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. 88

Compilation date: 7 October 2020

Includes amendments up to: F2020L01283

Registered: 14 October 2020

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 200.001A–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 7 October 2020 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1—Preliminary

1.001 Name of Regulations

1.003 Harmonisation with FARs

1.004 Dictionary

1.006 Status of tables of contents

1.008 Manuals of Standards

Part 11—Regulatory administrative procedures

Subpart 11.A—Preliminary

11.005 Purpose of Part

11.010 What is in this Part

11.015 Definitions for Part

11.018 Approval of forms

Subpart 11.B—Applications for authorisations

11.020 Effect of this Subpart

11.025 Application of Part 11 to authorised persons

11.026 Application of Part 11 to approved design organisations

11.027 Application of Part 11 to relevant approved organisations

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

11.030 When application taken to be complete

11.032 Application for authorisation after previous authorisation cancelled

11.033 Applications by agents

11.034 Requirements for applications made by agents

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

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

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

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

11.050 Material that CASA may or must take into account

Subpart 11.BA—Granting authorisations etc

11.055 Grant of authorisation

11.056 Authorisation may be granted subject to conditions

11.060 Notice of decision

11.065 When authorisation comes into effect

11.067 Imposing and varying conditions after grant of authorisation

11.068 Conditions imposed on class of authorisations

11.070 Conditions of authorisations—change of name or address

11.071 Conditions of authorisations—change of nationality

11.072 Conditions of authorisations—change of business status

11.073 Conditions of authorisations—notice of death, dissolution etc

11.074 Conditions of authorisations—notice required by CASA

11.075 Conditions of authorisations—provision of information

11.077 Breach of conditions—offence

11.080 Authorisations not transferable

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

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

11.095 Authorisation document—maintenance operation authorisations

11.100 Registration certificate (Chicago Convention, Annex 7)

11.105 Certificate of Airworthiness (Chicago Convention, Annex 8)

11.110 Authorisation document—other authorisations

11.115 Replacement documents

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

11.120 What Subpart 11.D is about

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

11.130 Suspension or cancellation of authorisation

11.132 Effect of suspension

Subpart 11.E—Timelimited authorisations

11.135 Purpose of Subpart

11.140 Continuation of authorisation until application decided

11.145 Application of Subparts 11.B and 11.BA

11.150 Conditions on new authorisation

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

Division 11.F.1—Grant of standard exemptions

11.155 Purpose of Division

11.160 What exemptions can be granted under this Division

11.165 Applications for exemptions

11.170 Consideration of applications

11.175 Renewal of exemptions under this Division

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

11.180 Purpose of Division

11.185 Exemptions in exceptional circumstances

11.190 Application

11.195 Consideration by CASA

Division 11.F.3—Exemptions generally

11.200 Purpose of Division

11.205 Conditions

11.210 Offence: failure to comply with condition

11.220 Notice of grant of exemption

11.225 Publication of exemption

11.230 When exemptions cease

11.235 Exemptions not transferable

Subpart 11.G—Directions

11.240 Purpose of Subpart

11.245 CASA may issue directions

11.250 Period of effect of direction

11.255 Contravention of direction

Subpart 11.H—Delegation of CASA’s powers

11.260 Delegation

Subpart 11.J—Manuals of Standards—procedures

11.265 Purpose of Subpart

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

11.270 Definition—MOS

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

11.280 Notice of intention to issue Manuals of Standards

11.285 Comments on draft Manuals of Standards

11.290 CASA to consider comments on draft Manuals of Standards

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

Part 13—Enforcement procedures

Subpart 13.K—Voluntary reporting and demerit points schemes

Division 13.K.1—Aviation Self Reporting Scheme

13.320 Definitions

13.325 Contraventions that are not reportable

13.330 Prescribed person (Act s 30DM)

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

13.340 Powers and functions of Executive Director

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

13.350 Processing of reports

13.355 Reports relating to unlawful interference

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

13.365 Delegation by Executive Director

Division 13.K.2—Demerit points scheme

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

13.375 Classes of civil aviation authorisations

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

Part 21—Certification and airworthiness requirements for aircraft and parts

