June 2011, an application was made to CASA or an authorised person under regulation 35 of CAR for the approval of the design of a modification or repair; and

 (b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011;

the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.

202.055  Approvals of aircraft components for use as replacements under regulation 36 of CAR

 (1) Despite the repeal of regulation 36 and subregulations 47(4) and (7) of CAR:

 (a) an approval of an aircraft component, or aircraft components included in a type of aircraft component, for use as a replacement that was in force under subregulation 36(2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (b) an authorisation that was in force under subregulation 36(3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (c) subregulations 47(4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 36 of CAR, nor those subregulations, had been repealed; and

 (d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 36 of CAR had not been repealed.

 (2) If:

 (a) before 27 June 2011, an application was made to CASA or an authorised person for an approval under regulation 36 of CAR; and

 (b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011;

the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.

202.056  Use of aircraft material for particular purposes under regulation 36A of CAR

 (1) Despite the repeal of regulation 36A of CAR:

 (a) a direction under subregulation 36A(2) of CAR that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and

 (b) subregulation 36A(3) of CAR, as in force immediately before 27 June 2011, continues to apply to such a direction as if regulation 36A of CAR had not been repealed; and

 (c) CASA may vary, suspend or revoke such a direction as if regulation 36A of CAR had not been repealed.

 (2) Despite the repeal of regulation 36A of CAR:

 (a) an approval of an aircraft material, being an approval that was in force under subregulation 36A(3A) of CAR immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and

 (b) CASA may vary, suspend or revoke such an approval as if regulation 36A of CAR had not been repealed.

 (3) If:

 (a) before 27 June 2011, a person asked CASA or an authorised person to approve the use of aircraft material for a particular purpose under regulation 36A of CAR; and

 (b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to approve the use of the material;

the request is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.

202.058  Approval of changes to flight manuals under regulations 55 and 55A of CAR

 (1) Despite the repeal of regulation 55 of CAR, an approval of a change to an aircraft’s flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given under regulation 21.006A.

 (2) If:

 (a) before 27 June 2011, a person asked CASA or an authorised person to approve a change to an aircraft’s flight manual under regulation 55 of CAR; and

 (b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to give the approval;

the request is taken, on and after 27 June 2011, to be an application for approval of the change made to CASA or the authorised person under regulation 21.006A.

 (3) Despite the repeal of regulation 55A of CAR, an approval of a change to an aircraft’s flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given by CASA under regulation 21.006A.

 (4) If:

 (a) before 27 June 2011, an application was made under regulation 55A of CAR for the approval of a change to an aircraft’s flight manual; and

 (b) the application was not finally determined by CASA immediately before 27 June 2011;

the application is taken, on and after 27 June 2011, to be an application for approval of the change under regulation 21.006A.

Subdivision 202.AJ.2.BAmendments made by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014

202.058A  Approval of damage as permissible unserviceability under regulation 21.007

  Despite the amendment of regulation 21.007 by the Civil Aviation Legislation Amendment (Part 21) Regulation 2014, an approval of damage as a permissible unserviceability that was in force immediately before 1 May 2014 continues in force in accordance with its terms.

Division 202.AJ.3Transitional provisions relating to authorised persons

Subdivision 202.AJ.3.AAmendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)

202.059  Authorised persons for regulations 35, 36 and 36A of CAR

 (1) This regulation applies to a person who was, immediately before 27 June 2011, an authorised person appointed under regulation 6 of CAR for the purposes of regulation 35, 36 or 36A of CAR (as in force before 27 June 2011).

 (2) CASA is taken to have appointed the person on 27 June 2011 under regulation 201.001 to be an authorised person for regulations 21.006A and 21.009 and the provisions of Subpart 21.M.

 (3) The appointment is subject to the conditions to which the person’s appointment as an authorised person under regulation 6 of CAR was subject to immediately before 27 June 2011.

 (4) However, the appointment expires:

 (a) when the person’s appointment as an authorised person for regulation 35, 36 or 36A of CAR would have expired; or

 (b) at the end of 26 June 2013; or

 (c) when it is revoked;

whichever happens first.

Subpart 202.AKTransitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)

 

202.060  Approvals under airworthiness instruments in force before 1 July 2009

 (1) Despite the amendments of Part 22 taking effect on 1 July 2009:

 (a) an approval that:

 (i) was given by CASA under a repealed provision; and

 (ii) was in effect immediately before 1 July 2009;

  has effect on and after 1 July 2009 as if those amendments had not been made; and

 (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

 (2) In this regulation:

repealed provision means regulation 22.006, 22.007, 22.008 or 22.009 as in force immediately before 1 July 2009.

Subpart 202.ALTransitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)

 

202.070  Approvals under airworthiness instruments in force before 1 July 2009

 (1) Despite the amendments of Part 23 taking effect on 1 July 2009:

 (a) an approval that:

 (i) was given by CASA under a repealed provision; and

 (ii) was in effect immediately before 1 July 2009;

  has effect on and after 1 July 2009 as if those amendments had not been made; and

 (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

 (2) In this regulation:

repealed provision means regulation 23.007 or 23.008 as in force immediately before 1 July 2009.

Subpart 202.ANTransitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)

 

202.090  Approvals under airworthiness instruments in force before 1 July 2009

 (1) Despite the amendments of Part 25 taking effect on 1 July 2009:

 (a) an approval that:

 (i) was given by CASA under the former regulation 25.006; and

 (ii) was in effect immediately before 1 July 2009;

  has effect on and after 1 July 2009 as if those amendments had not been made; and

 (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

 (2) In this regulation:

the former regulation 25.006 means regulation 25.006 as in force immediately before 1 July 2009.

Subpart 202.AOTransitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)

 

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.100 to 202.109 are reserved for use in this Subpart.

Subpart 202.APTransitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)

 

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.110 to 202.119 are reserved for use in this Subpart.

Subpart 202.ARTransitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.120 to 202.129 are reserved for use in this Subpart.

 

Subpart 202.ATTransitional provisions for Part 31 (Airworthiness standards for manned free balloons)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.130 to 202.139 are reserved for use in this Subpart.

 

Subpart 202.AUTransitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)

 

202.140  Approvals under airworthiness instruments in force before 1 July 2009

 (1) Despite the amendments of Part 32 taking effect on 1 July 2009:

 (a) an approval that:

 (i) was given by CASA under the former regulation 32.004; and

 (ii) was in effect immediately before 1 July 2009;

  has effect on and after 1 July 2009 as if those amendments had not been made; and

 (b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

 (2) In this regulation:

the former regulation 32.004 means regulation 32.004 as in force immediately before 1 July 2009.

Subpart 202.AVTransitional provisions for Part 33 (Airworthiness standards for aircraft engines)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.150 to 202.159 are reserved for use in this Subpart.

 

Subpart 202.AXTransitional provisions for Part 35 (Airworthiness standards for aircraft propellers)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.160 to 202.169 are reserved for use in this Subpart.

 

Subpart 202.AZTransitional provisions for Part 39 (Airworthiness directives)

 

202.170  Airworthiness directives

  If an airworthiness directive issued under regulation 37A of CAR, or such an airworthiness directive as subsequently varied, had effect immediately before 1 January 2000, then, subject to these Regulations, the airworthiness directive, or the airworthiness directive as varied, continues to have effect on and after that day as if it were an airworthiness directive issued by CASA under regulation 39.001.

202.171  Application for exemption from, or variation of, requirement of airworthiness directive

  If an application under regulation 42ZR of CAR for an exemption from, or a variation of, a requirement of an airworthiness directive, in so far as it relates to a particular aircraft, was still pending immediately before 1 January 2000, the application has effect as if it were a written request made by the applicant, on that day, for CASA to exclude, under regulation 39.004, the aircraft from the operation of the airworthiness directive.

202.172  Exemption from requirement of airworthiness directive

  If an exemption from a requirement of an airworthiness directive granted, under regulation 42ZS of CAR, in relation to an aircraft was still in force immediately before 1 January 2000, then, subject to these Regulations, the exemption has effect as if it were an instrument issued under regulation 39.004, on that day, excluding the aircraft from the operation of the airworthiness directive.

Subpart 202.BATransitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products)

 

202.180  Application of Part 42

 (1) Part 42 applies to:

 (a) a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206(1)(c) of CAR; and

 (b) a registered aircraft for which an election under regulation 202.181 is in force; and

 (c) an aeronautical product for an aircraft mentioned in paragraph (a) or (b).

 (2) Part 42 applies to a Part 145 organisation that is providing maintenance services for:

 (a) an aircraft mentioned in paragraph (1)(a) or (b); or

 (b) an aeronautical product for an aircraft mentioned in paragraph (1)(a) or (b).

 (3) Part 42 applies to an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on an aircraft mentioned in paragraph (1)(a) or (b).

202.181  Election that Part 42 is to apply to an aircraft

 (1) This regulation applies to:

 (a) a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206(1)(a) or (b) of CAR; or

 (b) a registered large aircraft that is not authorised to operate under an AOC.

 (2) The registered operator of the aircraft may, by written notice given to CASA, elect that Part 42 is to apply to the aircraft.

 (3) An election under this regulation must be in the approved form.

 (4) An election under this regulation is not revocable.

 (5) However, an election under this regulation for an aircraft ceases to be in force if there is a change of registered operator for the aircraft.

202.183  Application of subparagraph 42.030(2)(c)(ii) (airworthiness review certificates) to existing and new aircraft

Existing aircraft

 (1) Subparagraph 42.030(2)(c)(ii) applies to the registered operator of an existing aircraft of a particular type and model on and after the day that is 3 years after the approval day for the operator for that type and model of aircraft.

 (2) An aircraft of a particular type and model is an existing aircraft for a registered operator if the aircraft is mentioned in the registered operator’s AOC on the approval day for the operator for that type and model of aircraft.

New aircraft

 (3) Subparagraph 42.030(2)(c)(ii) applies to the registered operator of a new aircraft of a particular type and model on and after the day after the approval day for the operator for that type and model of aircraft.

 (4) An aircraft of a particular type and model is a new aircraft for a registered operator if the aircraft was added to the registered operator’s AOC after the approval day for the operator for that type and model of aircraft.

Approval day

 (5) In this regulation:

approval day, for the registered operator of a particular type and model of aircraft, means the day when the operator is approved as a continuing airworthiness management organisation for that type and model of aircraft.

202.185  Approved maintenance programs taken to include approved systems of maintenance

  For Part 42, a reference to an approved maintenance program for an aircraft is taken to include an approved system of maintenance for the aircraft.

202.186  Approved reliability programs taken to include reliability programs included in approved systems of maintenance

  For Part 42, a reference to an approved reliability program for an aircraft is taken to include a reliability program included in an approved system of maintenance for the aircraft.

202.187  Defects recorded in maintenance releases (regulation 42.355)

 (2) For regulation 42.355, if a maintenance release that is in force for an aircraft immediately before Part 42 begins to apply to the aircraft is endorsed with information about a defect in the aircraft, the defect is taken to be recorded in the continuing airworthiness records system for the aircraft.

 (3) In this regulation:

maintenance release, for the registered operator of an aircraft, includes another document approved by CASA for use by the operator as an alternative for the purposes of regulation 49 or 50 of CAR.

202.188  References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i))

  For subparagraphs 42.420(5)(a)(i) and (b)(i), a reference to an authorised release certificate is taken to include an authorised release certificate, within the meaning given by subclause 18(1) of Part 2 of the Dictionary, that is issued before 27 June 2013.

202.191  Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745(c))

 (1) This regulation applies to an approved maintenance organisation that, before becoming an approved maintenance organisation:

 (a) was the holder of a certificate of approval that covered maintenance of aircraft or aircraft components; and

 (b) carried out maintenance on an aircraft.

 (2) For paragraph 42.745(c), a reference to maintenance certification having been performed for maintenance carried out on an aircraft is taken to include, in relation to maintenance mentioned in paragraph (1)(b), certification of the completion of the maintenance in accordance with regulation 42ZE or 42ZN of CAR.

202.193  Reference to maintenance carried out in accordance with Part 42 (subparagraph 42.795(c)(i))

 (1) This regulation applies to an approved maintenance organisation that, before becoming an approved maintenance organisation:

 (a) was the holder of a certificate of approval that covered maintenance of aircraft or aircraft components; and

 (b) carried out maintenance:

 (i) on an aeronautical product that is an aircraft component; and

 (ii) in accordance with the approved maintenance data for the component.

Note: For the definition of approved maintenance data, see subsection 2(1) of CAR.

 (2) For subparagraph 42.795(c)(i), a reference to maintenance having been carried out on the product in accordance with Part 42 is taken to include maintenance mentioned in paragraph (1)(b).

202.194  CASA may direct making of applications under regulation 42.585

 (1) CASA may direct the registered operator of an aircraft of a particular type and model to make an application under regulation 42.585 for approval as a continuing airworthiness management organisation for that type and model of aircraft.

 (2) A direction under this regulation must:

 (a) be in writing; and

 (b) specify the time within which the direction must be complied with.

 (3) A person to whom a direction is given must comply with the direction within the time specified in the direction.

Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 42.

Subpart 202.BDTransitional provisions for Part 45 (Display of nationality and registration marks)

Division 202.BD.1Amendments made by the Civil Aviation Amendment Regulation 2000 (No. 3)

202.200  Australian aircraft marked in accordance with CAR

  Despite Part 45, an Australian aircraft registered before 1 October 2000 need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR (as in force immediately before 1 October 2000).

Division 202.BD.2Amendments made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015

202.205  Approvals—markings on aircraft

 (1) This regulation applies to an approval that was in force under regulation 45.090 immediately before 4 July 2016.

 (2) The approval has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.060.

202.210  Exemptions—antique, experimental and exmilitary aircraft

  Despite the amendments of these Regulations made by Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015, regulation 45.100 (as in force immediately before 4 July 2016) continues to apply to an aircraft covered by paragraphs 45.100(1)(a) and (b) until the aircraft is repainted as if a reference in that regulation to regulations 45.045, 45.050, 45.055, 45.060, 45.065, 45.070, 45.075, 45.080 and 45.085 were a reference to the requirements prescribed by the Part 45 Manual of Standards under regulation 45.050.

202.215  Directions—aircraft with special configuration

 (1) This regulation applies to a written direction that was in force under regulation 45.105 immediately before 4 July 2016.

 (2) The direction has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.065.

202.220  Directions—identification plates

 (1) This regulation applies to a written direction that was in force under regulation 45.150 immediately before 4 July 2016.

 (2) The direction has effect, on and after 4 July 2016, as if it were an approval granted under regulation 45.140.

Subpart 202.BFTransitional provisions for Part 47 (Registration of aircraft and related matters)

Division 202.BF.1Transitional provisions relating to the commencement of Part 47

202.220  Definitions for Division 202.BF.1

  In this Division:

certificate of registration means a certificate of registration issued under the old Regulations.

eligible person has the meaning given by regulation 47.010.

old Regulations means CAR as in force immediately before 15 November 2004.

property interest has the meaning given by the old Regulations.

registered operator has the meaning given by regulation 47.100.

202.221  Continuation of Aircraft Register

 (1) For Subpart 47.B, the Aircraft Register mentioned in regulation 8 of the old Regulations (the Aircraft Register) continues in existence under the name Australian Civil Aircraft Register.

 (2) Entries made in the Aircraft Register under Part 3 of the old Regulations are incorporated in, and form part of, the Australian Civil Aircraft Register.

202.222  Reference to holder of a certificate of registration

 (1) A reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft.

 (2) A duty imposed on the holder of a certificate of registration of an aircraft is taken to be imposed on the registered operator of the aircraft.

202.223  Registration under CAR to continue

 (1) The registration of an aircraft in the Aircraft Register continues as if the old Regulations were still in force until:

 (a) the day when CASA registers, or refuses to register, the aircraft under Part 47; or

 (b) CASA cancels the registration.

Note: After 15 November 2005, CASA may cancel or suspend the registration of an aircraft if the owner of the aircraft does not reply to a request made under subregulation 202.225(5).

 (2) However, CASA must not accept an application for a change of any details about an aircraft that are kept in the Aircraft Register, other than an application for:

 (a) a change of name or address of the holder of the certificate of registration, or a property interest holder, of the aircraft; or

 (b) the cancellation of the registration of the aircraft.

 (3) If the registration of an aircraft is suspended under the old Regulations, the suspension continues as if the old Regulations were still in force.

202.224  Pending applications or notices

 (1) This regulation applies if:

 (a) before 15 November 2004, a person applied to CASA or sent CASA a notice under Part 3 of the old Regulations; and

 (b) on or after 15 November 2004, CASA had not decided about the application or acted on the notice.

 (2) CASA must decide about the application or act on the notice as if the old Regulations were still in force.

202.225  Application to register aircraft under Part 47

 (1) The owner of an aircraft that is registered in the Aircraft Register may apply to CASA to register the aircraft under Part 47.

 (2) The application must be made in an approved form and include:

 (a) the aircraft’s registration mark, manufacturer, model and serial number; and

 (b) the name, address and signature of the owner of the aircraft; and

 (c) the registered operator’s name and postal address, and:

 (i) if the registered operator is an individualhis or her home address; or

 (ii) if the registered operator is a corporationthe address of the corporation’s registered office; and

 (d) the name, address and signature of the person who holds the certificate of registration; and

 (e) the name, address and signature of each person who holds a property interest in the aircraft.

 (3) If CASA receives an application in accordance with subregulation (2), CASA must register the aircraft.

 (4) However, CASA may approve an application without 1 or more of the signatures required by paragraph (2)(e), if there is other evidence available to demonstrate that the application is genuine.

 (5) If, after 15 November 2005, CASA asks an applicant, or the owner of an aircraft, to provide information, or take an action, to complete an application in the approved form, the applicant, or owner, must provide the information, or take the action, within 90 days of CASA making the request.

Note: Regulation 47.045 of CASR sets out relevant directions about communicating with CASA.

 (6) CASA may cancel or suspend the registration of the aircraft if the applicant, or owner of the aircraft, fails to comply with subregulation (5).

Note: An explanation of the procedures that apply in relation to a suspension are set out in the advisory circular AC 471 which can be viewed at, or downloaded from, CASA’s website: www.casa.gov.au.

Division 202.BF.2Amendments made by the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014

202.226  Definitions for Division 202.BF.2

  In this Division:

amending regulation means the Civil Aviation Safety Amendment (Cape Town Convention) Regulation 2014.

commencement means the commencement of the amending regulation.

202.227  Application of regulation 47.131A

  Regulation 47.131A applies if:

 (a) CASA became aware, before commencement, that a registered operator of an aircraft was not an eligible person, but CASA has not, as at commencement, issued a notice cancelling the registration of the aircraft; or

 (b) CASA becomes aware, after commencement, that a registered operator of an aircraft is not an eligible person (whether the aircraft is registered before or after commencement).

202.228  Application of regulation 47.165

  The amendment of regulation 47.165 made by the amending regulation applies in relation to applications under that regulation approved after commencement (whether the application is made before or after commencement).

Subpart 202.CBTransitional provisions for Part 61 (Flight crew licensing)

Division 202.CB.1Amendments made by regulations commencing 1 September 2014

Note: The regulations comprise:

(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

(c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

Subdivision 202.CB.1.1General

202.260  Application of Division 202.CB.1—balloons excluded

  This Division does not apply in relation to an old authorisation for a balloon.

202.261  Definitions for Division 202.CB.1

  In this Division:

amendments means:

 (a) the amendments of these Regulations made by:

 (i) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

 (ii) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

 (iii) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014; and

 (b) the amendments of the following commencing immediately before the commencement of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1):

 (i) Civil Aviation Order 29.6;

 (ii) Civil Aviation Order 29.10;

 (iii) Civil Aviation Order 29.11; and

 (c) the amendments of Civil Aviation Order 82.6 commencing on 1 September 2014.

approved course of training: see regulation 61.010.

Certificate IV in Training and Assessment: see regulation 61.010.

cessation time, for an old authorisation that is continued in force under this Division, means the earliest of the following:

 (a) when the old authorisation expires or is surrendered or cancelled;

 (b) when CASA grants a new authorisation to the holder of the old authorisation as a replacement for the old authorisation;

 (c) the end of 31 August 2018.

continued authorisation means an old authorisation that is continued in force under subregulation 202.263(1) or subparagraph 202.264(2)(b)(ii).

new authorisation means a flight crew licence, rating or endorsement granted under Part 61.

old authorisation:

 (a) means a civil aviation authorisation to carry out an activity essential to, or associated with, the operation of an aircraft in flight (a flight activity) issued under either of the following before 1 September 2014:

 (i) Part 5 of CAR;

 (ii) a relevant CAO; and

 (b) includes the following:

 (i) an appointment as an approved person under a relevant CAO for a flight activity;

 (ii) an approval or certification, including a certification in a personal log book, under CAR or a relevant CAO to carry out a flight activity;

 (iii) a delegation under CAR to give a permission (however described) to conduct a flight activity.

relevant CAO means any of the following:

 (a) a Civil Aviation Order made under Part 5 of CAR;

 (b) Civil Aviation Order 29.6;

 (c) Civil Aviation Order 29.10;

 (d) Civil Aviation Order 29.11;

 (e) Civil Aviation Order 82.6.

timelimited authorisation: see regulation 11.015.

202.262  Application of Division 202.CB.1 to student pilot licences

 (1) This Division applies to a student pilot licence issued under Part 5 of CAR only if the holder of the licence passed a general flying progress test under Part 5 of CAR before 1 September 2014.

 (2) For this Division, the student pilot licence is taken to be equivalent to a recreational pilot licence.

Subdivision 202.CB.1.2Continued authorisations

202.263  Continuation of old authorisations

 (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 is continued in force on and after 1 September 2014 according to its terms.

 (2) Part 61 applies to the continued authorisation as if it were the equivalent new authorisation.

 (2A) For subregulation (2), if the old authorisation is an aircraft endorsement for a type of aircraft for which there is no equivalent pilot type rating, the aircraft endorsement is taken to be equivalent to a class rating for the class of aircraft that includes the type of aircraft.

 (3) The continued authorisation ceases to be in force at its cessation time.

 (4) Subregulation (3) applies despite Parts 11 and 61.

202.264  Continuation of suspended old authorisations

 (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014.

 (2) Despite the amendments:

 (a) the suspension continues according to its terms on and after 1 September 2014; and

 (b) if the suspension ends before the cessation time for the authorisation:

 (i) the old authorisation comes back into force at the end of the suspension; and

 (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and

 (iii) Part 61 applies to the old authorisation as if it were the equivalent new authorisation; and

 (iv) the old authorisation ceases to be in force at its cessation time.

 (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 61.

202.265  Nonfinalised action to vary, suspend or cancel old authorisations

  Action to vary, suspend or cancel a person’s old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person’s continued authorisation.

202.266  Removal of conditions on certain continued authorisations

Pilot licence conditions about airspace

 (1) Subregulation (2) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations are limited to:

 (a) flight within 25 nautical miles of the departure aerodrome; or

 (b) flight within a flight training area; or

 (c) flight direct between the departure aerodrome and a flight training area.

 (2) If this subregulation applies, CASA must remove the condition if:

 (a) the licence holder applies to CASA, in writing, for the removal of the condition; and

 (b) the licence holder meets the requirements for the grant of a private pilot licence or commercial pilot licence under Part 61.

 (3) Subregulation (4) applies to a continued authorisation that is equivalent to a pilot licence if the authorisation is subject to the condition that operations as pilot in command are limited to uncontrolled airspace and any other class of airspace endorsed in the licence holder’s personal log book by an instructor before 1 September 2014.

 (4) If this subregulation applies, CASA must remove the condition if:

 (a) the licence holder applies to CASA, in writing, for the removal of the condition; and

 (b) the licence holder meets the requirements for the grant of a controlled airspace endorsement under Part 61.

Instrument rating conditions about acting as pilot in command under IFR

 (5) Subregulation (6) applies to a continued authorisation that is equivalent to an instrument rating if the authorisation is subject to the condition that the holder is not authorised to act as pilot in command under the IFR.

 (6) If this subregulation applies, CASA must remove the condition, to the extent that it relates to a particular aircraft category or class, if:

 (a) the holder applies to CASA, in writing, for the removal of the condition; and

 (b) the holder meets the requirements for the grant, under Part 61, of:

 (i) an instrument rating; and

 (ii) an instrument endorsement that would authorise the holder to pilot an aircraft of that category or class under the IFR.

Type rating conditions about acting as pilot in command

 (7) Subregulation (8) applies to a continued authorisation that is equivalent to an aircraft type rating if the authorisation is subject to the condition that the holder must not act as pilot in command of the relevant aircraft type.

 (8) If this subregulation applies, CASA must remove the condition if:

 (a) the holder applies to CASA, in writing, for the removal of the condition; and

 (b) the holder meets the requirements for the grant of the type rating under Part 61.

 (9) In this regulation:

instructor: see regulation 61.010.

pilot licence: see regulation 61.010.

202.267  Flight review and proficiency check requirements

 (1) Subregulation (2) applies to the holder of a continued authorisation at a particular time if:

 (a) the continued authorisation is equivalent to a private instrument rating; and

 (b) the holder would have met the flight review requirements for the continued authorisation at that time if the amendments had not been made.

 (2) Despite Part 61, the holder is taken to meet the flight review requirements for the continued authorisation at that time.

 (3) Subregulation (4) applies to the holder of a continued authorisation (the first authorisation) at a particular time if:

 (a) the first authorisation is equivalent to a rating, other than a private instrument rating, for which there are flight review requirements under Part 61; and

 (b) the holder also holds a continued authorisation (the second authorisation), other than a student pilot licence, that is equivalent to a flight crew licence; and

 (c) the holder would have met the flight review requirements for the second authorisation at that time if the amendments had not been made.

 (4) Despite Part 61, the holder is taken to meet the flight review requirements for the first authorisation at that time.

 (5) Subregulation (6) applies at a particular time if:

 (a) an old authorisation that is continued in force under this Division was, before the amendments, a timelimited authorisation; and

 (b) the old authorisation would have remained in force at that time if the amendments had not been made.

 (6) Despite Part 61, the holder of the old authorisation is taken to meet the proficiency check requirements for the equivalent new authorisation at that time.

202.268  Removal of limitation on exercise of privileges of private or commercial pilot licences—multicrew operations

 (1) Regulation 61.510 does not apply to the holder of a continued authorisation that is equivalent to a private pilot licence if, before 1 September 2015, the holder conducted a multicrew operation.

 (2) Regulation 61.575 does not apply to the holder of a continued authorisation that is equivalent to a commercial pilot licence if, before 1 September 2015, the holder conducted a multicrew operation.

Note: Under regulations 61.510 and 61.575, a licence holder is authorised to exercise the privileges of the licence only if the holder has completed an approved course of training in multicrew cooperation.

202.268A  Removal of limitation on exercise of privileges of class rating for aircraft prescribed under regulation 61.062

  Regulation 61.747 does not apply to the holder of a continued authorisation that is equivalent to a class rating if:

 (a) the holder held an aircraft endorsement, for an aircraft covered by the class rating, that was in force immediately before 1 September 2014; and

 (b) the endorsement was for a type of aircraft prescribed in an instrument under regulation 61.062.

202.269  Personal log books under regulation 5.51 of CAR—certain continued authorisations

 (1) This regulation applies to the holder of a continued authorisation that is equivalent to:

 (a) a flight crew licence; or

 (b) a certificate of validation for a flight crew licence.

 (2) Regulation 61.355 (Retention of personal logbooks) applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014.

 (3) Regulation 61.365 (Production of personal logbooks) applies to the holder as if a reference to the holder’s personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014.

202.270  Extended meaning of licence document in Part 61

 (1) This regulation applies to the holder of a continued authorisation.

 (2) A reference to a licence document in Part 61 is taken to include a reference to the document issued to the holder by CASA showing the authorisations that were granted to the holder before 1 September 2014 under:

 (a) Part 5 of CAR; or

 (b) a relevant CAO.

202.271  Expiry of Subdivision 202.CB.1.2 at end of 31 August 2018

  This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

Subdivision 202.CB.1.3New authorisations for holders of continued authorisations

202.272  Grant of equivalent new authorisations

 (1) Despite Parts 11 and 61, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of the equivalent new authorisation.

 (1A) However, the holder of a continued aircraft endorsement is taken to meet the requirements for the grant of the equivalent aircraft class or type rating only if the holder also holds a continued authorisation that is equivalent to a flight crew licence.

 (2) Unless the continued authorisation is sooner cancelled under these Regulations, CASA must, under the provision of Part 61 that provides for the grant of the authorisation, before 1 September 2018:

 (a) grant the equivalent new authorisation to the holder; and

 (b) issue a new licence document to the holder indicating that the holder holds the equivalent new authorisation.

 (3) If, when CASA grants the new authorisation, the continued authorisation is under suspension, the new authorisation is suspended until the time the suspension of the continued authorisation would, according to its terms, have ended.

 (4) If, when CASA grants the new authorisation, the continued authorisation is subject to a condition, other than a condition set out in a relevant CAO, the new authorisation must be granted subject to an equivalent condition.

Limitation on exercise of privileges of helicopter grade 2 training endorsements

 (5) Despite subregulation (1), the holder of a grade 2 training endorsement (helicopter) that is granted in accordance with subregulation (2) is authorised to conduct the activities mentioned in column 2 of item 2 of table 61.1235 only if the holder meets the requirements mentioned in column 3 of the item.

202.273  Expiry of Subdivision 202.CB.1.3 at end of 31 August 2018

  This Subdivision, and the entries for this Subdivision in the Part 202 table of contents, expire at the end of 31 August 2018 is if they had been repealed by another regulation.

Subdivision 202.CB.1.4Other provisions

202.274  Nonfinalised applications for old authorisations

 (1) An application for the issue of an old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be an application for the grant of the equivalent new authorisation.

 (2) For subregulation (1), and despite Parts 11 and 61, if a person met the requirements for the grant of an old authorisation before 1 September 2014, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of the equivalent new authorisation on 1 September 2014.

 (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

202.275  Eligibility for ratings—former holders of timelimited authorisations

 (1) This regulation applies to a person if:

 (a) before 1 September 2014, the person held an old authorisation that is equivalent to an operational rating (other than a flight examiner rating); and

 (b) the old authorisation was timelimited; and

 (c) the old authorisation expired before 1 September 2014.

 (2) Despite Parts 11 and 61, the person is taken to meet the requirements for the grant of the equivalent operational rating.

 (3) In this regulation:

operational rating: see regulation 61.010.

 (4) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

202.276  Flight review and proficiency check requirements for certain new authorisations

 (1) Subregulation (2) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if:

 (a) the new authorisation has flight review requirements; and

 (b) the holder would have met the flight review requirements for the equivalent continued authorisation if it were still in force at that time.

 (2) Despite Part 61, the holder is taken to meet the flight review requirements for the new authorisation at that time.

 (2A) To avoid doubt, the holder of an aircraft class rating or type rating granted on the basis of regulation 202.272 must meet the flight review requirements for the rating under Part 61.

 (3) Subregulation (4) applies at a particular time to the holder of a new authorisation granted on the basis of regulation 202.272 if:

 (a) the new authorisation has proficiency check requirements; and

 (b) the new authorisation is equivalent to an old authorisation that was a timelimited authorisation; and

 (c) the old authorisation would not have expired by that time if the amendments had not been made.

 (4) Despite Part 61, the holder is taken to meet the proficiency check requirements for the new authorisation at that time.

 (5) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

202.277  Personal log books under regulation 5.51 of CAR—certain new authorisations

 (1) This regulation applies to the holder of:

 (a) a flight crew licence; or

 (b) a certificate of validation for a flight crew licence;

granted on the basis of regulation 202.272.

 (2) Regulation 61.355 (Retention of personal logbooks) applies to the holder as if a reference to a personal logbook under regulation 61.345 or 61.350 included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014.

 (3) Regulation 61.365 (Production of personal logbooks) applies to the holder as if a reference to the holder’s personal logbook included a reference to the personal logbook that the holder was required to keep under regulation 5.51 of CAR as in force immediately before 1 September 2014.

202.277A  Grant of private pilot licence with helicopter category rating on basis of old requirements

 (1) An applicant for a private pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.515(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.87(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.

 (2) For subregulation (1):

 (a) CASA may set and conduct a private pilot (helicopter) licence flight test; and

 (b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:

 (i) continues in force; and

 (ii) may be amended as if that regulation had not been repealed; and

 (c) regulation 5.93 of CAR, as in force immediately before 1 September 2014, continues in force.

 (3) This regulation is repealed at the end of 31 August 2018.

202.277B  Grant of commercial pilot licence with helicopter category rating on basis of old requirements

 (1) An applicant for a commercial pilot licence with a helicopter category rating is taken to meet the requirements of paragraphs 61.580(2)(b), (c) and (d) if the applicant meets the requirements mentioned in paragraphs 5.120(1)(d), (e) and (f) of CAR, as in force immediately before 1 September 2014.

 (2) For subregulation (1):

 (a) CASA may set and conduct a commercial pilot (helicopter) licence flight test; and

 (b) the helicopter syllabus published under regulation 5.59 of CAR, as in force immediately before 1 September 2014:

 (i) continues in force; and

 (ii) may be amended as if that regulation had not been repealed; and

 (c) regulation 5.127 of CAR, as in force immediately before 1 September 2014, continues in force.

 (3) This regulation is repealed at the end of 31 August 2018.

202.277C  English competency for certain holders of student pilot licences

 (1) Subregulation (2) applies to a person who:

 (a) held a student pilot licence immediately before 1 September 2014; and

 (b) had not passed a general flying progress flight test under Part 5 of CAR before that day.

 (2) The person is taken to have been assessed by CASA as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards.

202.278  Grant of pilot type ratings on basis of overseas training and assessment

 (1) An applicant for a pilot type rating is taken to meet the requirements of subregulation 61.810(3) (Requirements for grant of pilot type ratings) if CASA is satisfied that:

 (a) the applicant has completed training, conducted by a training provider that is authorised by the national aviation authority of a recognised foreign State to conduct the training, for the grant of an overseas rating; and

 (b) the applicant has been assessed, by a person who is authorised by the national aviation authority of the recognised foreign State to conduct the assessment, as meeting the flight test standard for the grant of the overseas rating; and

 (c) the training meets the standards specified in the Part 61 Manual of Standards for training for the rating; and

 (d) the overseas rating is at least equivalent to the rating.

 (2) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

202.279  Instrument proficiency checks partially conducted by foreignauthorised person

 (1) This regulation applies in relation to:

 (a) an instrument proficiency check mentioned in paragraph 61.650(3)(d) or (e) for the holder of a multicrew pilot licence; and

 (b) an instrument proficiency check mentioned in paragraph 61.695(3)(d) or (e) for the holder of an air transport pilot licence; and

 (c) an instrument proficiency check mentioned in paragraph 61.880(3)(e) or (f) for the holder of an instrument rating.

 (2) The holder is taken to have successfully completed the instrument proficiency check if:

 (a) a person who is authorised by the national aviation authority of a recognised State to conduct an instrument proficiency check (however named) conducts a check of the holder; and

 (b) the check meets the authority’s flight standards for a proficiency check; and

 (c) CASA or a flight examiner:

 (i) assesses the holder against the knowledge standards mentioned in the Part 61 Manual of Standards for the instrument proficiency check; and

 (ii) is satisfied that the holder meets the knowledge standards; and

 (iii) endorses the holder’s licence document to the effect that the holder has completed the instrument proficiency check.

 (3) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

202.281  Expiry of Division 202.CB.1 at end of 31 August 2025

  This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2025 as if they had been repealed by another regulation.

Subpart 202.CETransitional provisions for Part 64 (Authorisations for nonlicensed personnel)

Division 202.CE.1Amendments made by regulations commencing 1 September 2014

Note: The regulations comprise:

(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

(c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

Subdivision 202.CE.1.1Aircraft radiotelephone operator certificate of proficiency

202.300  Definitions for Subdivision 202.CE.1.1

  In this Subdivision:

aeronautical radio operator certificate: see regulation 64.010.

amendments means the amendments made by:

 (a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

 (b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

 (c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

cessation time, for an old authorisation that is continued in force under this Subdivision, means the earliest of the following:

 (a) when the old authorisation expires or is surrendered or cancelled;

 (b) when CASA grants a new authorisation to the holder of the old authorisation as a replacement for the old authorisation;

 (c) the end of 31 August 2018.

continued authorisation means an old authorisation that is continued in force under subregulation 202.301(1) or subparagraph 202.302(2)(b)(ii).

old authorisation means:

 (a) a flight radio operator’s licence issued under Part 5 of CAR; or

 (b) an aircraft radiotelephone operator certificate of proficiency issued under regulation 83A of CAR.

202.301  Continuation of old authorisations

 (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 is continued in force on and after 1 September 2014 according to its terms.

 (2) These Regulations apply to the continued authorisation as if the authorisation were an aeronautical radio operator certificate.

 (3) The continued authorisation ceases to be in force at its cessation time.

 (4) Subregulation (3) applies despite Parts 11 and 64.

202.302  Continuation of suspended old authorisations

 (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014.

 (2) Despite the amendments:

 (a) the suspension continues according to its terms on and after 1 September 2014; and

 (b) if the suspension ends before the cessation time for the authorisation:

 (i) the old authorisation comes back into force at the end of the suspension; and

 (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and

 (iii) these Regulations apply to the old authorisation as if it were an aeronautical radio operator certificate; and

 (iv) the old authorisation ceases to be in force at the cessation time for the authorisation.

 (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 64.

202.303  Nonfinalised action to vary, suspend or cancel old authorisations

  Action to vary, suspend or cancel a person’s old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person’s continued authorisation.

202.304  Grant of aeronautical radio operator certificates

 (1) Despite Parts 11 and 64, the holder of a continued authorisation is taken to have applied for, and to meet the requirements for, the grant of an aeronautical radio operator certificate.

 (1A) However, the holder is not taken to have applied for the grant of an aeronautical radio operator certificate if, under regulation 202.272, the holder is taken to have applied for, and met the requirements for, the grant of a flight crew licence under Part 61.

 (2) Unless the continued authorisation is sooner cancelled under these Regulations, CASA must, under regulation 64.030, before 1 September 2018:

 (a) grant an aeronautical radio operator certificate to the holder; and

 (b) issue a new document to the holder, indicating that the holder holds the aeronautical radio operator certificate.

 (3) If, when CASA grants the new authorisation, the continued authorisation is under suspension, the aeronautical radio operator certificate is suspended until the time the suspension of the continued authorisation would, according to its terms, have ended.

 (4) If, when CASA grants the new authorisation, the continued authorisation is subject to a condition, the aeronautical radio operator certificate must be granted subject to an equivalent condition.

202.305  Nonfinalised applications for old authorisations

 (1) An application for the issue of an old authorisation that, immediately before 1 September 2014, had not been finally decided is taken to be an application for the grant of an aeronautical radio operator certificate.

 (2) For subregulation (1), and despite Parts 11 and 64, if a person met the requirements for the grant of an old authorisation before 1 September 2014, but the old authorisation had not been granted, the person is taken to meet the requirements for the grant of an aeronautical radio operator certificate on 1 September 2014.

Subdivision 202.CE.1.2Approval to taxi an aeroplane

202.307  Definitions for Subdivision 202.CE.1.2

  In this Subdivision:

amendments means:

 (a) the amendments of these Regulations made by:

 (i) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

 (ii) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

 (iii) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014; and

 (b) the amendments of Civil Aviation Order 20.22 commencing on 1 September 2014.

certificate of competency: see regulation 64.010.

cessation time, for an old authorisation that is continued in force under this Subdivision, means the earlier of the following:

 (a) when the old authorisation expires or is surrendered or cancelled;

 (b) the end of 31 August 2018.

continued authorisation means an old authorisation that is continued in force under subregulation 202.308(1) or subparagraph 202.309(2)(b)(ii).

old authorisation means:

 (a) an approval issued under regulation 229 of CAR entitling a person to taxi an aeroplane; or

 (b) an approval issued under Civil Aviation Order 20.22 entitling a person to taxi an aircraft.

202.308  Continuation of old authorisations

 (1) Despite the amendments, an old authorisation that was in force immediately before 1 September 2014 continues in force on and after 1 September 2014 according to its terms.