Subpart 21.A—General

21.001 Applicability

21.001A Definition for Subpart

21.002C Suspension or cancellation of an instrument

21.002D Show cause notices

21.002E Cancellation of certain certificates

21.003 Reporting failures, malfunctions, and defects

21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft

21.006 Approval of aircraft flight manuals

21.006A Approval of changes to aircraft flight manuals

21.007 Permissible unserviceabilities

21.007A Advice about major damage

21.008 Meaning of technical data

21.009 Approval of technical data

21.010 References to modifications and repairs in Part

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

21.010B Definition of recognised country

21.010C References to countries with which Australia has agreements

21.010D Issue of Manual of Standards for Part 21

Subpart 21.B—Type certificates and type acceptance certificates

21.011 Applicability

21.013 Eligibility

21.013A Issue of type certificate

21.014 Recognition of foreign certification

21.015 Application for type certificate

21.016 Special standards and other conditions on type certificates

21.017 Designation of applicable airworthiness standards

21.019 Changes requiring a new type certificate

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

21.024 Type certificate: primary category aircraft

21.025 Issue of type certificate: restricted category aircraft

21.026 Type certificate: intermediate category aircraft

21.027 Type certificate: surplus aircraft of the Armed Forces

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

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

21.029B Issue of type acceptance certificates subject to conditions

21.029C Refusal to issue type acceptance certificate

21.031 Type design—meaning

21.033 Inspection and tests

21.035 Flight tests

21.037 Flight test pilot

21.039 Flight test instrument calibration and correction report

21.041 Type certificate—meaning

21.043 Location of manufacturing facilities

21.047 Transfer of type certificates

21.048 Licensing of type certificates

21.049 Availability

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

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

21.053 Statement of conformity

Subpart 21.C—Provisional type certificates

21.071 Applicability

21.073 Eligibility

21.075 Application

21.076 Issue of provisional type certificate

21.077 Duration

21.078 Suspension and cancellation

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

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

21.085 Provisional amendments to type certificates

Subpart 21.D—Changes to type certificates

21.091 Applicability

21.093 Classification of changes in type design

21.095 Approval of minor changes in type design

21.097 Eligibility for approval of major changes in type design

21.098 Issue of approval of major change in type design

21.099 Required design changes

21.101 Designation of applicable regulations

Subpart 21.E—Supplemental type certificates

21.111 Applicability

21.113 Eligibility for supplemental type certificate

21.113A Issue of supplemental type certificate

21.114 Foreign supplemental type certificates

21.115 Entitlement to supplemental type certificate—meeting applicable airworthiness requirements

21.117 What supplemental type certificates are taken to consist of

21.118 Duration, suspension and cancellation of supplemental type certificates

21.119 Duration, suspension and cancellation of foreign supplemental type certificates

21.120 Transfer of supplemental type certificates

21.120A Licensing of supplemental type certificates

21.120B Variations of supplemental type certificates

Subpart 21.F—Production under type certificate only

21.121 Applicability

21.123 Production under type certificate

21.125 Production inspection system: Materials Review Board

21.127 Tests: aircraft

21.128 Tests: aircraft engines

21.129 Tests: variable pitch propellers

21.130 Statement of conformity

21.130A Records to be kept by manufacturer

Subpart 21.G—Production certificates

21.131 Applicability

21.132 Definitions for Subpart 21.G

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

21.133 Eligibility

21.134 Issue of production certificate

21.135 Requirements for entitlement

21.137 Location of manufacturing facilities

21.139 Quality system

21.143 Quality system data requirements: prime manufacturer

21.144 Production inspection system

21.145 Materials Review Board

21.147 Changes in quality system

21.149 Multiple products

21.151 Production limitation record

21.153 Amendment of production certificate

21.157 Inspections and tests

21.159 Duration

21.161 Display

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

21.165 Responsibility of holder of production certificate

21.166 Records to be kept by holder of production certificate

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

21.171 Applicability

21.172 Definitions for Subpart

21.173 Eligibility

21.174 Applications for limited category certificates made to CASA—giving to limited category organisation

21.175 Certificates of airworthiness: classification

21.176 Issue of certain certificates of airworthiness

21.179 Transferability

21.181 Duration of certain certificates of airworthiness