 (2) These Regulations apply to the continued authorisation as if the authorisation were a certificate of competency.

 (3) The continued authorisation ceases to be in force at its cessation time.

 (4) Subregulation (3) applies despite Parts 11 and 64.

202.309  Continuation of suspended old authorisations

 (1) This regulation applies to an old authorisation that was under suspension immediately before 1 September 2014.

 (2) Despite the amendments:

 (a) the suspension continues according to its terms on and after 1 September 2014; and

 (b) if the suspension ends before the cessation time for the authorisation:

 (i) the old authorisation comes back into force at the end of the suspension; and

 (ii) the old authorisation is continued in force on and after the time mentioned in subparagraph (i) according to its terms; and

 (iii) these Regulations apply to the old authorisation as if it were a certificate of competency; and

 (iv) the old authorisation ceases to be in force at the cessation time for the authorisation.

 (3) Subparagraph (2)(b)(iv) applies despite Parts 11 and 64.

202.310  Nonfinalised action to vary, suspend or cancel old authorisations

  Action to vary, suspend or cancel a person’s old authorisation that, immediately before 1 September 2014, had not been finally determined is taken to be the same action in relation to the person’s continued authorisation.

202.311  Production of continued authorisation

 (1) This regulation applies to the holder of an old authorisation that is continued in force under this Subpart.

 (2) Regulation 64.060 (Production of certificate of competency) applies to the holder as if a reference to the holder’s certificate of competency were a reference to the holder’s old authorisation.

Subdivision 202.CE.1.3Expiry of Division 202.CE.1

202.312  Expiry of Division 202.CE.1 at end of 31 August 2018

  This Division, and the entries for this Division in the Part 202 table of contents, expire at the end of 31 August 2018 as if they had been repealed by another regulation.

Subpart 202.CFTransitional provisions for Part 65 (Air traffic services licensing)

 

202.320  Manual of Standards for Part 65

 (1) A document called ‘Manual of Standards (MOS) Part 65’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 65.033.

 (2) The procedures in regulations 65.033A, 65.033B and 65.033C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

202.321  Persons holding certain licences

 (1) In this regulation:

old licence means an air traffic controller licence or a flight service officer licence issued under CAR and in force (or suspended) immediately before 1 May 2003.

 (2) A person who, immediately before 1 May 2003, held an old licence (including a licence that is suspended) is taken to hold a corresponding licence issued under Part 65.

 (3) A rating, endorsement or qualification endorsed on an old licence is taken to continue in force for the period during which it would have been in force but for that Part.

 (4) A licence that a person is taken to hold under subregulation (2), or a rating, endorsement or qualification mentioned in subregulation (3), may be suspended or cancelled as if it had been granted under that Part.

 (5) An old licence that, immediately before 1 May 2003, was suspended is taken, on and after that day, to continue to be suspended.

 (6) For the purposes of action against the holder of an old licence mentioned in subregulation (5), the amendments of CAR by regulation 4 of, and Schedule 2 to, the Civil Aviation Amendment Regulations 2002 (No. 2) are to be disregarded.

Subpart 202.CGTransitional provisions for Part 66 (Continuing airworthinessaircraft engineer licences and ratings)

 

202.340  Having regard to other airworthiness authorities in granting aircraft engineer licences

  If:

 (a) a person holds, or has held, an airworthiness authority of the kind mentioned in paragraph 33B(1)(a) of CAR; and

 (b) CASA grants an aircraft engineer licence to the person;

CASA must have regard to the authority in granting the licence.

202.341  Category A licence holders and certification of completion of maintenance

 (1) Despite anything in Part 4A of CAR, a person may certify completion of maintenance if:

 (a) the person is a category A licence holder; and

 (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and

 (c) the person certifies completion of the maintenance:

 (i) in accordance with regulation 42ZE of CAR; and

 (ii) on behalf of a holder of a certificate of approval under regulation 30 of CAR.

 (2) If a person certifies completion of maintenance in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance.

 (3) A person commits an offence of strict liability if:

 (a) the person is a category A licence holder; and

 (b) the person certifies completion of maintenance:

 (i) in accordance with regulation 42ZE of CAR; and

 (ii) on behalf of a holder of a certificate of approval under regulation 30 of CAR; and

 (c) one or more of the following apply:

 (i) the person did not carry out the maintenance;

 (ii) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards.

Penalty: 50 penalty units.

 (4) A reference in subregulation (3) to maintenance does not include supervision of maintenance.

202.342  Category A licence holders and final certificates for completion of maintenance

 (1) Despite anything in Part 4A of CAR, a person may issue a final certificate for completion of maintenance for an aircraft in relation to maintenance carried out on the aircraft if:

 (a) the person is a category A licence holder; and

 (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and

 (c) he or she issues the final certificate for completion of maintenance:

 (i) in accordance with Part 4 of Schedule 6 of CAR; and

 (ii) on behalf of the holder of a certificate of approval under regulation 30 of CAR.

 (2) If a person issues a final certificate for completion of maintenance in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance.

 (3) A person commits an offence of strict liability if:

 (a) the person is a category A licence holder; and

 (b) the person issues a final certificate for completion of maintenance:

 (i) in accordance with Part 4 of Schedule 6 of CAR; and

 (ii) on behalf of the holder of a certificate of approval under regulation 30 of CAR; and

 (c) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards.

Penalty: 50 penalty units.

 (4) A reference in subregulation (3) to maintenance does not include supervision of maintenance.

202.343  Category A licence holders and endorsing maintenance releases

 (1) Despite anything in Part 4A of CAR, a person may endorse a maintenance release for an aircraft for the purposes of regulation 48 of CAR if:

 (a) the person is a category A licence holder; and

 (b) the maintenance is mentioned in Appendix II to the Part 145 Manual of Standards; and

 (c) the endorsement is on behalf of the holder of a certificate of approval under regulation 30 of CAR.

 (2) If a person endorses a maintenance release in accordance with subregulation (1), the person is taken, for the purposes of regulation 42ZC of CAR, to be permitted by that regulation to carry out the maintenance.

 (3) A person commits an offence of strict liability if:

 (a) the person is a category A licence holder; and

 (b) the person endorses a maintenance release on behalf of the holder of a certificate of approval under regulation 30 of CAR; and

 (c) the maintenance is not mentioned in Appendix II to the Part 145 Manual of Standards.

Penalty: 50 penalty units.

202.345  Transitional arrangements for category B1 and B2 licence holders

 (1) Despite regulation 66.025, CASA may grant a category B1 or B2 licence to a person if the person meets the requirements prescribed by the Part 66 Manual of Standards for the purposes of this subregulation.

 (2) If CASA grants a licence under this regulation, the licence is taken, for the purposes of the civil aviation legislation, to be a licence granted under regulation 66.025.

 (3) This regulation is repealed on 3 July 2020.

202.355  Validation of certain licences and ratings granted subject to exclusions during relevant period

 (1) This regulation applies to a licence granted, or purportedly granted, under regulation 66.026, or to a rating granted, or purportedly granted, under regulation 66.095, if the licence or rating was granted, or purportedly granted:

 (a) during the relevant period; and

 (b) subject to an exclusion that did not relate to a type rated aircraft type.

 (2) The licence or rating is valid and effective, and is taken always to have been as valid and effective, as it would have been if the amendments made by the Civil Aviation Legislation Amendment (Miscellaneous Measures) Regulation 2016 had been in force during the relevant period.

 (3) Any act or thing done under the licence or rating is valid and effective, and is taken always to have been as valid and effective, as it would have been if the amendments made by the Civil Aviation Legislation Amendment (Miscellaneous Measures) Regulation 2016 had been in force during the relevant period.

 (4) In this regulation:

relevant period means the period:

 (a) beginning at the start of 4 July 2016; and

 (b) ending at the commencement of the Civil Aviation Legislation Amendment (Miscellaneous Measures) Regulation 2016.

Subpart 202.CHTransitional provisions for Part 67 (Medical)

 

202.360  Medical certificates issued under Civil Aviation Regulations 1988

 (1) A medical certificate or special medical certificate issued before 3 September 2003, under Part 6 of CAR, as in force at any time before that day, continues to have, on and after that day, the same force and effect as it would have had if that Part had continued in force.

 (2) Such a certificate may be suspended or cancelled under Part 67.

 (3) Subject to subregulation (4), such a certificate expires at the time it would have expired if Part 6 of CAR had continued in force.

 (4) The period during which such a certificate is in force may be extended under Part 67, but not beyond the end of 1 year after the day when the certificate would expire if the period had not been extended.

202.361  Designated aviation medical examiners appointed under Civil Aviation Regulations 1988

 (1) The appointment of a person, before 3 September 2003, as a designated aviation medical examiner continues to have effect according to its terms.

 (2) Such an appointment may be cancelled in accordance with Part 67.

202.362  Actions by Director of Aviation Medicine

 (1) In this regulation:

Principal Medical Officer means the officer of CASA occupying, or performing the duties of, the position in CASA of that title, and includes a person who occupied, or performed the duties of, the former position in CASA known as ‘Director of Aviation Medicine’.

 (2) An approval given by the Principal Medical Officer, before 3 September 2003, for the purposes of a provision of Schedule 1 to CAR, as in force at any time before that day, continues to have effect according to its terms, on and after that day, as if CASA had given the approval for the purposes of the corresponding provision of table 67.150, table 67.155 or table 67.160.

202.363  Applications for issue of medical certificates pending on 3 September 2003

 (1) This regulation applies if:

 (a) an application under Part 6 of the old regulations for the issue of a medical certificate was pending immediately before 3 September 2003; and

 (b) the application was in accordance with that Part as then in force.

 (2) The application is taken, for these Regulations, to be an application for the issue of the medical certificate, made, on 3 September 2003, in accordance with Subpart 67.C.

 (3) If an examination required for the issue of the medical certificate under Part 6 of the old regulations had commenced but was not completed before 3 September 2003, the examination is taken to have commenced under Subpart 67.C.

 (4) In this regulation:

old regulations means CAR as in force at any time before 3 September 2003.

Subpart 202.DATransitional provisions for Part 71 (Airspace)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.380 to 202.399 are reserved for use in this Subpart.

 

Subpart 202.EATransitional provisions for Part 90 (Additional airworthiness requirements)

 

202.400  Transitional provision—Part 90 Manual of Standards

 (1) This regulation applies to the Part 90 Manual of Standards that was in force under regulation 90.020 immediately before the day the Civil Aviation Safety Amendment (Part 90) Regulations 2017 commence.

 (2) The Part 90 Manual of Standards has effect on and after that day as if it had been made under regulation 90.020 as amended by the Civil Aviation Safety Amendment (Part 90) Regulations 2017.

Subpart 202.EBTransitional provisions for Part 91 (General operating and flight rules)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.420 to 202.439 are reserved for use in this Subpart.

 

Subpart 202.ECTransitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)

 

202.440  Approval of certain training courses and instructors

 (1) Subregulations (2) and (3) have effect if the GovernorGeneral has made regulations that will amend CASR to require the approval of:

 (a) courses of training in relation to dangerous goods; and

 (b) instructors to give such courses;

and those regulations have been registered but have not come into force.

 (2) CASA may approve such a course of training, or such an instructor, for the purposes of CASR as so to be amended.

 (3) Such an approval may be expressed to be for the purposes of a provision of CASR as so to be amended.

 (4) Such an approval given before the amending regulations come into force is not, after those regulations come into force, ineffective only because it was given before those regulations came into force.

Subpart 202.FATransitional provisions for Part 101 (Unmanned aircraft and rockets)

Division 202.FA.1Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016

202.455  Definition of commencement date for Division 202.FA.1

  In this Division:

commencement date means the day on which the Civil Aviation Legislation Amendment (Part 101) Regulation 2016 commences.

202.460  Transitional—approved areas for UAVs

Applications for approved areas for UAVs—if made but not finally determined before commencement date

 (1) Subregulation (2) applies if, before the commencement date:

 (a) a person applied for the approval of an area as an area for the operation of UAVs under regulation 101.030; and

 (b) the application had not been finally determined by CASA.

 (2) The application is taken, on and after the commencement date, to be an application for the approval of an area for the operation of RPA under regulation 101.030.

Approved areas for UAVs immediately before the commencement date

 (3) An approval of an area as an area for the operation of UAVs under regulation 101.030 that was in force immediately before the commencement date is taken, on and after that date, to be an approval of the area as an area for the operation of RPA under regulation 101.030 subject to the same terms and conditions.

202.461  Transitional—UAV controllers

Applications for certification as UAV controller—if made but not finally determined before commencement date

 (1) Subregulation (2) applies if, before the commencement date:

 (a) a person applied for certification as a UAV controller under regulation 101.290; and

 (b) the application had not been finally determined by CASA.

 (2) The application is taken, on and after the commencement date, to be an application for a remote pilot licence under regulation 101.290.

Certified UAV controllers

 (3) If, immediately before the commencement date, a person was certified as a UAV controller under regulation 101.295, the certification has effect on and after that date as if it were a remote pilot licence granted under regulation 101.295.

 (4) Any condition to which the certification was subject immediately before the commencement date continues in force as a condition of the licence.

Nonfinalised action to vary, suspend or cancel certification of UAV controller

 (5) Action to vary, suspend or cancel the certification of a person as a UAV controller that, immediately before the commencement date, had not been finally determined, is taken to be action to vary, suspend or cancel the person’s remote pilot licence.

202.462  Transitional—UAV operators

Applications for certification as UAV operator—if made but not finally determined before commencement date

 (1) Subregulation (2) applies if, before the commencement date:

 (a) a person applied for certification as a UAV operator under regulation 101.330; and

 (b) the application had not been finally determined by CASA.

 (2) The application is taken, on and after the commencement date, to be an application for certification as an RPA operator under regulation 101.330.

Certification of UAV operators immediately before commencement date

 (3) The certification of a person as a UAV operator under regulation 101.335 that was in force immediately before the commencement date is taken, on and after that date, to be a certification of the person as an RPA operator under regulation 101.335 subject to the same terms and conditions.

Nonfinalised action to vary, suspend or cancel certification of UAV operator

 (4) Action to vary, suspend or cancel the certification of a person as a UAV operator that, immediately before the commencement date, had not been finally determined is taken to be the same action in relation to the certification of the person as an RPA operator.

Subpart 202.FCTransitional provisions for Part 103 (Sport and recreational aviation operations)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.480 to 202.499 are reserved for use in this Subpart.

 

Subpart 202.FETransitional provisions for Part 105 (Sport and recreational parachuting from aircraft)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.500 to 202.519 are reserved for use in this Subpart.

 

Subpart 202.FJTransitional provisions for Part 115 (Operations using sport aviation aircraft for nonrecreational activities)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.520 to 202.539 are reserved for use in this Subpart.

 

Subpart 202.FLTransitional provisions for Part 119 (Air operator certificationair transport)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.540 to 202.559 are reserved for use in this Subpart.

 

Subpart 202.FNTransitional provisions for Part 121A (Air transport operationslarge aeroplanes)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.560 to 202.579 are reserved for use in this Subpart.

 

Subpart 202.FOTransitional provisions for Part 121B (Air transport operationssmall aeroplanes)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.580 to 202.599 are reserved for use in this Subpart.

 

Subpart 202.FRTransitional provisions for Part 129 (Foreign air transport operators—certification and operating requirements)

Division 202.FR.1Amendments made by the Civil Aviation Legislation Amendment (Part 129) Regulation 2015

202.600  AOCs authorising charter or regular public transport operations by foreign operators—if in force immediately before 20 April 2016

 (1) This regulation applies to an AOC if, immediately before 20 April 2016:

 (a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation); and

 (b) the AOC was in force.

 (2) While the AOC is in force, and subject to any changes to the AOC:

 (a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and

 (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation.

202.601  AOCs authorising charter or regular public transport operations by foreign operators—if under suspension immediately before 20 April 2016

 (1) This regulation applies to an AOC if, immediately before 20 April 2016:

 (a) the AOC authorised the flying or operation of an aircraft by a foreign operator for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the old operation); and

 (b) the AOC was under suspension in relation to the old operation.

 (2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC:

 (a) the AOC is taken to authorise the flying or operation of the aircraft for a foreign air transport operation that is equivalent to the old operation; and

 (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old operation are taken to apply to the foreign air transport operation.

202.602  Applications by foreign operators for AOCs authorising charter or regular public transport operations—if made but not finally determined before 20 April 2016

 (1) This regulation applies if, before 20 April 2016:

 (a) a foreign operator applied for an AOC authorising the flying or operation of an aircraft for a purpose mentioned in paragraph 206(1)(b) or (c) of CAR (the proposed operation); and

 (b) the application had not been finally determined by CASA.

 (2) The application is taken to be an application for an AOC for a foreign air transport operation that is equivalent to the proposed operation.

202.603  Repeal of Division 202.FR.1 at the start of 20 April 2018

  This Division is repealed at the start of 20 April 2018.

Subpart 202.FSTransitional provisions for Part 132 (Limited category aircraft)

Division 202.FS.1Amendments made by the Civil Aviation Legislation Amendment (Part 132) Regulation 2016

202.609  Definitions for Division 202.FS.1

  In this Division:

commencement time means the commencement of the Civil Aviation Legislation Amendment (Part 132) Regulation 2016.

202.610  Warning placards

 (1) This regulation applies to an aircraft for which a limited category certificate was in force immediately before the commencement time.

 (2) A placard that:

 (a) was fitted to the aircraft before the commencement time; and

 (b) bears the warning set out in subregulation 262AM(6) of CAR (as in force immediately before the commencement time);

is taken, on and after the commencement time, to comply with the Part 132 Manual of Standards.

202.611  Permit indexes assigned by CASA or Australian Warbirds Association Limited

 (1) This regulation applies if, immediately before the commencement time:

 (a) a limited category certificate for an aircraft was in force or under suspension; and

 (b) a permit index assigned to the aircraft under regulation 262AM of CAR by CASA or the Australian Warbirds Association Limited was in force.

 (2) The permit index is taken to be the permit index number for the aircraft.

 (3) The permit index number is taken to have been assigned to the aircraft under subregulation 21.176(5).

202.612  Limited category aircraft without permit index

Aircraft with limited category certificates in force

 (1) Subregulation (2) applies if, immediately before the commencement time:

 (a) a limited category certificate for an aircraft was in force; and

 (b) there was no permit index in force for the aircraft under regulation 262AM of CAR.

 (2) The administering authority for the aircraft must assign a permit index number to the aircraft in accordance with regulation 132.195.

Aircraft with limited category certificates under suspension

 (3) Subregulation (4) applies if, immediately before the commencement time:

 (a) a limited category certificate for an aircraft was under suspension; and

 (b) there was no permit index in force for the aircraft under regulation 262AM of CAR.

 (4) If the suspension is lifted, the administering authority for the aircraft must assign a permit index number to the aircraft in accordance with regulation 132.195.

Note: The administering authority must also reissue the limited category certificate for the aircraft, or an attachment to the certificate, so that the certificate or attachment includes the permit index number: see regulation 132.215.

202.613  Approval of major modifications and repairs

 (1) This regulation applies to an aircraft if, immediately before the commencement time:

 (a) a limited category certificate was in force for the aircraft; and

 (b) the certificate included operating historic or exmilitary aircraft in adventure style operations as a special purpose operation for the aircraft; and

 (c) the aircraft has a major modification or repair.

 (2) On and after the commencement time, the major modification or repair is taken to have been approved for the purposes of regulation 132.030.

202.614  Approval to carry more than 6 passengers

 (1) This regulation applies to an aircraft if, immediately before the commencement time, an approval under paragraph 262AM(4)(a) of CAR to carry a greater number of passengers than 6 was in force for the aircraft.

 (2) On and after the commencement time, the approval has effect as if it were an approval granted under regulation 132.035 for the purposes of paragraph 132.050(2)(d).

Subpart 202.FTTransitional provisions for Part 133 (Air transport and aerial work operationsrotorcraft)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.620 to 202.639 are reserved for use in this Subpart.

 

Subpart 202.FVTransitional provisions for Part 136 (Aerial work operationsother than those covered by Parts 133, 137, 138, 141 and 142)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.640 to 202.659 are reserved for use in this Subpart.

 

Subpart 202.FWTransitional provisions for Part 137 (Aerial agriculture operationsother than rotorcraft)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.660 to 202.679 are reserved for use in this Subpart.

 

Subpart 202.FXTransitional provisions for Part 138 (Search and rescue operations)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.680 to 202.699 are reserved for use in this Subpart.

 

Subpart 202.FYTransitional provisions for Part 139 (Aerodromes)

 

202.700  Definitions for this Subpart

  In this Subpart:

old regulations means CAR as in force immediately before 2 May 2003.

Rules and Practices for Aerodromes means the document called ‘Rules and Practices for Aerodromes’, published by CASA, as in force immediately before 2 May 2003.

transitional aerodrome licence means an aerodrome licence that is continued in force after 2 May 2003 by regulation 202.701 as if it were an aerodrome certificate granted under regulation 139.050.

202.701  Aerodrome licences issued under CAR

  An aerodrome licence in force under Part 9 of the old regulations immediately before 2 May 2003 continues in force on and after that day as if it were an aerodrome certificate granted under regulation 139.050.

202.702  Conditions of transitional aerodrome licences

  A transitional aerodrome licence remains subject to any conditions to which it was subject immediately before 2 May 2003 (including any condition to which the licence was subject under regulation 303 of CAR).

202.703  Duration of transitional aerodrome licences

  Despite regulation 139.065, a transitional aerodrome licence continues in force, unless sooner cancelled, until the earlier of the following:

 (a) CASA grants an aerodrome certificate in respect of the aerodrome under regulation 139.050;

 (b) 1 May 2006.

202.704  Previous aerodrome manuals and standards for aerodromes

 (1) This regulation applies to the operator of an aerodrome if the operator holds a transitional aerodrome licence for the aerodrome.

 (2) The operator is taken to satisfy the requirements of Division 139.B.2 of CASR if the operator has an aerodrome manual for the aerodrome that, immediately before 2 May 2003, satisfied the requirements of Part 9, Division 3 of the old regulations.

 (3) The operator is taken to comply with regulation 139.165 if the operator complies with any requirements or standards for the physical characteristics of the movement area of an aerodrome that:

 (a) are set out or referred to in the Rules and Practices for Aerodromes; and

 (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.

 (4) The operator is taken to comply with regulations 139.170, 139.190 and 139.195 if the operator complies with any requirements or standards for the marking and lighting of the movement area of an aerodrome that:

 (a) are set out or referred to in the Rules and Practices for Aerodromes; and

 (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.

 (5) The operator is taken to comply with regulations 139.175 and 139.180 if the operator complies with any requirements or standards for the signal area and wind direction indicators for an aerodrome that:

 (a) are set out or referred to in the Civil Aviation Orders; and

 (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.

 (6) The operator is taken to comply with regulation 139.355 if the operator complies with any requirements and standards for the establishment of obstacle limitation surfaces for an aerodrome that:

 (a) are set out or referred to in the Rules and Practices for Aerodromes; and

 (b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.

202.705  Exemptions

 (1) An exemption from a provision of Part 9 of the old regulations (the old provision) that:

 (a) was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and

 (b) was in effect immediately before 2 May 2003;

continues in force on and after that day as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision.

 (2) Any such exemption continues in force subject to any conditions to which it was subject immediately before that day.

 (3) In this regulation:

Manual of Standards has the meaning given by regulation 139.010.

Subpart 202.FYHTransitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)

 

202.710  Manual of Standards for Subpart 139.H

 (1) A document called ‘Manual of Standards (MOS) Subpart 139.H’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 139.712.

 (2) The procedures in regulations 139.712A, 139.712B and 139.712C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

Subpart 202.GATransitional provisions for Part 141 (Recreational, private and commercial pilot flight training, other than certain integrated training courses)

Division 202.GA.1Amendments made by regulations commencing 1 September 2014

Note: The regulations comprise:

(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

(c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

202.720  Definitions for Division 202.GA.1

  A term that is used in this Division has the same meaning in this Division as it has in Part 141.

202.721  AOCs and approvals under regulation 60.055 held immediately before 1 September 2014

 (1) This regulation applies if:

 (a) immediately before 1 September 2014, a person held an AOC authorising the holder to engage in flying training (the old training); and

 (b) the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (the new training).

 (2) This regulation also applies if:

 (a) before 1 September 2014, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device; and

 (b) the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training); and

 (c) immediately before 1 September 2014, the person held an approval under regulation 60.055 as a user of the simulator or device.

 (3) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training.

 (4) A Part 141 certificate issued to the person on the basis of subregulation (3) must be issued subject to the conditions of the person’s AOC or approval that relate to the old training.

 (5) A Part 141 certificate issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.722  AOCs and approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

 (1) This regulation applies if:

 (a) before 1 September 2014, a person held an AOC authorising the holder to engage in flying training (the old training); and

 (b) the old training is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship (the new training); and

 (c) immediately before 1 September 2014, the AOC was under suspension in relation to some or all of the old training (the suspended old training).

 (2) This regulation also applies if:

 (a) before 1 September 2014, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device; and

 (b) before 1 September 2014, the person conducted training (the old training) in the simulator or device; and

 (c) the old training is equivalent to Part 141 flight training conducted in a flight simulation training device (the new training); and

 (d) immediately before 1 September 2014, the approval was under suspension in relation to some or all of the old training (the suspended old training).

 (3) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the new training.

 (4) A Part 141 certificate issued to a person on the basis of subregulation (3):

 (a) must be issued subject to the conditions of the person’s AOC or approval that relate to the old training; and

 (b) is taken to have been suspended in relation to the new training that is equivalent to the suspended old training.

 (5) CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate.

 (6) A Part 141 certificate issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.723  Applications for AOCs and approvals under regulation 60.055 made but not finally determined before 1 September 2014

 (1) This regulation applies if, before 1 September 2014:

 (a) a person applied for an AOC that would have authorised the person to engage in flying training that is equivalent to Part 141 flight training conducted in an aeroplane, rotorcraft or airship; and

 (b) the application was not finally determined by CASA.

 (2) This regulation also applies if, before 1 September 2014:

 (a) a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device; and

 (b) the person intended to conduct training in the simulator or device that is equivalent to Part 141 flight training conducted in a flight simulation training device; and

 (c) the application was not finally determined by CASA.

 (3) CASA must determine whether CASA would have issued the AOC or approval to the person.

 (4) If CASA determines that CASA would have issued the AOC or approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 141.060 for the issue of, a Part 141 certificate that authorises the person to conduct the Part 141 flight training.

 (5) If CASA determines that CASA would not have issued the AOC or approval to the person, CASA must give the person written notice of:

 (a) the determination; and

 (b) the reasons for the determination.

 (6) A Part 141 certificate issued to the person on the basis of subregulation (4) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.724  Application of Part 141 to certain Part 141 operators—references to operations manual

 (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

 (2) Part 141 applies to the operator as if references in Part 141 to the operator’s operations manual were references to the following documents:

 (a) the operations manual the operator held immediately before 1 September 2014;

 (b) the operator’s dangerous goods manual (if any);

 (c) the operator’s training and checking manual (if any);

 (d) each document for which the operator holds an approval under these Regulations or the Civil Aviation Orders.

202.726  Application of Part 141 to certain Part 141 operators without Part 60 quality systems

 (1) This regulation applies if:

 (a) a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4); and

 (b) immediately before 1 September 2014, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

 (2) The operator does not contravene a provision of Part 141 only because the operator does not have a quality system.

202.727  Application of Part 141 to certain Part 141 operators—provisions that do not apply

 (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

 (2) A provision mentioned in table 202.727 does not apply to the operator.

 

Table 202.727—Part 141 provisions that do not apply

Item

Provision

1

regulations 141.080, 141.090 and 141.095

2

subparagraph 141.130(4)(b)(ii)

3

regulations 141.200 and 141.260

202.727A  Application of subregulation 141.085(3) (about applications for approval of significant changes)

 (1) This regulation applies if a Part 141 operator holds a Part 141 certificate that was issued on the basis of subregulation 202.721(3), 202.722(3) or 202.723(4).

 (2) The operator is taken to have applied to CASA for the approval of a significant change in accordance with subregulation 141.085(4) if the operator makes the application to CASA for the approval of a significant change:

 (a) in writing; and

 (b) setting out the change.

Note: Under this regulation, the requirement in paragraph 141.085(4)(c) does not apply to the operator.

202.728  References to standardisation and proficiency checks for instructors for certain Part 141 operators

 (1) This regulation applies if, immediately before 1 September 2014:

 (a) a Part 141 operator held an AOC that authorised the holder to engage in flying training; and

 (b) an instructor for the operator was engaged by the AOC holder to give flying training.

 (2) The instructor is taken to hold a valid standardisation and proficiency check for the operator under regulation 141.190 on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder’s chief flying instructor.

Note: See paragraph 9.10 of Civil Aviation Order 40.1.7 (in relation to standardisation and proficiency flight checks for aeroplanes) and paragraph 11.6 of Civil Aviation Order 40.3.7 (in relation to standardisation and proficiency flight checks for helicopters).

202.729  Repeal of this Division at end of 31 August 2018

  This Division is repealed at the end of 31 August 2018.

Subpart 202.GBTransitional provisions for Part 142 (Integrated and multicrew pilot flight training, contracted recurrent training and contracted checking)

Division 202.GB.1Amendments made by regulations commencing 1 September 2014

Note: The regulations comprise:

(a) the Civil Aviation Legislation Amendment Regulation 2013 (No. 1); and

(b) the Civil Aviation Legislation Amendment (Flight Crew Licensing and Other Matters) Regulation 2013; and

(c) the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014.

202.740  Definitions for Division 202.GB.1

  A term that is used in this Division has the same meaning in this Division as it has in Part 142.

202.741  AOCs authorising flying training—if in force immediately before 1 September 2014

 (1) This regulation applies to an AOC if, immediately before 1 September 2014:

 (a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and

 (b) the AOC was in force.

 (2) While the AOC is in force, and subject to any changes to the AOC:

 (a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and

 (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.

202.742  AOCs authorising flying training—if under suspension immediately before 1 September 2014

 (1) This regulation applies to an AOC if, immediately before 1 September 2014:

 (a) the AOC authorised the flying or operation of an aeroplane, rotorcraft or airship for flying training (the old training); and

 (b) the AOC was under suspension in relation to the old training.

 (2) If the suspension is lifted, then, while the AOC is in force, and subject to any changes to the AOC:

 (a) the AOC is taken to authorise the flying or operation of the aeroplane, rotorcraft or airship for Part 142 flight training that is equivalent to the old training; and

 (b) subject to any changes to the conditions of the AOC, any conditions of the AOC that relate to the old training are taken to apply to the Part 142 flight training.

202.743  Applications for AOCs authorising flying training—if made but not finally determined before 1 September 2014

 (1) This regulation applies if, before 1 September 2014:

 (a) a person applied for an AOC authorising the flying or operation of an aeroplane, rotorcraft or airship for flying training (the proposed training); and

 (b) the application was not finally determined by CASA.

 (2) The application is taken to be an application for an AOC for Part 142 flight training that is equivalent to the proposed training.

202.744  Approvals under regulation 60.055 held immediately before 1 September 2014

 (1) This regulation applies if:

 (a) before 1 September 2014, a person conducted training (the old training) in a qualified flight simulator or qualified flight training device; and

 (b) the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training); and

 (c) immediately before 1 September 2014, the person held an approval under regulation 60.055 as a user of the simulator or device.

 (2) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training.

 (3) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) must be issued subject to the conditions of the person’s approval that relate to the old training.

 (4) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.745  Approvals under regulation 60.055 that were under suspension immediately before 1 September 2014

 (1) This regulation applies if:

 (a) before 1 September 2014, a person held an approval under regulation 60.055 as a user of a qualified flight simulator or qualified flight training device; and

 (b) before 1 September 2014, the person conducted training (the old training) in the simulator or device; and

 (c) the old training is equivalent to Part 142 flight training conducted in a flight simulation training device (the new training); and

 (d) immediately before 1 September 2014, the approval was under suspension in relation to some or all of the old training (the suspended old training).

 (2) On 1 September 2014, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the new training.

 (3) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2):

 (a) must be issued subject to the conditions of the person’s approval that relate to the old training; and

 (b) is taken to have been suspended in relation to the new training that is equivalent to the suspended old training.

 (4) CASA may, by written notice given to the holder of the certificate, revoke the suspension of the certificate.

 (5) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (2) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.746  Applications for approvals under regulation 60.055 made but not finally determined before 1 September 2014

 (1) This regulation applies if, before 1 September 2014:

 (a) a person applied for an approval under regulation 60.055 to be a user of a qualified flight simulator or qualified flight training device; and

 (b) the person intended to conduct training in the simulator or device that is equivalent to Part 142 flight training conducted in a flight simulation training device; and

 (c) the application was not finally determined by CASA.

 (2) CASA must determine whether CASA would have issued the approval to the person.

 (3) If CASA determines that CASA would have issued the approval to the person, the person is taken to have applied for, and to meet the requirements mentioned in regulations 11.055 and 142.110 for the issue of, a certificate under Division 142.B.2 that authorises the person to conduct the Part 142 flight training.

 (4) If CASA determines that CASA would not have issued the approval to the person, CASA must give the person written notice of:

 (a) the determination; and

 (b) the reasons for the determination.

 (5) A certificate under Division 142.B.2 issued to the person on the basis of subregulation (3) ceases to have effect at the earlier of the following times:

 (a) the end of 31 August 2018;

 (b) if it is cancelled—when it is cancelled.

202.747  Application of Part 142 to certain Part 142 operators—references to exposition

 (1) This regulation applies if a Part 142 operator holds:

 (a) an AOC mentioned in regulation 202.741 or 202.742; or

 (aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or

 (b) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3).

 (2) Part 142 applies to the operator as if references in Part 142 to the operator’s exposition were references to the following documents:

 (a) the operator’s operations manual;

 (b) the operator’s dangerous goods manual (if any);

 (c) the operator’s training and checking manual (if any);

 (d) each document for which the operator holds an approval under these Regulations or the Civil Aviation Orders.

202.748  Application of Part 142 to certain Part 142 operators with Part 60 quality systems—safety management system and quality assurance management system

 (1) This regulation applies if:

 (a) a Part 142 operator holds a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3); and

 (b) immediately before 1 September 2014, the operator had a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

 (2) For regulation 142.260, the quality system is taken to meet the requirements of regulation 142.265 for a safety management system.

 (3) For regulation 142.270, the quality system is taken to meet the requirements of regulation 142.275 for a quality assurance management system.

202.749  Application of Part 142 to certain Part 142 operators without Part 60 quality systems—safety and quality assurance management systems not required

 (1) This regulation applies if:

 (a) a Part 142 operator holds:

 (i) an AOC mentioned in regulation 202.741 or 202.742; or

 (ia) an AOC granted on the basis of an application to which regulation 202.743 applied; or

 (ii) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3); and

 (b) immediately before 1 September 2014, the operator did not have a quality system under regulation 60.060 for a qualified flight simulator or qualified flight training device.

 (2) The operator does not contravene a provision of Part 142 only because the operator does not have:

 (a) a safety management system; or

 (b) a quality assurance management system.

202.750  Application of Part 142 to certain Part 142 operators—provisions that do not apply

 (1) This regulation applies if a Part 142 operator holds:

 (a) an AOC mentioned in regulation 202.741 or 202.742; or

 (aa) an AOC granted on the basis of an application to which regulation 202.743 applied; or

 (b) a certificate under Division 142.B.2 that was issued on the basis of subregulation 202.744(2), 202.745(2) or 202.746(3).

 (2) A provision mentioned in table 202.750 does not apply to the operator.

 

Table 202.750 Part 142 provisions that do not apply

Item

Provision

1

regulation 142.025, definition of key personnel, paragraphs (c) and (d)

2

regulations 142.135, 142.140, 142.145 and 142.150

3

subparagraph 142.190(2)(n)(iii)

4

regulations 142.195, 142.200, 142.205, 142.210, 142.335 and 142.340

202.751  References to standardisation and proficiency checks for instructors for certain Part 142 operators

 (1) This regulation applies to an instructor for a Part 142 operator if, immediately before 1 September 2014:

 (a) the operator held an AOC that authorised the holder to engage in flying training; and

 (b) the instructor was engaged by the AOC holder to give flying training.

 (2) The instructor is taken to hold a valid standardisation and proficiency check for the operator under regulation 142.325 on a day if, within 12 months before the day, the instructor satisfactorily completed a standardisation and proficiency flight check conducted by the AOC holder’s chief flying instructor.

Note: See paragraph 9.10 of Civil Aviation Order 40.1.7 (in relation to standardisation and proficiency flight checks for aeroplanes) and paragraph 11.6 of Civil Aviation Order 40.3.7 (in relation to standardisation and proficiency flight checks for helicopters).

202.752  Repeal of this Division at end of 31 August 2018

  This Division is repealed at the end of 31 August 2018.

Subpart 202.GCTransitional provisions for Part 143 (Air traffic services training providers)

 

202.760  Manual of Standards for Part 143

 (1) A document called ‘Manual of Standards (MOS) Part 143’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 143.017.

 (2) The procedures in regulations 143.017A, 143.017B and 143.017C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

Subpart 202.GDTransitional provisions for Part 144 (Product distribution organisations)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.780 to 202.799 are reserved for use in this Subpart.

 

Subpart 202.GETransitional provisions for Part 145 (Continuing airworthiness—Part 145 approved maintenance organisations)

Division 202.GE.1Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)

202.800  CASA may direct making of applications under regulation 145.025

 (1) CASA may direct the holder of a certificate of approval that covers maintenance of an aircraft or aeronautical product to which Part 42 applies to make an application under regulation 145.025 for approval as a Part 145 organisation.

 (2) A direction under this regulation must:

 (a) be in writing; and

 (b) specify the time within which the direction must be complied with.

 (3) The holder of the certificate must comply with the direction within the time specified in the direction.

Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 145.

Division 202.GE.2Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

Subdivision 202.GE.2.1Part 145 organisations undertaking CAR maintenance activities—general

202.801  Interpretation for Division 202.GE.2—Part 145 references to maintenance services taken to include references to CAR maintenance activities

  For this Division:

 (a) the references in paragraphs (b) and (c) of the definition of accountable manager in subregulation 145.010(1) to providing maintenance services are taken to include references to undertaking CAR maintenance activities; and

 (b) the reference in paragraph 145.010(2)(d) to the maintenance services provided by an organisation is taken to include a reference to the CAR maintenance activities undertaken by the organisation; and

 (c) the reference in paragraph 145.010(2)(f) to the maintenance services that an organisation is approved to provide is taken to include a reference to the CAR maintenance activities that the organisation is approved to undertake.

202.802  Interpretation for Division 202.GE.2—Part 145 definition of approval rating

  For this Division, the definition of approval rating in subregulation 145.010(1) is taken to include a rating for a kind of aircraft, aircraft component or aircraft material specified in the Part 145 Manual of Standards in relation to CAR maintenance activities.

202.803  Interpretation for Division 202.GE.2—Part 145 definition of significant change

  For this Division, the definition of significant change in subregulation 145.010(2) is taken to include the following:

 (a) a change to the CAR maintenance activities undertaken by the organisation, if the change would require a change to the approval ratings mentioned in the organisation’s approval certificate;

 (b) a change to the organisation’s facilities, equipment, tools, materials, procedures or employees that could adversely affect the organisation’s ability to undertake the CAR maintenance activities that it is approved to undertake;

 (c) a change to the organisation’s system of certification of completion of maintenance.

202.804  Part 145 Manual of Standards—additional matters for CAR maintenance activities

  A Manual of Standards issued under regulation 145.015 may specify the following matters in relation to CAR maintenance activities:

 (a) ratings for kinds of aircraft, aircraft components and aircraft materials;

 (b) requirements for a Part 145 organisation’s exposition;

 (c) the privileges that apply to an approval rating;

 (d) requirements for undertaking CAR maintenance activities, including requirements in relation to the following:

 (i) a system of certification of completion of maintenance;

 (ii) aircraft, aircraft components and aircraft materials;

 (iii) defects;

 (iv) writing procedures for meeting the requirements of Parts 4, 4A and 4B of CAR.