21.182 Aircraft manufacturer’s data plate

21.183 Standard certificates of airworthiness

21.184 Special certificates of airworthiness for primary category aircraft

21.184A Special certificates of airworthiness for intermediate category aircraft

21.185 Certificates of airworthiness for restricted category aircraft

21.186 Special certificates of airworthiness for light sport aircraft

21.187 Multiplecategory airworthiness certification

21.189 Special certificate of airworthiness for limited category aircraft

21.190 Special certificates of airworthiness—amateurbuilt category aircraft accepted under an ABAA

21.191 Experimental certificates

21.192 Experimental certificates: eligibility

21.193 Experimental certificates: general

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

21.195A Issue of experimental certificates

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

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

21.196 Special flight permits: eligibility

21.197 Special flight permits

21.199 Applications for special flight permits

21.200 Issue of special flight permits

21.201 Inspection, suspension and cancellation of special flight permits

Subpart 21.I—Provisional certificates of airworthiness

21.211 Applicability

21.213 Eligibility

21.215 Application

21.216 Issue of provisional certificates of airworthiness

21.217 Duration

21.219 Transferability

21.221 Class I provisional certificates of airworthiness

21.223 Class II provisional certificates of airworthiness

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

Subpart 21.J—Approved design organisations

Division 21.J.1—General

21.231 What Subpart 21.J is about

21.233 Definitions for Subpart 21.J

21.235 Privileges for approved design organisations

21.237 Prohibition of unauthorised carrying out of design activities

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

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

21.241 Applying for approval

21.243 Granting approval

21.245 Approval certificate

21.247 Approval subject to conditions—general

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

21.249 Cancellation, suspension and variation of approval

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

21.251 Authorisation of approved design organisations to carry out certification activities

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

21.253 Application for approval of change to scope of approval

21.255 Application for approval of change to design assurance system

21.256 Change to design assurance system manual at direction of CASA

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

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

21.259 Change to exposition by organisation

21.261 Change to exposition at direction of CASA

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

21.263 Content of exposition

21.265 Compliance with exposition

21.267 Design assurance system

21.269 Requirements for design assurance system—general

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

21.271 Compliance with design assurance system manual

21.273 Audit of approved design organisation by CASA

21.275 Inspections and observations

21.277 Record keeping and production of records to CASA

21.279 Directions to comply with specified procedures or instructions

21.281 Investigation of potentially unsafe condition

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

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

21.301 Applicability

21.303 Replacement and modification parts

21.304A Changes to an APMA

21.305 Approval of materials, parts, processes and appliances

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

21.306 Use of standard parts and materials

Subpart 21.L—Export airworthiness approvals

21.321 Applicability

21.323 Eligibility

21.324 Issue of export airworthiness approvals

21.325 Export airworthiness approvals

21.327 Application

21.329 Issue of export airworthiness approvals for Class I products

21.331 Issue of airworthiness approvals for Class II products

21.333 Issue of export airworthiness approvals for Class III products

21.339 Export airworthiness approval for aircraft

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

Division 21.M.1—Preliminary

21.400 Purpose of Subpart

21.402 Definition of proposed airworthiness standards for Subpart 21.M

21.403 Definition of applicable airworthiness standards for Subpart 21.M

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

21.405 Applications for modification/repair design approvals

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

21.414 Determination of additional airworthiness standards—special conditions

21.416 Determination of nonapplication of airworthiness standards—application to CASA

21.418 Determination of nonapplication of airworthiness standards—application to authorised person or approved design organisation

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

21.425 Applicants to carry out necessary inspections and tests

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

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

21.436 Application to authorised person or approved design organisation—noncompliance with applicable airworthiness standards: determination of equivalent level of safety