Subdivision 202.GE.2.2Part 145 organisations undertaking CAR maintenance activities—approval of organisations

202.805  Applying for approval

 (1) An application under regulation 145.025 may cover the undertaking of CAR maintenance activities.

 (2) If the application covers the undertaking of CAR maintenance activities, the application must include the approval rating sought by the applicant for each kind of aircraft, aircraft component or aircraft material for which the applicant proposes to undertake CAR maintenance activities.

202.806  Issuing approval

 (1) If the application covers the undertaking of CAR maintenance activities, CASA must approve the applicant as a Part 145 organisation only if CASA is satisfied that:

 (a) the applicant has an exposition that complies with the requirements specified in the Part 145 Manual of Standards relating to CAR maintenance activities; and

 (b) the applicant has facilities, equipment, materials, approved maintenance data and tools that are suitable for undertaking CAR maintenance activities for the kinds of aircraft, aircraft components and aircraft materials for which the applicant proposes to undertake CAR maintenance activities; and

 (c) the facilities, equipment, materials, approved maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 145 Manual of Standards.

 (2) If CASA decides to approve the applicant as a Part 145 organisation, CASA must determine:

 (a) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the applicant is approved to undertake CAR maintenance activities; and

 (b) any limitations applying to an approval rating mentioned in paragraph (a).

202.807  Approval certificate

  If CASA approves the applicant as a Part 145 organisation, the certificate issued under regulation 145.035 must include the approval rating for each kind of aircraft, aircraft component or aircraft material for which the applicant is approved to undertake CAR maintenance activities.

202.808  Privileges for Part 145 organisations

  A Part 145 organisation may undertake the CAR maintenance activities that it is approved to undertake.

202.809  Approval subject to conditions

  It is a condition of approval of a Part 145 organisation that is approved to undertake CAR maintenance activities that:

 (a) the organisation must, at all times, comply with the requirements of the following in relation to CAR maintenance activities it undertakes:

 (i) its exposition;

 (ii) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the organisation is approved to undertake CAR maintenance activities;

 (iii) any limitations applying to an approval rating mentioned in subparagraph (ii);

 (iv) Parts 4, 4A and 4B of CAR; and

 (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a) in relation to CAR maintenance activities the organisation undertakes.

Subdivision 202.GE.2.3Part 145 organisations undertaking CAR maintenance activities—offence

202.810  Undertaking CAR maintenance activities

 (1) A Part 145 organisation commits an offence if it undertakes CAR maintenance activities in contravention of any of the following:

 (a) its exposition;

 (b) the approval rating for each kind of aircraft, aircraft component or aircraft material for which the organisation is approved to undertake CAR maintenance activities;

 (c) any limitations applying to an approval rating mentioned in paragraph (b);

 (d) the privileges that apply to the approval rating under the Part 145 Manual of Standards.

Penalty: 50 penalty units.

 (2) An offence against this regulation is an offence of strict liability.

Subpart 202.GGTransitional provisions for Part 147 (Continuing airworthinessmaintenance training organisations)

 

202.840  Recognised organisations taken to be maintenance training organisations

 (1) This regulation applies to an organisation that, immediately before 27 June 2011, is a recognised organisation within the meaning given by Schedule 1 to the Civil Aviation Order 100.66 Instrument 2007.

 (2) On 27 June 2011, the organisation is taken to have applied for, and to meet the requirements mentioned in regulation 147.030 for the grant of, approval as a maintenance training organisation.

202.841  Applications for approval as a recognised organisation made but not finally determined before 27 June 2011

 (1) This regulation applies to a person if:

 (a) before 27 June 2011, the person made an application for approval as a recognised organisation; and

 (b) the application was not finally determined by CASA before 27 June 2011.

 (2) On 27 June 2011, the person is taken to have made an application under regulation 147.025 for approval as a maintenance training organisation.

202.842  CASA may direct the making of applications under regulation 147.025

 (1) CASA may direct the holder of a certificate of approval that covers:

 (a) the training of candidates for examinations mentioned in paragraph 31(4)(e) of CAR, as in force before 27 June 2011; or

 (b) the conducting of examinations mentioned in paragraph 31(4)(e) of CAR, as in force before 27 June 2011;

to make an application under regulation 147.025 for approval as a maintenance training organisation.

 (2) A direction under this regulation must:

 (a) be in writing; and

 (b) specify the time within which the direction must be complied with.

 (3) The holder of the certificate must comply with the direction within the time mentioned in the direction.

Note: CASA intends to give directions under this regulation to assist it in managing the implementation of Part 147.

Subpart 202.GITransitional provisions for Part 149 (Recreational aviation administration organisations)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.860 to 202.879 are reserved for use in this Subpart.

 

Subpart 202.HATransitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

 

202.880  Manual of Standards for Part 171

 (1) A document called ‘Manual of Standards (MOS) Part 171’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 171.017.

 (2) The procedures in regulations 171.017A, 171.017B and 171.017C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

Subpart 202.HBTransitional provisions for Part 172 (Air traffic service providers)

 

202.900  Manual of Standards for Part 172

 (1) A document called ‘Manual of Standards (MOS) Part 172’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 172.022.

 (2) The procedures in regulations 172.022A, 172.022B and 172.022C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

Subpart 202.HCTransitional provisions for Part 173 (Instrument flight procedure design)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.920 to 202.939 are reserved for use in this Subpart.

 

Subpart 202.HDTransitional provisions for Part 174 (Aviation meteorological services)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.940 to 202.959 are reserved for use in this Subpart.

 

Subpart 202.HETransitional provisions for Part 175 (Aeronautical information management)

 

Subpart 202.HLTransitional provisions for Part 200 (Exemptions)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.980 to 202.989 are reserved for use in this Subpart.

 

Subpart 202.HMTransitional provisions for Part 201 (Miscellaneous)

Note 1: This Subpart heading is reserved for future use.

Note 2: Regulation numbers 202.990 to 202.999 are reserved for use in this Subpart.

 

Dictionary  

(regulation 1.4)

Part 1Definitions

2D instrument approach operation means an instrument approach operation using lateral navigation guidance only.

3D instrument approach operation means an instrument approach operation using lateral and vertical navigation guidance.

Act means the Civil Aviation Act 1988.

administering authority, for a limited category aircraft: see regulation 132.010.

adventure flight, for a limited category aircraft: see regulation 132.015.

adventure flight procedures, for a limited category aircraft: see regulation 132.010.

aerobatic manoeuvres, for an aircraft, means manoeuvres of the aircraft that involve:

 (a) bank angles that are greater than 60°; or

 (b) pitch angles that are greater than 45°, or are otherwise abnormal to the aircraft type; or

 (c) abrupt changes of speed, direction, angle of bank or angle of pitch.

aerodrome certificate means a certificate granted under regulation 139.050.

aerodrome facilities and equipment means facilities and equipment, inside or outside the boundaries of an aerodrome, that are installed or maintained for use by aircraft operating at the aerodrome.

aerodrome manual, for a certified aerodrome, means the aerodrome manual for the aerodrome required by regulation 139.090.

aerodrome marking includes a permanent or temporary marker, a movement area guidance sign and a road sign.

aerodrome operator:

 (a) for a certified aerodromemeans the person who holds the aerodrome certificate for the aerodrome; and

 (b) for a registered aerodromemeans the operator of the aerodrome; and

 (c) for an aerodrome to which Subpart 139.D appliesmeans the person who is responsible for the operation and maintenance of the aerodrome.

aerodrome serviceability inspection, of an aerodrome, means an inspection of the aerodrome mentioned in regulation 139.220.

aerodrome technical inspection, of aerodrome facilities for an aerodrome, means an inspection of the aerodrome facilities mentioned in regulation 139.230.

aerodrome works means any construction or maintenance work on or near the movement area of an aerodrome that may create an obstacle, or restrict the normal takeoff and landing of aircraft, at the aerodrome.

aeronautical data has the same meaning as in Annex 15 to the Chicago Convention.

aeronautical data originator means a person who has been given a data product specification under regulation 175.160 that is in force.

aeronautical data processing standards means:

 (a) EUROCAE ED76; or

 (b) RTCA/DO200A.

aeronautical fixed service has the same meaning as in Annex 11 to the Chicago Convention.

aeronautical information has the same meaning as in Annex 15 to the Chicago Convention.

aeronautical radio operator certificate: see regulation 64.010.

AGL means above ground or water level.

AIP means the publication mentioned in paragraph 4.12(1)(a) of the Air Services Regulations, as that publication is in effect or exists from time to time.

AIP Amendment has the same meaning as in Annex 15 to the Chicago Convention.

AIPERSA means the Aeronautical Information Publication Enroute Supplement Australia published jointly by the Australian Air Force and AA, as in force from time to time.

AIP responsible person, for an aeronautical data originator, means a person appointed by the originator as an AIP responsible person under regulation 175.445.

AIP Supplement has the same meaning as in Annex 15 to the Chicago Convention.

AIRAC effective date means an AIRAC effective date published in ICAO Document 8126.

airborne collision avoidance system means a system fitted to an aircraft to provide information to its pilot for avoiding collisions with other aircraft.

aircraft engineer licence means any of the following licences granted under regulation 66.025 or 66.026:

 (a) subcategory A1;

 (b) subcategory A2;

 (c) subcategory A3;

 (d) subcategory A4;

 (e) subcategory B1.1;

 (f) subcategory B1.2;

 (g) subcategory B1.3;

 (h) subcategory B1.4;

 (i) category B2;

 (j) category C.

aircraft registration identification plate: see regulation 45.010.

aircraft type rating, in relation to flight crew, means a type rating prescribed by a legislative instrument issued under regulation 61.055 or 61.060.

air display means organised flying performed before a public gathering, including the following:

 (a) a contest;

 (b) an exhibition of aerobatic manoeuvres;

 (c) flying in formation;

 (d) other aircraft operations associated with the air display.

air security officer means:

 (a) a protective service officer or special protective service officer of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or

 (b) a person who is:

 (i) employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and

 (ii) operating in accordance with an arrangement between the foreign government and the Australian Government.

airship means a powered, lighterthanair aircraft.

air traffic control means Air Traffic Services in its role of providing an air traffic control service.

air traffic control function means a function described in a paragraph of subregulation 65.075(2).

air transport operation: see clause 3 of Part 2 of this Dictionary.

airworthiness directive: see regulation 39.001A.

AIS has the meaning given in Annex 15 to the Chicago Convention.

AIS provider means a person who holds a certificate under regulation 175.055.

amateurbuilt aircraft means an aircraft described in paragraph 21.191(g).

Amateur Built Aircraft Acceptance, or ABAA, means a document given by CASA or an authorised person as a type approval for an amateurbuilt aircraft.

amphibian means an aeroplane that is designed to take off from, and land on, either land or water.

AOC: see subsection 3(1) of the Act.

APMA means Australian Parts Manufacturer Approval.

appliance means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine or propeller.

Source FARs section 1.1.

application material: see regulation 137.010.

apply, in relation to application material, has the meaning given by regulation 137.010.

approved means approved by CASA.

approved airframe life, for a limited category aircraft: see regulation 132.010.

approved design organisation means a person who holds an approval under regulation 21.243 that is in force.

approved form means:

 (a) for an applicationthe form approved by CASA under subregulation 11.030(3) for the application (if any); and

 (b) for a document other than an applicationthe form approved by CASA under regulation 11.018 for the document (if any).

approved maintenance data: see regulation 2A of CAR.

apron, of an aerodrome, has the meaning given by the Air Services Regulations.

ARFFS provider has the meaning given by subregulation 139.705(1).

ARN or Aviation Reference Number means the unique identifier assigned to a person by CASA for the purposes of CASA’s records.

article manufacturer: see paragraph 21.601(2)(e).

ATC licence means an air traffic controller licence granted under Part 65.

ATSO: see paragraph 21.601(2)(a).

ATSO authorisation: see paragraph 21.601(2)(b).

ATS provider has the meaning given by regulation 172.015.

ATS routes has the same meaning as in Annex 4 to the Chicago Convention.

ATS training provider has the meaning given by regulation 143.015.

Australian Civil Aircraft Register means the register established and maintained under regulation 47.025.

Australian nationality mark: see regulation 45.010.

Australian operator means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.

Australian Parts Manufacturer Approval or APMA means an Australian Parts Manufacturer Approval issued under subregulation 21.303(9) or subregulation 21.305A(2).

authorised data service activity, for a data service provider, means a data service activity mentioned in the data service provider’s certificate issued under regulation 175.295.

authorised instrument approach procedure means:

 (a) for an aerodrome in Australian territory—an instrument approach procedure that is:

 (i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or

 (ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or

 (b) for an aerodrome in a foreign country—an instrument approach procedure that is authorised by the national aviation authority of the country.

authorised instrument departure procedure means:

 (a) for an aerodrome in Australian territory—an instrument departure procedure that is:

 (i) designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or

 (ii) prescribed by an instrument issued under regulation 201.025 for this paragraph; or

 (b) for an aerodrome in a foreign country—an instrument departure procedure that is authorised by the national aviation authority of the country.

authorised person, for a provision of CASR in which the expression occurs, means a person who is appointed under regulation 201.001 to be an authorised person for these regulations or the provision.

authorised release certificate has the meaning given by clause 18 of Part 2 of this Dictionary.

aviation English language proficiency assessment: see regulation 61.010.

balloon means an unpowered, lighterthanair aircraft.

cabin crew member, in relation to an aircraft, means a crew member, other than a flight crew member, who performs, in the interests of the safety of the aircraft’s passengers, duties assigned by the operator or the pilot in command of the aircraft.

CAR means the Civil Aviation Regulations 1988.

cargo means things other than persons carried in an aircraft.

carryon baggage means baggage or personal effects carried on, or to be carried on, to an aircraft by:

 (a) a passenger on the aircraft or a member of the aircraft’s crew; or

 (b) an employee of the aircraft operator on behalf of a passenger or crew member.

CASR means the Civil Aviation Safety Regulations 1998.

category, in relation to the type certification of aircraft, means a grouping of aircraft based upon intended use and operating limitations (for example, transport, normal, utility, acrobatic, limited, restricted and provisional).

Source FARs section 1.1 modified.

certificate of airworthiness means a standard certificate of airworthiness or a special certificate of airworthiness.

certificate of registration means a certificate issued under regulation 47.090.

certificate of release to service means:

 (a) for an aircrafta document that complies with subregulation 42.760(1); and

 (b) for an aeronautical producta document that complies with subregulation 42.810(1) or (2).

certificate of validation: see regulation 61.010.

certificate of validation has the meaning given by regulation 61.010.

certification basis means:

 (a) for an aircraft, aircraft engine or propeller for which there is a type certificatethe type certification basis for the aircraft, aircraft engine or propeller; and

 (b) for an aircraft, aircraft engine or propeller for which there is a foreign type certificatethe foreign type certification basis for the aircraft, aircraft engine or propeller.

certified aerodrome means an aerodrome in respect of which an aerodrome certificate is in force.

certified true copy, of a document, means a copy of the document that one of the following persons has certified in writing to be a true copy of the document:

 (a) a person mentioned in Schedule 2 to the Statutory Declarations Regulations 1993;

 (b) a justice of the peace in a foreign country;

 (c) a notary public in a foreign country;

 (d) an employee of a national aviation authority;

 (e) a person to whom a national aviation authority has delegated a power or function.

charged with an offence: see clause 25 of Part 2 of this Dictionary.

checked baggage means baggage or personal effects checked in by a passenger with an operator, or with another person providing a checkin service for an operator, as baggage or personal effects intended for carriage on the aircraft on which the passenger is travelling.

Civil Air Regulations means the Civil Air Regulations issued by the Administrator of the Federal Aviation Agency of the United States of America, as in force immediately before the commencement of the FARs.

class:

 (a) of aircraft, has the meaning given by regulation 61.020; and

 (b) of aeroplane for Part 64 (Ground operations personnel licensing), has the meaning given by regulation 64.010; and

 (c) in relation to medical certificates—means a class of medical certificate mentioned in regulation 67.145.

Class I product: see paragraph 21.321(2)(a).

Class I provisional certificate of airworthiness means a Class I provisional certificate of airworthiness issued under regulation 21.216.

Class I provisional type certificate means a Class I provisional type certificate issued under regulation 21.076.

Class II product: see paragraph 21.321(2)(b).

Class II provisional certificate of airworthiness means a Class II provisional certificate of airworthiness issued under regulation 21.216.

Class II provisional type certificate means a Class II provisional type certificate issued under regulation 21.076.

Class III product: see paragraph 21.321(2)(c).

continuing airworthiness management organisation means a person who holds an approval under regulation 42.590 that is in force.

Contracting State: see section 3 of the Act.

convicted of an offence: see clause 35 of Part 2 of this Dictionary.

copilot, in relation to an aircraft, means a pilot on board the aircraft in a piloting capacity other than:

 (a) the pilot in command; or

 (b) a pilot who is on board the aircraft for the sole purpose of receiving flight training.

critical part, for an aircraft, means a part that must be inspected, overhauled, or removed or retired from the aircraft within a period specified:

 (a) in the Airworthiness Limitations section of the Manufacturer’s Maintenance Manual (as published from time to time by the aircraft’s manufacturer) for the aircraft; or

 (b) in the Manufacturer’s Instructions for Continued Airworthiness (as published by the manufacturer from time to time) for the aircraft.

crosscountry flight has the meaning given by regulation 61.010.

cruise relief type rating means:

 (a) a cruise relief copilot type rating; or

 (b) a cruise relief flight engineer type rating.

current, for an aviation English language proficiency assessment: see regulation 61.260.

DAME means designated aviation medical examiner.

DAO means designated aviation ophthalmologist.

data product specification has the same meaning as in Annex 15 to the Chicago Convention.

data service activity means any of the following:

 (a) publishing aeronautical data;

 (b) publishing aeronautical information;

 (c) publishing an aeronautical chart;

 (d) supplying aeronautical data in a database for use in navigation equipment or systems.

data service provider means a person who holds a certificate under regulation 175.295.

data set has the same meaning as in Annex 15 to the Chicago Convention.

dealer’s mark means a mark assigned to an aircraft manufacturer, distributor or dealer under regulation 47.175.

designated aviation medical examiner means:

 (a) a person appointed as a designated aviation medical examiner under Part 67; or

 (b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.055(1); or

 (c) a person specified in a declaration under subregulation 67.055(2); or

 (d) a person appointed as a designated aviation medical examiner under Part 6 of CAR as in force at any time before 3 September 2003.

designated aviation ophthalmologist means:

 (a) a person appointed as a designated aviation ophthalmologist under Part 67; or

 (b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.075(1); or

 (c) a person specified in a declaration under subregulation 67.075(2).

Dictionary means this Dictionary.

differences training: see regulation 61.010.

engage in conduct means:

 (a) do an act; or

 (b) omit to perform an act.

ETSO: see paragraph 21.601(2)(aa).

EUROCAE ED76 means the latest version of EUROCAE ED76, Standards for Processing Aeronautical Data, issued by the European Organisation for Civil Aviation Equipment, as in force from time to time.

Note: EUROCAE ED76 could in 2014 be viewed on the EUROCAE website (http://www.eurocae.net).

European Aviation Safety Agency or EASA means the European Aviation Safety Agency established by regulation (EC) No 1592/2002 of the European Parliament and the Council of the European Union.

examiner has the meaning given by regulation 61.010.

exarmed forces aircraft: see regulation 132.010.

excluded RPA: see regulation 101.237.

exhibition: see regulation 45.010.

experimental certificate means an experimental certificate issued under regulation 21.195A.

expiation notice, in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution.

export airworthiness approval means:

 (a) for a Class I productan export certificate of airworthiness or an authorised release certificate; and

 (b) for a Class II or Class III productan authorised release certificate.

export certificate of airworthiness, for a Class I product, means a certificate to the effect that the product meets the requirements mentioned in regulation 21.329.

FAA letter of TSO design approval: see paragraph 21.601(2)(ca).

FARs means the Federal Aviation Regulations in Chapter 1 (Federal Aviation Administration, Department of Transportation) of Title 14 of the Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration of the United States of America.

fireproof, in connection with a manufacturer’s data plate: see regulation 21.810.

flight crew endorsement:

 (a) means a flight crew endorsement within the meaning of Part 61; and

 (b) includes a certificate of validation of an overseas endorsement.

flight crew licence:

 (a) means a flight crew licence within the meaning of Part 61; and

 (b) includes a certificate of validation of an overseas flight crew licence.

flight crew member means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time.

flight crew rating:

 (a) means a flight crew rating within the meaning of Part 61; and

 (b) includes a certificate of validation of an overseas rating.

flight engineer means the holder of a flight engineer licence.

flight examiner: see regulation 61.010.

flight level: a reference to a flight level followed by a number, in relation to the flight of an aircraft, is a reference to the altitude at which the aircraft’s altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show an altitude in feet of 100 times that number.

Example: Flight level 250 is an altitude of 25 000 ft.

flight manual, for an aircraft: see clause 37 of Part 2 of this Dictionary.

flight review: see regulation 61.010.

flight service function means the function described in subregulation 65.130(2).

flight service licence means a licence by that name granted under Part 65.

flight simulation training device: see regulation 61.010.

flight simulator, for a specific type (or a specific make, model and series) of aircraft:

 (a) means a simulator that simulates the aircraft in ground and flight operations and comprises:

 (i) a full size replica of the flight deck of the aircraft; and

 (ii) a visual system providing an out of the flight deck view; and

 (iii) a force cueing motion system; and

 (b) includes the necessary software and equipment, and the way that the equipment is interconnected.

flight technical log, for an aircraft, means the log required under regulation 42.220 for the aircraft.

flight test: see regulation 61.010.

flight time has the meaning given by regulation 61.010.

flight training: see regulation 61.010.

flight training area, for an aerodrome, means an area that is mentioned in a Part 141 operator’s operations manual, or a Part 142 operator’s exposition, as a flight training area for the aerodrome.

flight training device, for a specific type (or a specific make, model and series) of aircraft:

 (a) means a device that:

 (i) simulates the aircraft in ground and flight operations to the extent of the systems installed in the device; and

 (ii) comprises a full size replica of the instruments, equipment, panels and controls in an open flight deck area, or an enclosed flight deck, of the aircraft; and

 (iii) does not, in every respect, simulate the aircraft in ground and flight operations; and

 (b) includes the necessary software and equipment, and the way that the equipment is interconnected.

flying in formation: 2 or more aircraft are:

 (a) flying in formation if they:

 (i) are operating as a single unit with regard to navigation, position reporting and control; and

 (ii) are so close to each other that any change in height, heading or airspeed of any aircraft used for stationkeeping results in a need for one or more of the other aircraft to manoeuvre to maintain station or avoid a collision; and

 (b) taken to be flying in formation:

 (i) when the aircraft are changing station; and

 (ii) during joinup or breakaway.

foreign air transport AOC means an AOC that authorises the operation of an aircraft for a foreign air transport operation.

foreign air transport operation:

 (a) means an air transport operation that is conducted by a foreign operator using any aircraft for:

 (i) a flight into or out of Australian territory; or

 (ii) a flight wholly within Australia that is undertaken as part of a flight into or out of Australian territory; but

 (b) does not include the following:

 (i) the operation of an aeroplane or rotorcraft under a permission under section 25 (Nonscheduled flights by foreign registered aircraft) or section 27A (Permission for operation of foreign registered aircraft without AOC) of the Act;

 (ii) an air transport operation authorised by a New Zealand AOC with ANZA privileges that is in force for Australia.

foreign air transport operator means a person who holds a foreign air transport AOC.

foreign certificate, for a foreign operator, means an air operator certificate issued by the national aviation authority of the foreign country in which the foreign operator has its principal place of business or place of permanent residence.

foreign operator means an operator that is not an Australian operator.

foreign supplemental type certificate: see regulation 21.114.

foreign type certificate: see regulation 21.041.

foreign type certification basis, for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a foreign type certificate.

free balloon:

 (a) in Part 101—means a balloon that is not tethered; and

 (b) otherwise—means a balloon that is intended for flight without being permanently tethered.

giant model aircraft: see regulation 101.380.

glider means an unpowered, heavierthanair aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.

hang glider: see regulation 200.001.

heavierthanair aircraft is the generic term for aircraft that derive their lift in flight chiefly from aerodynamic forces.

heavy balloon: see regulation 101.145.

heavy package: see regulation 101.145.

high power rocket: see regulation 101.425.

historic aircraft: see regulation 132.010.

holder, of an authorisation (within the meaning given by Part 11), means:

 (a) if the authorisation has not been transferredthe person to whom it was granted; or

 (b) if the authorisation has been transferredthe person to whom it was transferred or, if it has been transferred more than once, the person to whom it was most recently transferred.

human factors principles means principles concerned with the minimisation of human error and its consequences by optimising the relationships within systems between people, activities and equipment.

ICAO Document 8126 means Document 8126AN/872 (Aeronautical Information Services Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

ICAO Document 8697 means Document 8697AN/889 (Aeronautical Chart Manual) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

identification number of a production certificate or type certificate means the number, or group of characters, described in the certificate as being its number.

in an area, used of the operation of an aircraft: see clause 40 of Part 2 of this Dictionary.

incidental provisions, of an instrument, or part of an instrument, mentioned in these Regulations, means the provisions of the instrument, or part, that are not airworthiness standards.

inhouse maintenance, for an aeronautical product (the first aeronautical product) to be fitted to an aircraft or another aeronautical product (the second aeronautical product), means maintenance carried out on the first aeronautical product by a Part 145 organisation that will fit the product to the aircraft or the second aeronautical product.

inhouse release document, for an aeronautical product on which inhouse maintenance has been carried out, means the document that:

 (a) is issued by the Part 145 organisation that carried out the inhouse maintenance; and

 (b) includes a statement to the effect that, in respect of the inhouse maintenance, the product is serviceable, within the meaning given by subregulation 42.015(1); and

 (c) includes information enabling the identification of the record mentioned in regulation 42.820 for the product.

instructor has the meaning given by regulation 61.010.

instrument approach operation means an approach and landing:

 (a) conducted using instruments for navigation guidance; and

 (b) based on an authorised instrument approach procedure.

instrument approach procedure means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or enroute obstacle clearance criteria apply.

instrument departure procedure, for an aircraft, means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from takeoff until the aircraft reaches:

 (a) the enroute lowest safe altitude; or

 (b) the minimum altitude at which the aircraft, on a minimum climb gradient of 3%, can intercept the planned flight route; or

 (c) in a case where the aircraft has taken off from an aerodrome for which there is a radar control service in operationthe minimum radar vector altitude.

instrument flight procedures means the visual and instrument procedures for use by aircraft operating under the IFR.

Integrated Aeronautical Information Package means a package, in hardcopy or electronic form, consisting of the following:

 (a) the AIP;

 (b) AIP Amendments;

 (c) AIP Supplements;

 (d) NOTAMS and preflight information bulletins;

 (e) aeronautical information circulars.

integrated training means an intensive course of training:

 (a) that is designed to ensure that a course participant receives ground theory training integrated with practical flight training; and

 (b) for which:

 (i) the ground theory training and practical flight training are conducted by the same operator; or

 (ii) the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and

 (c) that is conducted according to a syllabus that satisfies the knowledge and flight standards specified in the Part 61 Manual of Standards for the grant of a private or commercial pilot licence; and

 (d) that is designed to be completed within a condensed period of time.

intermediate category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.026.

kind, of an aircraft, means:

 (a) for an aircraft that is covered by an aircraft type rating—the aircraft type rating; and

 (b) for an aircraft that is not covered by an aircraft type rating—the type of aircraft.

kitbuilt aircraft means an aircraft described in paragraph 21.191(h).

kite means a glider normally moored to the ground.

land and hold short operation means an operation in which the pilot in command of an aircraft:

 (a) lands the aircraft on a runway; and

 (b) stops the aircraft before an intersection with another runway; and

 (c) does not proceed further until instructed to do so by air traffic control.

large RPA means any of the following:

 (a) a remotely piloted aeroplane with a gross weight of more than 150 kg;

 (b) a remotely piloted powered parachute with a gross weight of more than 150 kg;

 (c) a remotely piloted rotorcraft with a gross weight of more than 150 kg;

 (d) a remotely piloted poweredlift aircraft with a gross weight of more than 150 kg;

 (e) a remotely piloted airship with an envelope capacity of more than 100 m3.

letter of ATSO design approval: see paragraph 21.601(2)(c).

licensed aircraft maintenance engineer means an individual who holds an aircraft engineer licence that is in force.

life limit, for an aeronautical product that is fitted, or is to be fitted, to a limited category aircraft, has the meaning given by the Part 132 Manual of Standards.

light balloon: see regulation 101.145.

lighterthanair aircraft is the generic term for aircraft that are supported chiefly by their buoyancy in the air.

light sport aircraft means an aircraft that:

 (a) has:

 (i) if the aircraft is not intended for operation on water—a maximum takeoff weight of 600 kilograms or less; or

 (ii) if the aircraft is intended for operation on water—a maximum takeoff weight of 650 kilograms or less; or

 (iii) if the aircraft is a lighterthanair aircraft—a maximum gross weight of 560 kilograms or less; and

 (b) if the aircraft is a powered aircraft—has a single, nonturbine engine fitted with a propeller; and

 (c) has a maximum stall speed in the landing configuration (Vso) of 45 knots calibrated air speed; and

 (d) if the aircraft is a glider—has a maximum neverexceed speed (Vne) of 135 knots calibrated air speed; and

 (e) if the aircraft has a cabin—has an unpressurised cabin; and

 (f) if the aircraft is designed to be equipped with seating—has a maximum seating capacity of 2 persons, including the pilot; and

 (g) if the aircraft is a manned free balloon that is not designed to be equipped with seating—can carry no more than 2 persons; and

 (h) has:

 (i) in the case of an amphibian—repositionable landing gear; or

 (ii) in the case of a glider—fixed landing gear or retractable landing gear; or

 (iii) in any other case—fixed landing gear.

limited category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a special certificate of airworthiness mentioned in regulation 21.189.

limited category aircraft: see regulation 132.010.

limited category certificate: see regulation 132.010.

limited category organisation: see regulation 132.010.

lowest safe altitude has the same meaning as in the AIP.

lowvisibility approach means an approach using minima for a runway that are below the category I precision approach minima for the runway published in the AIP.

lowvisibility operation means:

 (a) a lowvisibility takeoff; or

 (b) a lowvisibility approach.

lowvisibility takeoff means a takeoff with a runway visual range of less than 550 m.

major, for a modification or repair to a limited category aircraft: see regulation 132.020.

major change, for a type design: see regulation 21.093.

major defect means:

 (a) in relation to an aeronautical product that is not fitted to an aircrafta defect of such a kind that the aeronautical product, if fitted to an aircraft, may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property; and

 (b) in relation to an aircrafta defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property.

manned free balloon means a free balloon that:

 (a) is capable of carrying 1 or more persons; and

 (b) is equipped with controls that enable the altitude of the balloon to be controlled.

markings, for an aircraft: see regulation 45.015.

Materials Review Board means:

 (a) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a type certificate onlythe Materials Review Board established under paragraph 21.125(1)(a); and

 (b) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a production certificatethe Materials Review Board established under regulation 21.145.

maximum carrying capacity, for an aircraft, means the maximum payload permitted under the aircraft’s certificate of type approval.

maximum passenger seating capacity, for an aircraft, means the maximum number of seats for persons (excluding flight crew and cabin crew) in the aircraft that is:

 (a) approved by CASA; and

 (b) specified in the aircraft operator’s operations manual.

medical certificate means:

 (a) a medical certificate issued under Subpart 67.C; or

 (b) for the holder of a certificate of validation of an overseas flight crew licence—the holder’s overseas medical certificate.

medically significant condition has the meaning given by subregulation 67.010(1).

medical practitioner:

 (a) for Part 61 has the meaning given by regulation 61.010; and

 (b) for Part 67 has the meaning given by subregulation 67.010(1).

medium balloon: see regulation 101.145.

medium RPA means:

 (a) an RPA with a gross weight of at least 25 kg but not more than 150 kg; or

 (b) a remotely piloted airship with an envelope capacity of 100 m3 or less.

meets the modified Austroads medical standards has the meaning given by regulation 67.262.

micro RPA means an RPA with a gross weight of 100 g or less.

minimum equipment list, for an aircraft, means a list of each defect in the aircraft that is approved as a permissible unserviceability under regulation 37 of CAR.

minor change, for a type design: see regulation 21.093.

model, for an aircraft, aircraft engine or propeller, means a particular version of a type of aircraft, aircraft engine or propeller that is distinguished from another version of the same type by a change of sufficient effect on the weight, balance, structural strength, operational characteristics as would require a separate entry on a type certificate, identifying and approving the particular version as distinct from the identification and approval of other versions.

model aircraft means an aircraft that is used for sport or recreation, and cannot carry a person.

model rocket: see regulation 101.425.

modification/repair design approval means an approval granted under regulation 21.435 or 21.437.

multicrew operation: see regulation 61.010.

national aviation authority, for a foreign country:

 (a) means the authority that is responsible for regulating civil aviation in the country; and

 (b) includes:

 (i) the national airworthiness authority for the country; and

 (ii) if EASA carries out functions on behalf of the country—EASA; and

 (iii) for China, for matters relating to Hong Kong—the Civil Aviation Department of Hong Kong.

night means the period between the end of evening civil twilight and the beginning of the following morning civil twilight.

nonprecision approach runway has the same meaning as in Annex 14, Aerodromes, to the Chicago Convention.

nontechnical skills means specific human competencies, including critical decision making, team communication, situational awareness and workload management, which may minimise human error in aviation.

NOTAM authorised person, of an aeronautical data originator, means a person appointed by the originator as a NOTAM authorised person under regulation 175.445.

NOTAM Office means the office of AA responsible for the publication of NOTAMS.

obstacle means an object that extends above part of an obstacle limitation surface of an aerodrome.

obstacle limitation surface, of an aerodrome, means an obstacle limitation surface established in accordance with regulation 139.355.

offshore installation means an installation that is erected on, or floating in the sea above, the continental shelf for the purpose of extracting, or exploring for, petroleum or natural gas.

operated within the visual line of sight: see subregulation 101.073(3).

operations manual means:

 (a) for an operator as defined in regulation 212 of CAR—the manual required to be provided by the operator under regulation 215 of CAR; or

 (b) for a limited category organisation—the manual mentioned in subregulation 262AN(2) of CAR for the organisation.

operations specifications has the same meaning as in Chapter 1 of Part 1 of Annex 6, Operation of Aircraft, to the Chicago Convention.

operator, of an aircraft, means:

 (a) if the operation of the aircraft is authorised by an AOC—the holder of the AOC; or

 (b) if the operation of the aircraft is not authorised by an AOC—the person, organisation or enterprise that makes the aircraft available to the aircraft’s pilot in command for a flight.

operator proficiency check: see regulation 61.010.

other AIS applicable ICAO documents means each of the following documents as approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time:

 (a) ICAO Document 4444ATM/501 (Procedures for Air Navigation Services—Air Traffic Management), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;

 (b) ICAO Document 7030 (Regional Supplementary Procedures);

 (c) ICAO Document 7910 (Location Indicators);

 (d) ICAO Document 8168 (PANSOPS), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;

 (e) ICAO Document 8400 (ICAO Abbreviations and Codes);

 (f) ICAO Document 9432 (Manual of Radiotelephony);

 (g) ICAO Document 9674 (World Geodetic System);

 (h) ICAO Document 9905AN/471 (Required Navigation Performance Authorisation Required (RNP AR) Procedure Design Manual).

overhauled: see paragraph 21.321(2)(d).

overseas endorsement has the meaning given by regulation 61.010.

overseas flight crew licence has the meaning given by regulation 61.010.

overseas medical certificate has the meaning given by regulation 61.010.

overseas rating has the meaning given by regulation 61.010.

PANSAIM means the Procedures for Air Navigation ServicesAeronautical Information Management approved and published by the Council of the International Civil Aviation Organization, as in force from time to time, subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP.

Part 21 Manual of Standards means the Manual of Standards issued by CASA under regulation 21.010D.

Part 42 Manual of Standards means the Manual of Standards issued by CASA under regulation 42.020.

Part 45 Manual of Standards means the Manual of Standards issued by CASA under regulation 45.025.

Part 61 Manual of Standards means the Manual of Standards issued by CASA under regulation 61.035.

Part 101 Manual of Standards means the Manual of Standards issued by CASA under regulation 101.028.

Part 132 Manual of Standards means the Manual of Standards issued by CASA under regulation 132.040.

Part 141 operator: see subregulation 141.015(3).

Part 142 operator: see subregulation 142.015(4).

Part 145 organisation means a person who holds an approval under regulation 145.030 that is in force.

Part 175 Manual of Standards means the Manual of Standards issued by CASA under regulation 175.025.

passenger, in relation to an aircraft, means a person:

 (a) who:

 (i) intends to travel on a particular flight on the aircraft; or

 (ii) is on board the aircraft for a flight; or

 (iii) has disembarked from the aircraft following a flight; and

 (b) who is not a member of the crew of the aircraft for the flight.

permit index number, for an aircraft for which a limited category certificate has been issued: see regulation 132.010.

pilot, used as a verb, has the meaning given by regulation 61.010.

pilot certificate means a certificate (however described) that:

 (a) is granted by a recreational aviation administration organisation; and

 (b) authorises its holder to pilot an aircraft, other than a registered aircraft, in an aviation activity administered by the organisation.

pilot in command, in relation to a flight of an aircraft, means the pilot designated by the operator of the aircraft as being in command and charged with the safe conduct of the flight.

pilot instructor: see regulation 61.010.

pilot licence: see regulation 61.010.

pilotowner, of an aircraft, means an individual who:

 (a) owns the aircraft; and

 (b) is authorised, under Part 61, to fly the aircraft.

populous area includes a city and a town.

powered aircraft means an aircraft that is propelled by an engine or engines.

poweredlift aircraft means a powerdriven heavierthanair aircraft that derives its lift in flight:

 (a) during vertical manoeuvring and lowspeed flight—from:

 (i) the reaction of air on one or more normally powerdriven rotors on substantially vertical axes; or

 (ii) engine thrust; and

 (b) otherwise—chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.

powered parachute means a powered aircraft that has the characteristics of a parachute when its engine or engines are not operated.

powered sailplane means an aircraft with one or more engines that has the characteristics of a sailplane when the engine or engines are inoperative.

primary category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.024.

probity offence means an offence the substance of which is:

 (a) the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or

 (b) the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code) of a person exercising an official function during the performance of that function; or

 (c) fraudulent conduct (within the meaning of Part 7.3 of the Criminal Code);

whether under the law of the Commonwealth, a State, a Territory or another country.

production certificate means a production certificate issued under subregulation 21.134(1).

prohibited area has the same meaning as in regulation 3 of the Airspace Regulations 2007.

provisional certificate of airworthiness means a Class I or Class II provisional certificate of airworthiness.

provisional type certificate means a Class I or Class II provisional type certificate.

psychoactive substance: see clause 60 of Part 2 of this Dictionary.

psychoactive substance offence means an offence:

 (a) of which an element is the possession, use or excessive use of a psychoactive substance; or

 (b) of which the substance is importing, or trafficking in, a psychoactive substance; or

 (c) of which an element is being under the influence of a psychoactive substance; or

 (d) of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or

 (e) the substance of which is refusal to provide a blood, breath or urine sample for analysis; or

 (f) of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e).