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

21.440 Form of modification/repair design approvals

21.445 Variation of modification/repair design approvals

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

21.448 Approvals to which this Division applies

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

21.455 Record keeping and making records available to CASA

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

Division 21.M.4—Other means of approval

21.465 Modifications and repairs directed by CASA

21.470 Foreign modification/repair designs

21.475 Part 21 Manual of Standards may prescribe alternative method of approval of modification and repair designs

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

21.500 Approval of imported aircraft engines and propellers

21.500A Approval of other imported aircraft engines and propellers

21.502 Approval of imported materials, parts and appliances

21.502A Approval of other imported materials, parts and appliances

Subpart 21.O—Australian Technical Standard Order Authorisations

21.601 Applicability

21.603 ATSO marking and privileges

21.605 Application and issue

21.607 General rules governing holders of ATSO authorisations

21.609 Approval for deviation

21.611 Design changes

21.613 Record keeping requirements

21.615 CASA inspection

21.617 Issue of letters of ATSO design approval: import appliances

21.619 Noncompliance

21.621 Duration

Subpart 21.Q—Identification of aircraft and aeronautical products

Division 21.Q.1—Preliminary

21.805 Applicability of this Subpart

21.810 Meaning of fireproof

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

21.815 Applicability of this Division

21.820 Manufacturer’s data plate must be attached to aircraft

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

21.830 Heater assembly of manned free balloon must carry identification mark

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

21.840 Aircraft propellers, blades and hubs must carry identification marks

Division 21.Q.3—Critical parts

21.845 Applicability of this Division

21.850 Identification of critical parts

21.855 Removal or alteration of identification on critical parts

Division 21.Q.4—Aircraft parts

21.860 Applicability of this Division

21.865 Identification of parts produced under an APMA

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

21.875 Identification of other aircraft parts

21.880 Identification of other aircraft parts—other than by marking

Part 22—Airworthiness standards for sailplanes and powered sailplanes

22.001 Airworthiness standards

22.002 Incidental provisions

22.003 Changes to EASA CS22

22.004 Approvals under EASA CS22

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

23.001 Airworthiness standards

23.002 Incidental provisions

23.003 Changes to Part 23 of the FARs

23.004 Changes to EASA CSVLA

23.005 Changes to EASA CS23

23.006 Approvals under Part 23 of the FARs

23.007 Approvals under EASA CSVLA

23.008 Approvals under EASA CS23

Part 25—Airworthiness standards for aeroplanes in the transport category

Subpart 25.A—General

25.001 Airworthiness standards

25.002 Incidental provisions

Subpart 25.B—Changes to FARs and EASA CS25

25.003 Changes to Part 25 of the FARs

25.004 Changes to EASA CS25

25.005 Approvals under Part 25 of the FARs

25.006 Approvals under EASA CS25

Subpart 25.C—Airworthiness standards directed by ICAO

25.011 What this Subpart does

25.013 Leastrisk bomb location

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

26.001 Airworthiness standards

26.002 Incidental provisions

Part 27—Airworthiness standards for rotorcraft in the normal category

27.001 Airworthiness standards

27.002 Incidental provisions

27.003 Changes to Part 27 of the FARs

27.003A Changes to EASA CS27

27.004 Approvals under Part 27 of the FARs

27.005 Approvals under EASA CS27

Part 29—Airworthiness standards for rotorcraft in the transport category

29.001 Airworthiness standards

29.002 Incidental provisions

29.003 Changes to Part 29 of the FARs

29.003A Changes to EASA CS29

29.004 Approvals under Part 29 of the FARs

29.005 Approvals under EASA CS29

Part 31—Airworthiness standards for manned free balloons

31.001 Airworthiness standards

31.002 Incidental provisions

31.003 Changes to Part 31 of the FARs

31.004 Changes to EASA CS31HB

31.005 Changes to EASA CS31GB

31.006 Approvals under Part 31 of the FARs

31.007 Approvals under EASA CS31HB

31.008 Approvals under EASA CS31GB

Part 32—Airworthiness standards for engines for very light aeroplanes

32.001 Airworthiness standards

32.002 Incidental provisions

32.003 Changes to EASA CS22

32.004 Approvals under EASA CS22

Part 33—Airworthiness standards for aircraft engines

33.001 Airworthiness standards

33.002 Incidental provisions

33.003 Changes to Part 33 of the FARs

33.003A Changes to EASA CSE

33.004 Approvals under Part 33 of the FARs

33.005 Approvals under EASA CSE

Part 35—Airworthiness standards for aircraft propellers

35.001 Airworthiness standards

35.002 Incidental provisions

35.003 Changes to Part 35 of the FARs

35.003A Changes to EASA CSP

35.004 Approvals under Part 35 of the FARs

35.005 Approvals under EASA CSP

Part 39—Airworthiness directives

39.001A Definitions

39.001 CASA may issue Australian airworthiness directives

39.002 Aircraft or aeronautical products covered by airworthiness directive

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

39.003 Australian aircraft covered by airworthiness directive not to be operated

39.004 Approvals and exclusions in relation to airworthiness directives

39.005 Documents or things to be sent to CASA

39.006 Request for review of operation of Australian airworthiness directive

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

Part 42—Continuing airworthiness requirements for aircraft and aeronautical products

Subpart 42.A—Preliminary

42.005 Purpose of Part

42.010 Applicability of Part

42.015 Definitions for Part

42.020 Part 42 Manual of Standards

Subpart 42.B—Requirements for registered operators

Division 42.B.1—Preliminary

42.025 Purpose of Subpart

Division 42.B.2—Continuing airworthiness requirements

42.030 Continuing airworthiness requirements—all aircraft

42.035 Condition of AOC—aircraft authorised to operate under AOCs

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

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

42.050 Form of continuing airworthiness management contract—all aircraft

42.055 Giving information in accordance with contract

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

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

42.070 Notice of termination of contract to be given to CASA

42.075 Notice of contravention of Part to be given to CASA

42.080 Maintenance of aircraft and aeronautical products

Division 42.B.3—Recordkeeping requirements in relation to authorisations under regulation 42.630