Note: Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other nonalcoholic drink containing caffeine, or caffeinecontaining confectionerysee Part 2 of this Dictionary.

public gathering means an assembly of people at a place on the basis of a general public invitation to attend at that place, whether or not a charge is made for attendance.

qualified flight simulator means a flight simulator that is qualified under Part 60 of CASR.

qualified flight training device means a flight training device that is qualified under Part 60 of CASR.

recognised country: see regulation 21.010B.

recurrent training: see regulation 142.035.

registered means registered under Part 47.

registered aerodrome means an aerodrome that is registered under regulation 139.265.

registered operator, of an aircraft, has the meaning given by regulation 47.100.

registered training organisation has the meaning given by section 3 of the National Vocational Education and Training Regulator Act 2011.

registration holder of an aircraft means the person whose name is entered in the Australian Civil Aircraft Register as that of the aircraft’s owner.

registration mark, of an aircraft, means the registration mark assigned to the aircraft under Subpart 47.G.

regular public transport operations means operations for the commercial purpose mentioned in paragraph 206(1)(c) of CAR.

relevant approved design organisation, in relation to a design activity, within the meaning given by regulation 21.233, and an aircraft or aeronautical product of a particular kind, means an approved design organisation that is approved under Subpart 21.J to carry out that design activity in relation to aircraft or aeronautical products of that kind.

remote pilot licence means a licence granted under Division 101.F.3.

required navigational performance, for an area of airspace, or a route, means the navigational performance specified in the AIP for that area of airspace or route.

restricted area has the same meaning as in regulation 3 of the Airspace Regulations 2007.

restricted category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.025.

rocket means a pilotless vehicle powered by reaction that carries all the components necessary to provide its jet.

route segment means a portion of a route.

RPA means a remotely piloted aircraft, other than a balloon or a kite.

RPAS (short for remote pilot aircraft system) means a set of configurable elements consisting of a remotely piloted aircraft, its associated remote pilot station (or stations), the required command and control links and any other system elements as may be required at any point during the operation of the aircraft.

RPL training course means training in the operation of RPA for the grant of a remote pilot licence that is conducted:

 (a) by a person who is certificated under regulation 101.335 and whose operations include conducting training; and

 (b) in accordance with any standards or requirements prescribed by the Part 101 Manual of Standards.

RTCA/DO200A means the latest version of RTCA/DO200A, Standards for Processing Aeronautical Data, issued by RTCA, Inc, as in force from time to time.

Note: RTCA/DO200A could in 2014 be viewed on the RTCA’s website (http://www.rtca.org).

runway visual range means the range, measured using an electronic instrument, over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line.

safetycritical aeronautical product, for a limited category aircraft: see regulation 132.025.

sailplane means a heavierthanair aircraft:

 (a) that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces; and

 (b) the free flight of which does not depend on an engine.

small balloon: see regulation 101.145.

small RPA means an RPA with a gross weight of at least 2 kg but less than 25 kg.

solo, in relation to a flight of an aircraft, has the meaning given by regulation 61.010.

special certificate of airworthiness: see regulation 21.175.

special class, for aircraft: see subregulation 21.017(2).

special condition means a special condition imposed under subregulation 21.016(1).

special flight permit means a special flight permit issued under regulation 21.200.

specialised helicopter operation means a helicopter operation that involves the carriage of persons or cargo:

 (a) between the coast of Australia and an offshore installation; or

 (b) between offshore installations; or

 (c) to or from the helipad of:

 (i) a hospital; or

 (ii) a State or Territory service (however described) established to provide assistance in emergencies.

special purpose operation, for an aircraft in the limited category, means an operation mentioned in subregulation 21.189(3).

sport aviation body means:

 (a) Australian Ballooning Federation Incorporated; or

 (b) Australian Parachute Federation Limited; or

 (c) Australian Sport Rotorcraft Association Incorporated; or

 (d) Recreational Aviation Australia Incorporated; or

 (e) The Gliding Federation of Australia Incorporated; or

 (f) Hang Gliding Federation of Australia Incorporated; or

 (g) a body established in a Contracting State to administer sport aviation in that State.

standard certificate of airworthiness: see regulation 21.175.

standard part means a part that complies with a specification that:

 (a) is established, published and maintained by:

 (i) an organisation that sets consensus standards for products; or

 (ii) a government agency; and

 (b) includes:

 (i) design, manufacturing, test and acceptance criteria; and

 (ii) requirements for the uniform identification of the part.

Example: For subparagraph (a)(i), the Institute of Electrical and Electronics Engineerssee http://www.ieee.org/portal/site.

standard RPA operating conditions: see regulation 101.238.

State of Design has the meaning given by Annex 8 to the Chicago Convention.

State of registry, for a foreign registered aircraft, means the foreign country on whose register the aircraft is entered.

student pilot means:

 (a) for aircraft other than balloons—a person who is authorised to pilot an aircraft under regulation 61.112; or

 (b) for balloons—a person who:

 (i) does not hold a commercial (balloon) pilot licence within the meaning of subregulation 5.01(1) of CAR; and

 (ii) is receiving balloon flight training.

successfully participating, in an operator’s approved cyclic training and proficiency program, has the meaning given by regulation 61.010.

supplemental type certificate means a supplemental type certificate issued under regulation 21.113A.

synthetic training device means:

 (a) a flight simulator; or

 (b) a flight training device; or

 (c) a basic instrument flight trainer.

terminal instrument flight procedure means an instrument approach procedure or instrument departure procedure.

tethered, in relation to a lighterthanair aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit movement.

tethered balloon: see regulation 101.105.

these Regulations includes CAR.

timeinservice means:

 (a) for an aircrafteach period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight; and

 (b) for an aircraft engine or propeller that is fitted to an aircrafteach period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight.

tour of duty, for a flight crew member:

 (a) means a period from when the member begins any duties associated with his or her employment before making a flight or series of flights until the member is finally relieved of all such duties after the end of the flight or flights; and

 (b) includes a period during which the member is required by an operator to hold himself or herself available at an aerodrome for the performance of any such duties.

training endorsement: see regulation 61.010.

TSO: see paragraph 21.601(2)(ab).

type, for an aircraft, aircraft engine or propeller, means a design and make of aircraft, aircraft engine or propeller and, where appropriate, refers to a group of essentially similar aircraft, aircraft engines or propellers which, although possibly existing in different models, stem from a common basic design.

type acceptance certificate means a type acceptance certificate issued under regulation 21.029A.

type certificate: see regulation 21.041.

type certificated means issued with a type certificate or type acceptance certificate.

type certificate data sheet means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller.

type certification basis, for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a type certificate.

type design: see regulation 21.031.

unmanned free balloon means a balloon other than a manned free balloon.

unpowered aircraft means an aircraft other than a powered aircraft.

variant: see regulation 61.010.

very light aeroplane means an aeroplane of a kind mentioned in clause CSVLA 1 of EASA CSVLA, as in force from time to time.

very small RPA means an RPA with a gross weight of more than 100 g but less than 2 kg.

VSO means the stalling speed or the minimum steady flight speed in the landing configuration.

Source FARs section 1.2.

Part 2Interpretation of certain expressions not defined in Part 1

1  Parts and materials excluded from the definition of aeronautical product

 (1) For the definition of aeronautical product in section 3 of the Act, a part or material that is part of or used in an aircraft is excluded if:

 (a) the part or material:

 (i) is not mentioned in the approved design for the aircraft; and

 (ii) is not approved in a manner mentioned in regulation 21.305 or 21.305A; or

 (b) the part or material is mentioned in a legislative instrument issued under subclause (2).

 (2) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that specifies that a part or material is excluded from the definition of aeronautical product in section 3 of the Act.

3  Definition of air transport operation

 (1) Air transport operation means a passenger transport operation, or a cargo transport operation, that:

 (a) is conducted for hire or reward; or

 (b) is prescribed by an instrument issued under regulation 201.025.

 (2) However, an operation conducted for a purpose mentioned in paragraph 206(1)(a) of CAR is not an air transport operation.

5  When an aircraft is airworthy

Note: This clause is reserved for future use.

15  Reference to Annexes to Chicago Convention

  In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.

18  Meaning of authorised release certificate

 (1) For the purposes of CAR:

authorised release certificate, for an aircraft component, means a document that complies with regulation 42WA of CAR.

 (2) For the purposes of CASR:

authorised release certificate, for an aeronautical product, means:

 (a) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by or under Part 21a document:

 (i) issued by the manufacturer of the product; and

 (ii) that includes a statement to the effect that the product is serviceable, within the meaning given by subregulation 42.015(1); or

 (b) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by the law of a foreign countrya document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (a); or

 (c) if maintenance has been carried out on the product under these Regulationsa certificate of release to service for the product in relation to the maintenance issued under Division 42.H.4 that is in the approved form; or

 (d) if maintenance has been carried out on the product under the law of a foreign countrya document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (c).

Note 1: For paragraph (a), Part 21 permits the manufacture of aeronautical products in a number of ways, including under APMAs, ATSO authorisations, type certificates and production certificates.

Note 2: For paragraph (c):

(a) a certificate of release to service for an aeronautical product in relation to maintenance carried out on an aeronautical product that is not inhouse maintenance must be in the approved form: see subregulation 42.810(1); and

(b) a certificate of release to service for an aeronautical product in relation to inhouse maintenance carried out on an aeronautical product must either be in the approved form or be in the form of an inhouse release document: see subregulation 42.810(2).

25  Extended meaning of charged with in relation to certain offences

 (1) In these Regulations:

charged with has, in addition to its ordinary meaning, the meaning given by subclause (2).

 (2) For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if:

 (a) a law provides for the issue, in relation to the offence, of an expiation notice; and

 (b) such a notice is issued to the person in relation to the offence.

35  Extended meaning of convicted

 (1) In these Regulations:

convicted has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).

 (2) For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:

 (a) the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or

 (b) the person has been found guilty of the offence but discharged without conviction.

 (3) In addition, a person is taken to have been convicted of a psychoactive substance offence if:

 (a) a law provides for the issue, in relation to the offence, of an expiation notice; and

 (b) such a notice was issued to the person in relation to the offence; and

 (c) the person paid the penalty required by the notice.

 (4) However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.

36  References to particular kinds of flight crew licences, ratings and endorsements

  A reference in these Regulations to a particular kind of flight crew licence, rating or endorsement:

 (a) means a flight crew licence, rating or endorsement of that kind that may be granted under Part 61 (Flight crew licensing); and

 (b) includes a certificate of validation of an overseas flight crew licence that is equivalent to that kind of flight crew licence, rating or endorsement.

Example 1: For paragraph (a), a reference to a commercial pilot licence is a reference to a commercial pilot licence granted under Part 61.

Example 2: For paragraph (a), a reference to an aeroplane lowlevel endorsement is a reference to an aeroplane lowlevel endorsement granted under Part 61.

Example 3: For paragraph (b), a reference to a commercial pilot licence includes a reference to a certification of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence granted under Part 61.

37  References to flight manual

 (1) A reference in these Regulations to an aircraft’s flight manual:

 (a) is a reference to:

 (i) if the aircraft’s type certification basis required the provision of an aircraft flight manualthat manual; or

 (ii) if regulation 21.005 applies to the aircraftthe manual that must be given to the owner of the aircraft under that regulation; or

 (iii) for an aircraft not mentioned in subparagraph (i) or (ii)another document that contains the aircraft’s operating limitations and other information required for safe operation of the aircraft; and

 (b) includes each amendment to the flight manual that:

 (i) is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

 (ia) is approved by a person mentioned in subclause (2); or

 (ii) is made at the direction of CASA under Subpart 11.G; or

 (iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate; and

 (c) includes each supplement to the flight manual that:

 (i) is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

 (ia) is approved by a person mentioned in subclause (2); or

 (ii) is made at the direction of CASA under Subpart 11.G; or

 (iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate.

 (2) For subparagraphs (1)(b)(ia) and (1)(c)(ia), the persons are the following:

 (a) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority;

 (b) 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—the national aviation authority or a person authorised to do so by the national aviation authority.

40  References to operating an aircraft in an area

  In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area.

45  References to EASA certification specifications

  In these Regulations, a reference to EASA, followed by the letters CS, a hyphen and a number, letter or letters, is a reference to the certification specifications, including airworthiness codes and acceptable means of compliance, produced by EASA and identified by that number, letter or letters.

50  References to pilotincommand

Note: This clause is reserved for future use.

60  Meaning of psychoactive substance

 (1) In these Regulations:

psychoactive substance has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.

Note: The definition in that Annex is:

 Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.

 (2) To avoid doubt, in these Regulations:

psychoactive substance:

 (a) includes:

 (i) a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and

 (ii) a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but

 (b) does not include:

 (i) tea, cocoa, chocolate or any other nonalcoholic drink containing caffeine or guarana; or

 (ii) confectionery containing caffeine or guarana.

 (3) In paragraph (a) of the definition of psychoactive substance in subclause (2):

therapeutic substance means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989.

65  Recognised foreign training providers

Note: This clause is reserved for future use.

Part 3Definitions for this Part, Parts 42, 66, 145 and 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG

1  General

  In this Part, Parts 42, 66, 145 and 147, and Subparts 202.BA, 202.CG, 202.GE and 202.GG:

aircraft type training, for a rating, means the training for the rating delivered by a maintenance training organisation in accordance with a course plan for the training approved by CASA under regulation 147.030.

approval rating:

 (a) for a Subpart 42.F organisationhas the meaning given by subregulation 42.015(1); and

 (b) for a Part 145 organisationhas the meaning given by subregulation 145.010(1).

approved maintenance organisation means a Subpart 42.F organisation or a Part 145 organisation.

aviation industry standard means a document specified in the Part 42 Manual of Standards as an aviation industry standard.

base maintenance, for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation’s exposition as being base maintenance for the organisation.

CAR maintenance activities means the following activities conducted under Part 4A of CAR:

 (a) carrying out maintenance on a registered aircraft to which Part 42 does not apply, or on an aircraft component or aircraft material for an aircraft of that kind;

 (b) certifying the completion of maintenance carried out on an aircraft or aircraft component;

 (c) issuing a maintenance release for an aircraft;

 (d) endorsing a maintenance release for an aircraft;

 (e) issuing an authorised release certificate for an aircraft component.

CAR maintenance activities subcontractor, for an approved maintenance organisation: see clause 21.

carries out maintenance, in relation to an approved maintenance organisation, has the meaning given by subclause 5(5).

carrying out maintenance on an aeronautical product has the meaning given by subclause 5(2).

carrying out maintenance on an aircraft has a meaning affected by clause 5.

category A licence means a subcategory A1, A2, A3 or A4 aircraft engineer licence.

category B1 licence means a subcategory B1.1, B1.2, B1.3 or B1.4 aircraft engineer licence.

category B2 licence means a category B2 aircraft engineer licence.

category C licence means a category C aircraft engineer licence.

category training, for a category A, B1 or B2 licence, means training in the required units of competency for the licence or rating.

certification authorisation means an authorisation that an approved maintenance organisation grants to an individual in accordance with the Part 42 Manual of Standards or the Part 145 Manual of Standards to do either or both of the following on behalf of the organisation:

 (a) perform maintenance certifications;

 (b) issue certificates of release to service.

certifying employee, for particular maintenance, means an individual who holds a certification authorisation that is in force from an approved maintenance organisation for the maintenance.

employee, in relation to an approved maintenance organisation, includes:

 (a) a maintenance services subcontractor; and

 (b) a CAR maintenance activities subcontractor.

excluded State means a foreign country specified as an excluded State in the Part 66 Manual of Standards.

exempt public authority has the meaning given by section 9 of the Corporations Act 2001.

foreign company means:

 (a) a body corporate:

 (i) that is incorporated in an external Territory, or outside Australia and the external Territories; and

 (ii) that is not an exempt public authority; or

 (b) an unincorporated body that:

 (i) is formed in an external Territory, or outside Australia and the external Territories; and

 (ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

 (iii) does not have its head office or principal place of business in Australia.

foreign licence means:

 (a) a licence that:

 (i) is granted under a national aviation law of a foreign country, other than a foreign country that is an excluded State; and

 (ii) complies with Annex 1, Personnel Licensing, to the Chicago Convention; and

 (iii) deals with the provision of maintenance services; or

 (b) an authorisation that:

 (i) is issued by a foreign company, other than a foreign company incorporated or formed in an excluded State; and

 (ii) deals with the provision of maintenance services; or

 (c) a licence mentioned in paragraph (a) and an authorisation mentioned in paragraph (b) that together deal with the provision of maintenance services.

instructions for continuing airworthiness, for an aircraft or aeronautical product, has the meaning given by clause 10.

large aircraft means:

 (a) an aeroplane that:

 (i) has a maximum takeoff weight of more than 5 700 kg; and

 (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of small aircraft; or

 (b) an aeroplane that:

 (i) has a maximum takeoff weight of not more than 5 700 kg; and

 (ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft; or

 (c) a helicopter that:

 (i) has more than 1 engine; and

 (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of small aircraft; or

 (d) a helicopter that:

 (i) has only 1 engine; and

 (ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft.

line maintenance, for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation’s exposition as being line maintenance for the organisation.

maintenance certification means a certification performed under Division 42.H.2.

maintenance data has the meaning given by clause 15.

maintenance services means the following:

 (a) carrying out maintenance on an aircraft or an aeronautical product;

 (b) performing maintenance certification for maintenance carried out on an aircraft;

 (c) issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product.

maintenance services subcontractor, for an approved maintenance organisation, has the meaning given by clause 20.

maintenance training means category training or aircraft type training.

maintenance training organisation means a person who holds an approval under regulation 147.030 that is in force.

Part 66 Manual of Standards means the Manual of Standards issued by CASA under regulation 66.015.

Part 145 Manual of Standards means the Manual of Standards issued by CASA under regulation 145.015.

Part 147 Manual of Standards means the Manual of Standards issued by CASA under regulation 147.015.

permitted aircraft type means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as one for which an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment.

permitted training means:

 (a) training and assessment for an aircraft type, within the meaning given by regulation 66.010, aircraft system or subset of an aircraft system specified in the Part 66 Manual of Standards as one for which a Part 145 organisation may provide training and assessment; or

 (b) training and assessment for a permitted aircraft type.

provides has the meaning given by clause 25.

rating means an authorisation granted under regulation 66.080 or 66.095, being a permission:

 (a) to perform maintenance certification, under a category B1 or B2 licence, for maintenance carried out on a particular aircraft type; or

 (b) to issue a certificate of release to service, under a category B1, B2, or C licence, for an aircraft of a particular aircraft type in relation to maintenance carried out on the aircraft.

recognised State means a foreign country specified as a recognised State in the Part 66 Manual of Standards.

small aircraft means:

 (a) an aeroplane that:

 (i) has a maximum takeoff weight of not more than 5 700 kg; and

 (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of large aircraft; or

 (b) an aeroplane that:

 (i) has a maximum takeoff weight of more than 5 700 kg; and

 (ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft; or

 (c) a helicopter that:

 (i) has only 1 engine; and

 (ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of large aircraft; or

 (d) a helicopter that:

 (i) has more than 1 engine; and

 (ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft.

specialist maintenance means:

 (a) for a Subpart 42.F organisation:

 (i) maintenance specified in the Part 42 Manual of Standards as specialist maintenance; and

 (ii) maintenance that CASA has approved in the organisation’s exposition as being specialist maintenance for the organisation; and

 (b) for a Part 145 organisation:

 (i) maintenance specified in the Part 145 Manual of Standards as specialist maintenance; and

 (ii) maintenance that CASA has approved in the organisation’s exposition as being specialist maintenance for the organisation.

Subpart 42.F organisation means a person who holds an approval under regulation 42.515 that is in force.

supervising, in relation to maintenance being carried out, has the meaning given by clause 30.

type rated aircraft type, for an aircraft engineer licence, means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as a type rated aircraft type for the licence.

unit of competency means a unit of the Australian Qualifications Framework Aeroskills Training Package, as in force from time to time.

5  Definitions relating to carrying out maintenance

Meaning of carrying out maintenance on an aircraft

 (1) A reference to carrying out maintenance on an aircraft includes:

 (a) carrying out maintenance on an aeronautical product that is fitted to the aircraft at the time the maintenance is carried out; and

 (b) carrying out maintenance on an aeronautical product that is not fitted to the aircraft at the time the maintenance is carried out, in the circumstances mentioned in subclause (3) or (4).

Meaning of carrying out maintenance on an aeronautical product

 (2) A reference to carrying out maintenance on an aeronautical product is a reference to carrying out maintenance on an aeronautical product that is not fitted to an aircraft at the time the maintenance is carried out, other than in the circumstances mentioned in subclause (3) or (4).

 (3) The circumstances are that:

 (a) the aeronautical product (the removed product) is removed from a location on the aircraft; and

 (b) the removal of the removed product is permitted, by the maintenance data for maintenance to be carried out on the removed product, for the purpose of improving access for the carrying out of maintenance on that product; and

 (c) the removed product is returned to the same location on the aircraft at the completion of the maintenance for which it was removed.

 (4) The circumstances are that:

 (a) the aeronautical product (the removed product) is removed from a location on the aircraft; and

 (b) the removal of the removed product is for the purpose of carrying out maintenance that is necessary to rectify a defect in the removed product; and

 (c) the maintenance data for the maintenance does not require the use of specified tools or equipment for carrying out the maintenance; and

 (d) the removed product is returned to the same location on the aircraft at the completion of the maintenance; and

 (e) the serviceability of the removed product can be tested, using an aircraft system, after the removed product is returned to the aircraft.

Carrying out of maintenance by approved maintenance organisations

 (5) An approved maintenance organisation carries out maintenance if the maintenance is carried out on the organisation’s behalf by an individual.

10  Meaning of instructions for continuing airworthiness

 (1) Instructions for continuing airworthiness, for an aircraft or aeronautical product, means written instructions, as in force from time to time:

 (a) that specify requirements, procedures and standards for the continuing airworthiness of the aircraft or aeronautical product; and

 (b) that are:

 (i) issued by any of the persons mentioned in subclause (2); or

 (ii) for an aircraft or aeronautical product for which there is a design for a modification or repair that is taken to have been approved under subregulation 21.465 or 21.470included, or referred to, in the document that contains the design.

 (2) The persons are the following:

 (a) the holder of the type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate for the aircraft or aeronautical product;

 (b) the holder of any of the following for the design of a modification of, or a repair to, the aircraft or aeronautical product:

 (i) a modification/repair design approval; or

 (ii) an approval mentioned in regulation 21.475; or

 (iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056;

 (c) the manufacturer of the aircraft or aeronautical product.

15  Meaning of maintenance data

 (1) Subject to subclauses (2), (3) and (4), maintenance data, for maintenance to be carried out on an aircraft or aeronautical product, means procedures for carrying out the maintenance, as in force from time to time, that are mentioned in:

 (a) the instructions for continuing airworthiness for the aircraft or aeronautical product; or

 (b) if the instructions for continuing airworthiness do not include procedures for carrying out the maintenancean aviation industry standard that applies to the maintenance.

 (2) Subject to subclauses (3) and (4), if, at a particular time:

 (a) a Part 145 organisation is carrying out maintenance on an aircraft or aeronautical product; and

 (b) the organisation has written a procedure for carrying out the maintenance;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the organisation.

 (3) Subject to subclause (4), if, at a particular time:

 (a) a continuing airworthiness management organisation is providing continuing airworthiness services for an aircraft; and

 (b) the organisation has written a procedure for carrying out the maintenance on the aircraft or on an aeronautical product fitted to the aircraft;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the aircraft or aeronautical product.

 (4) If, at a particular time, an airworthiness directive that applies to an aircraft or aeronautical product mentions a procedure for carrying out the maintenance, then, at that time, the procedure in the airworthiness directive is the maintenance data for the maintenance.

20  Meaning of maintenance services subcontractor

 (1) A person is a maintenance services subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to provide maintenance services on behalf of the organisation.

 (2) An employee of a maintenance services subcontractor under subclause (1) is also a maintenance services subcontractor.

21  Meaning of CAR maintenance activities subcontractor

 (1) A person is a CAR maintenance activities subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to undertake CAR maintenance activities on behalf of the organisation.

 (2) An employee of a CAR maintenance activities subcontractor under subclause (1) is also a CAR maintenance activities subcontractor.

25  Meaning of provides

  An organisation provides any of the following services or training if its employees provide the service or training for or on behalf of the organisation:

 (a) maintenance services;

 (b) permitted training;

 (c) continuing airworthiness management services;

 (d) maintenance training.

30  Meaning of supervising

  A person (the supervisor) is supervising the carrying out of maintenance done by another person if the supervisor:

 (a) is physically present at the place that the maintenance is being carried out; and

 (b) is observing the maintenance being carried out to the extent necessary to enable the supervisor to form an opinion as to whether the maintenance is being carried out properly; and

 (c) is available to give advice to, and answer questions about the maintenance from, the person carrying it out.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal and Assent

Commencement

Application, saving and transitional provisions

237, 1998

22 July 1998

SubPt F, G, J, K and O of Pt 21: 1 Dec 1998 (r 1.2(1))
Remainder: 1 Oct 1998 (r 1.2(2))

 

166, 1999

16 Aug 1999

Sch 1: 16 Aug 1999 (r 2(2))

262, 1999

27 Oct 1999

Sch 1: 1 Jan 2000 (r 2(c))

7, 2000

23 Feb 2000

23 Feb 2000 (r 2)

204, 2000

31 July 2000

r 5–8 and Sch 2: 1 Oct 2000 (r 2(b))
Sch 1: 31 July 2000 (r 2(a))
Note: Pt 47 of Sch 2 (item 7) was disallowed by the Senate on 8 Nov 2000

r 58

as amended by

 

 

 

345, 2004

8 Dec 2004

Sch 3: 8 Dec 2004 (r 2)

227, 2000

17 Aug 2000

r 4 and Sch 2: 17 Aug 2000 (r 2(b))
Sch 1: 1 Dec 1998 (r 2(a))
Sch 4: 1 Sept 2000 (r 2(c))

r 4

34, 2001

1 Mar 2001

1 Mar 2001 (r 2)

242, 2001

5 Sept 2001

5 Sept 2001 (r 2)

349, 2001

21 Dec 2001

r 4 and Sch 1: 1 July 2002 (r 2)

r 4

as amended by

 

 

 

79, 2002

18 Apr 2002

18 Apr 2002 (r 2)

345, 2004

8 Dec 2004

Sch 4: 8 Dec 2004 (r 2)

167, 2002

3 July 2002

r 5 and Sch 1: 1 May 2003 (r 2)

r 5

as amended by

 

 

 

345, 2004

8 Dec 2004

Sch 5: 8 Dec 2004 (r 2)

266, 2002

6 Nov 2002

1 July 2002 (r 2)

268, 2002

6 Nov 2002

Sch 1: 6 Nov 2002 (r 2)

320, 2002

19 Dec 2002

19 Dec 2002 (r 2)

321, 2002

19 Dec 2002

19 Dec 2002 (r 2)

349, 2002

20 Dec 2002

20 Dec 2002 (r 2)

350, 2002

20 Dec 2002

Sch 1 and 3: 20 Dec 2002 (r 2)

58, 2003

14 Apr 2003

Sch 1: 2 May 2003 (r 2(b))

75, 2003

1 May 2003

Sch 1: 1 May 2003 (r 2(a))
Sch 3: 3 May 2003 (r 2(b))

189, 2003

24 July 2003

Sch 1: 1 Oct 2003 (r 2)

232, 2003

3 Sept 2003

Sch 1: 3 Sept 2003 (r 2)

240, 2003

18 Sept 2003

Sch 2: 18 Sept 2003 (r 2)

297, 2003

27 Nov 2003

27 Nov 2003 (r 2)

365, 2003

23 Dec 2003

Sch 1: 23 Dec 2003 (r 2(a))
Sch 2: 1 Jan 2004 (r 2(b))
Sch 4: 1 July 2004 (r 2(c))

4, 2004

12 Feb 2004

20 Feb 2004 (r 2)

134, 2004

18 June 2004

Sch 2: 15 Nov 2004 (r 2)

216, 2004

15 July 2004

Sch 2: 15 July 2004 (r 2)

222, 2004

22 July 2004

Sch 4: 1 July 2004 (r 2)

230, 2004

28 July 2004

28 July 2004 (r 2)

345, 2004

8 Dec 2004

Sch 2: 8 Dec 2004 (r 2)

207, 2005

19 Sept 2005 (F2005L02673)

Sch 1 (items 1–3): 1 Oct 2005 (r 2)

242, 2005

24 Oct 2005 (F2005L03219)

Sch 1: 25 Oct 2005 (r 2)

258, 2005

15 Nov 2005 (F2005L03421)

16 Nov 2005 (r 2)

321, 2005

19 Dec 2005 (F2005L04039)

Sch 1: 20 Dec 2005 (r 2)

323, 2005

19 Dec 2005 (F2005L04033)

20 Dec 2005 (r 2)

124, 2006

2 June 2006 (F2006L01624)

3 June 2006 (r 2)

185, 2006

17 July 2006 (F2006L02115)

18 July 2006 (r 2)

41, 2007

26 Mar 2007 (F2007L00794)

25 May 2007 (r 2)

172, 2007

26 June 2007 (F2007L01842)

1 July 2007 (r 2)

226, 2007

24 July 2007 (F2007L02284)

25 July 2007 (r 2)

192, 2008

22 Sept 2008 (F2008L03483)

23 Sept 2008 (r 2)

274, 2008

18 Dec 2008 (F2008L04644)

19 Dec 2008 (r 2)

275, 2008

18 Dec 2008 (F2008L04587)

19 Dec 2008 (r 2)

64, 2009

15 Apr 2009 (F2009L01295)

Sch 1: 16 Apr 2009 (r 2(a))
Sch 2: 1 Oct 2009 (r 2(b))

147, 2009

26 June 2009 (F2009L02511)

1 July 2009 (r 2)

232, 2009

9 Sept 2009 (F2009L03481)

10 Sept 2009 (r 2)

120, 2010

7 June 2010 (F2010L01546)

8 June 2010 (r 2)

277, 2010

19 Nov 2010 (F2010L03002)

Sch 2: 1 Mar 2012 (r 2(b))
Sch 3: repealed before commencing (r 2(c))
Remainder: 1 Dec 2010 (r 2(a))

as amended by

 

 

 

245, 2015

14 Dec 2015 (F2015L01980)

Sch 1 (items 4–7): 15 Dec 2015 (s 2(1) item 2)

328, 2010

14 Dec 2010 (F2010L03195)

Sch 1: 27 June 2011 (r 2(a))

76, 2011

7 June 2011 (F2011L00968)

Sch 1: 27 June 2011 (r 2)

77, 2011

8 June 2011 (F2011L00971)

Sch 1: 27 June 2011 (r 2)

120, 2011

30 June 2011 (F2011L01364)

Sch 2 (items 10, 11): 1 July 2011 (r 2)

164, 2011

2 Sept 2011 (F2011L01804)

3 Sept 2011 (r 2)

265, 2011

12 Dec 2011 (F2011L02648)

Sch 2: 1 Apr 2012 (r 2(b))
Remainder: 13 Dec 2011 (r 2(a))

107, 2012

14 June 2012 (F2012L01199)

15 June 2012 (s 2)

5, 2013

19 Feb 2013 (F2013L00218)

Sch 1: 1 Sept 2014 (s 2)

as amended by

 

 

 

254, 2013

25 Nov 2013 (F2013L01976)

Sch 1 (items 2–10): 26 Nov 2013 (s 2)

274, 2013

17 Dec 2013 (F2013L02129)

Sch 2: 18 Dec 2013 (s 2 item 3)

80, 2013

20 May 2013 (F2013L00798)

Sch 1 (items 8–123, 125, 126, 128–152): 21 May 2013 (s 2)

188, 2013

26 July 2013 (F2013L01444)

Sch 1 (items 6–81): 1 Mar 2014 (s 2)

222, 2013

8 Aug 2013 (F2013L01539)

Sch 1 (item 2): 1 Sept 2014 (s 2)

as amended by

 

 

 

254, 2013

25 Nov 2013 (F2013L01976)

Sch 1 (item 1): 26 Nov 2013 (s 2)

274, 2013

17 Dec 2013 (F2013L02129)

Sch 1 (items 22–464, 468–476): 1 Sept 2014 (s 2 item 2)

275, 2013

17 Dec 2013 (F2013L02128)

Sch 1 (items 9–81): 18 Dec 2013 (s 2)

40, 2014

15 Apr 2014 (F2014L00414)

Sch 1 (items 12–35): 1 May 2014 (s 2 item 2)
Sch 2: 1 Sept 2014 (s 2 item 3)

125, 2014

25 Aug 2014 (F2014L01122)

Sch 1 (items 4–219): 1 Sept 2014 (s 2)

as amended by

 

 

 

Act No 145, 2015

12 Nov 2015

Sch 2 (item 6): 1 Sept 2014 (s 2(1) item 6)

135, 2014

23 Sept 2014 (F2014L01261)

Sch 1 (items 3–6): 5 Mar 2015 (s 2)

166, 2014

3 Nov 2014 (F2014L01470)

Sch 1 (items 4–33): 4 Nov 2014 (s 2)

204, 2014

16 Dec 2014 (F2014L01717)

1 Sept 2015 (s 2)

90, 2015

19 June 2015 (F2015L00854)

Sch 2 (item 74): 1 July 2015 (s 2(1) item 2)

245, 2015

14 Dec 2015 (F2015L01980)

Sch 1 (items 8–10): 15 Dec 2015 (s 2(1) item 2)
Sch 2 (items 5–53): 1 June 2016 (s 2(1) item 3)
Sch 3 (items 3–17): 4 July 2016 (s 2(1) item 4)

246, 2015

14 Dec 2015 (F2015L01992)

Sch 1 (items 1–33): 4 July 2016 (s 2(1) item 2)
Sch 1 (items 46–48): 15 Dec 2015 (s 2(1) item 3)

247, 2015

14 Dec 2015 (F2015L01995)

Sch 1 (items 4–9): 20 Apr 2016 (s 2(1) item 1)

 

Name

Registration

Commencement

Application, saving and transitional provisions

Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016

29 Feb 2016 (F2016L00170)

Sch 1 (items 8–14): 5 Mar 2016 (s 2(1) item 1)

Civil Aviation Legislation Amendment (Part 101) Regulation 2016

29 Mar 2016 (F2016L00400)

Sch 1 (items 5102): 29 Sept 2016 (s 2(1) item 1)

Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016

9 May 2016 (F2016L00717)

Sch 2 (item 4) and Sch 3: 16 June 2016 (s 2(1) item 1)

Sch 3

Civil Aviation Legislation Amendment (Miscellaneous Measures) Regulation 2016

16 Sept 2016 (F2016L01448)

Sch 1 (items 28–75) and Sch 2: 17 Sept 2016 (s 2(1) item 1)

Civil Aviation Legislation Amendment (Part 132) Regulation 2016

28 Oct 2016 (F2016L01655)

Sch 1 (items 13–40): 28 Jan 2017 (s 2(1) item 1)

Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016

13 Dec 2016 (F2016L01926)

Sch 1 (item 17): 1 Mar 2017 (s 2(1) item 2)

Civil Aviation Safety Amendment (Flight Crew Licensing and Other Measures) Regulations 2017

20 June 2017 (F2017L00697)

21 June 2017 (s 2(1) item 1)

Civil Aviation Safety Amendment (Part 90) Regulations 2017

11 Sept 2017 (F2017L01149)

12 Sept 2017 (s 2(1) item1)

Air Navigation (Aircraft Noise—Repeal and Consequential Amendments) Regulations 2018

29 Mar 2018 (F2018L00449)

Sch 1 (item 8): 1 Apr 2018 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Guide...................

ad No 350, 2002

 

am No 345, 2004; No 323, 2005; No 172, 2007

 

rep No 77, 2011

Part 1

 

Part 1...................

am No 345, 2004; No 80, 2013; No 275, 2013

r 1.0....................

ad No 204, 2000

 

am No 350, 2002

r 1.000 (prev r 1.0)..........

renum No 350, 2002

 

rep No 345, 2004

r 1.1....................

rs No 350, 2002

r 1.001 (prev r 1.1)..........

renum No 350, 2002

r 1.2....................

rep No 350, 2002

r 1.003 (prev r 1.3)..........

renum No 350, 2002

 

am No 80, 2013

r 1.4....................

rs No 204, 2000

r 1.004 (prev r 1.4)..........

renum No 350, 2002

 

am No 345, 2004

r 1.5....................

rep No 204, 2000

r 1.005..................

ad No 345, 2004

r 1.006 (prev r 1.6)..........

renum No 350, 2002

 

rs No 345, 2004

 

rep No 275, 2013

 

ad No 166, 2014

r 1.007 (prev r 1.7)..........

renum No 350, 2002

 

am No 80, 2013

 

rep No 275, 2013

r 1.008..................

ad No 345, 2004

 

am F2016L01448

Part 11

 

Part 11..................

ad No 204, 2000

 

rs No 345, 2004

 

am No 80, 2013; No 188, 2013; No 274, 2013 (Sch 1 item 22 md)

Subpart 11.A

 

r 11.005.................

ad No 345, 2004

 

rs No 77, 2011

r 11.010.................

ad No 345, 2004

 

am No 77, 2011

r 11.015.................

ad No 345, 2004

 

am No 77, 2011; No 80, 2013

r 11.018.................

ad No 77, 2011

Subpart 11.B

 

Subpart 11.B heading.........

rs No 77, 2011

r 11.020.................

ad No 345, 2004

r 11.025.................

ad No 345, 2004

 

rs No 77, 2011

 

am No 80, 2013; No 188, 2013

r 11.026.................

ad No 188, 2013

r 11.027.................

ad F2016L01655

r 11.028.................

ad No 5, 2013

r 11.030.................

ad No 345, 2004

 

am No 77, 2011

r 11.032.................

ad No 77, 2011

r 11.035.................

ad No 345, 2004

 

am No 77, 2011

r 11.040.................

ad No 345, 2004

 

am No 77, 2011; F2016L01655

r 11.045.................

ad No 345, 2004

 

am No 77, 2011

r 11.047.................

ad No 77, 2011

r 11.050.................

ad No 345, 2004

 

am No 77, 2011

Subpart 11.BA

 

Subpart 11.BA heading.......

ad No 77, 2011

r 11.055.................

ad No 345, 2004

 

am No 77, 2011; No 80, 2013

r 11.056.................

ad No 77, 2011

 

am No 80, 2013; No 274, 2013; F2016L01655

r 11.060.................

ad No 345, 2004

 

rs No 77, 2011

 

am No 80, 2013

r 11.065.................

ad No 345, 2004

 

am No 77, 2011

r 11.067.................

ad No 77, 2011

 

am No 80, 2013

r 11.068.................

ad No 77, 2011

r 11.070.................

ad No 345, 2004

 

rs No 77, 2011

r 11.071.................

ad No 77, 2011

r 11.072.................

ad No 77, 2011

 

am F2016L01926

r 11.073.................

ad No 77, 2011

r 11.074.................

ad No 77, 2011

r 11.075.................

ad No 77, 2011

r 11.077.................

ad No 77, 2011

r 11.080.................

ad No 345, 2004

 

rep No 77, 2011

 

ad No 80, 2013

 

am No 245, 2015

Subpart 11.C

 

r 11.090.................

ad No 345, 2004

 

am No 77, 2011

r 11.095.................

ad No 345, 2004

 

am No 77, 2011

r 11.100.................

ad No 345, 2004

r 11.105.................

ad No 345, 2004

r 11.110.................

ad No 345, 2004

 

am No 77, 2011

r 11.115.................

ad No 345, 2004

Subpart 11.D

 

Subpart 11.D heading.........

rs No 274, 2013

r 11.120.................

ad No 345, 2004

 

rs No 77, 2011; No 274, 2013

r 11.125.................

ad No 345, 2004

 

am No 77, 2011

r 11.130.................

ad No 345, 2004

 

am No 77, 2011; No 274, 2013; No 204, 2014

r 11.132.................

ad No 77, 2011

Subpart 11.E

 

r 11.135.................

ad No 345, 2004

 

rs No 77, 2011

r 11.140.................

ad No 345, 2004

 

am No 77, 2011

r 11.145.................

ad No 345, 2004

 

am No 77, 2011

r 11.150.................

ad No 345, 2004

 

am No 77, 2011

Subpart 11.F

 

Subpart 11.F heading.........

rs No 77, 2011

Division 11.F.1

 

r 11.155.................

ad No 345, 2004

 

am No 77, 2011

r 11.160.................

ad No 345, 2004

 

am No 77, 2011; F2016L00170

r 11.165.................

ad No 345, 2004

 

am No 77, 2011

r 11.170.................

ad No 345, 2004

r 11.175.................

ad No 345, 2004

Division 11.F.2

 

r 11.180.................