42.085 Application of Division

42.090 Retaining copies of authorisations

42.095 Keeping lists of authorised pilot licence holders and flight engineers

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

Division 42.C.1—Preliminary

42.100 Purpose of Subpart

42.105 Meaning of person responsible for continuing airworthiness for aircraft

Division 42.C.2—Continuing airworthiness management tasks

42.110 Complying with regulations in this Division

42.115 Rectification of defect to aircraft before flight—all aircraft

42.120 Compliance with airworthiness directives—all aircraft

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

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

42.135 Replacement of life limited aeronautical product—all aircraft

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

42.145 Compliance with maintenance program required—all aircraft

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

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

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

42.165 Removal of aeronautical products fitted as permitted by regulation 42.440

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

Subdivision 42.C.3.1—Continuing airworthiness records system

42.170 Continuing airworthiness records system

Subdivision 42.C.3.2—Information about aircraft

42.175 Requirement to record information

42.180 Information about aircraft engines and propellers

42.185 Information about empty weight of aircraft

42.190 Information about utilisation of aircraft

42.195 Information about compliance with airworthiness directives

42.200 Information about compliance with maintenance program

42.205 Information about modifications

42.210 Information about aeronautical products with life limit

Subdivision 42.C.3.3—Substantiating documents

42.215 Substantiating documents

Subdivision 42.C.3.4—Flight technical log

42.220 Flight technical log

42.225 Availability of flight technical log

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

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

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

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

Subdivision 42.C.3.6—Recording utilisation information

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

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

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

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

42.260 Retention of continuing airworthiness records

42.265 Transfer of continuing airworthiness records for aircraft

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

42.270 Reporting major defects—all aircraft

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

42.280 Action by CASA following report of major defect

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

Subpart 42.D—Maintenance

Division 42.D.1—Preliminary

42.290 Purpose of Subpart

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

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

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

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

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

42.305 Who is permitted to carry out maintenance on aeronautical products

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

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

42.310 General requirements for carrying out maintenance

42.315 Ensuring individuals are competent to carry out maintenance

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

42.325 Maintenance involving modifications and certain repairs

42.330 Removal of tools etc after carrying out maintenance

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

42.335 Meaning of independent individual

42.340 Requirement for verification and record for critical control system maintenance

42.345 Verification and record for critical control system maintenance

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

Subdivision 42.D.6.1—Dealing with defects

42.350 Meaning of qualified individual

42.355 Recording defects

42.360 When qualified individual may defer rectification of defect

42.365 How rectification of defect is deferred

42.370 Record for deferral of rectification of defect

Subdivision 42.D.6.2—Reporting defects

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

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

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

42.390 Reporting requirements

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

42.395 Recording maintenance information for aircraft

42.400 Making maintenance record for aeronautical products

42.405 Provision of maintenance record and other documents to registered operator

42.410 Retention of copy of maintenance record by approved maintenance organisations

Subpart 42.E—Aeronautical products

Division 42.E.1—Preliminary

42.415 Purpose of Subpart

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

42.420 Fitting parts other than standard parts

42.425 Obligations and offences for fitting parts other than standard parts

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

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

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

42.445 Fitting standard parts

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

42.455 Using materials

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

42.460 Control of unserviceable parts

42.465 Control of unsalvageable parts

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

42.470 Meaning of unapproved for parts

42.475 Control of unapproved parts

42.480 Reporting unapproved parts

42.485 Action by CASA following report of unapproved parts

42.490 Action required if parts not required to be kept

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

Division 42.F.1—General

42.495 Purpose of Subpart

42.500 Definitions for Subpart

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

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

42.510 Applying for approval

42.515 Issuing approval

42.520 Approval certificate

42.525 Privileges for Subpart 42.F organisations

42.530 Approval subject to conditions

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

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

42.540 Approval of significant changes

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

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

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

42.555 Provision of maintenance services

42.560 Providing employees with exposition

42.565 Complying with directions

Subpart 42.G—Continuing airworthiness management organisations

Division 42.G.1—General

42.570 Purpose of Subpart

42.575 Definitions for Subpart

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

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

42.585 Applying for approval

42.590 Issuing approval

42.595 Approval certificate

42.600 Privileges for continuing airworthiness management organisations

42.605 Approval subject to conditions

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

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

42.615 Approval of significant changes

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

42.625 CASA may direct continuing airworthiness management organisations to change expositions

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

42.630 When pilot licence holders and flight engineers may be authorised

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

42.640 Directions in relation to authorisations

42.645 Notice of cancellation of authorisation

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

42.650 Provision of continuing airworthiness management services

42.655 Providing employees with exposition

42.660 Copies of authorisations and records

42.665 Complying with directions

42.670 Giving information in accordance with contract

42.675 Notice of contravention of Part to be given to CASA

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

Division 42.H.1—General

42.680 Purpose of Subpart

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

Subdivision 42.H.2.1—Application of Division

42.685 Application of Division

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

42.690 Approved maintenance organisations

42.695 Individuals performing maintenance certification on behalf of approved maintenance organisations

42.700 Independent maintainers

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

42.705 Requirements to be met by individuals before performing maintenance certification

42.710 Requirements to be met by organisations before performing maintenance certification

Subdivision 42.H.2.4—Performance of maintenance certification

42.715 How maintenance certification is performed

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

Subdivision 42.H.3.1—Preliminary

42.720 Application of Division

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

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

42.730 Approved maintenance organisations

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

42.740 Independent maintainers

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

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

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

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

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

42.760 Form and content of certificate of release to service

42.765 How certificate of release to service is issued

Subdivision 42.H.3.5—Recordkeeping

42.770 Retaining copy of certificate of release to service

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

Subdivision 42.H.4.1—Preliminary

42.775 Application of Division

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

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

42.785 Approved maintenance organisations

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

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

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

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

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

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

42.810 Form of certificate of release to service

42.815 How certificate of release to service is issued

Subdivision 42.H.4.5—Recordkeeping and dealing with certificate of release to service

42.820 Additional record for certificate of release to service issued as inhouse release document

42.825 Dealing with certificate of release to service

Subpart 42.I—Airworthiness reviews and airworthiness review certificates

Division 42.I.1—General

42.830 Application of Subpart

42.835 Purpose of Subpart

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

42.840 Who may issue airworthiness review certificate

42.845 Requirements to be met for issue of airworthiness review certificate

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

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

42.860 Form of airworthiness review certificate

42.865 How airworthiness review certificate is issued

42.870 How long airworthiness review certificate remains in force

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

42.875 Who may extend airworthiness review certificate

42.880 Requirements to be met for extension of airworthiness review certificate

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

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

42.895 How airworthiness review certificate is extended

Division 42.I.4—Airworthiness review procedure

42.900 Airworthiness review procedure

Division 42.I.5—Administration

42.905 Record of findings of airworthiness review

42.910 Record of corrective action taken

42.915 Retaining records relating to airworthiness review certificates

42.920 Documents to be sent to CASA and registered operator

42.925 Notice of decision not to issue airworthiness review certificate

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

42.930 Relationship with certificate of airworthiness

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

Division 42.J.1—Preliminary

42.935 Purpose of Subpart

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

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

42.945 Requirements for approval of maintenance programs

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

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

42.960 How approval is given

42.965 Recordkeeping requirements

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

42.970 Application to CASA for approval of maintenance programs

42.975 Form of application

42.980 Approval of maintenance programs by CASA

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

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

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

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

42.1000 Requirements to be met by individuals before approving proposed variations

42.1005 How approval is given

42.1010 Recordkeeping requirements

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

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

42.1020 Form of application

42.1025 Approval of variations by CASA

Subpart 42.K—Directions to vary approved maintenance programs

42.1030 Purpose of Subpart

42.1035 CASA may direct variations of approved maintenance programs

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

Division 42.L.1—Preliminary

42.1040 Purpose of Subpart

Division 42.L.2—Approval of reliability programs

42.1045 Application for approval of reliability programs

42.1050 Approval of reliability programs

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

42.1055 Application for approval of variations of approved reliability programs

42.1060 Approval of variations of approved reliability programs

Subpart 42.M—Requirements for pilots

42.1065 Purpose of Subpart

42.1070 Preflight inspection—all aircraft

42.1075 Recording information in flight technical log—all aircraft

Subpart 42.N—Recordkeeping requirements

42.1080 Purpose of Subpart

42.1085 Requirements for making records made under Part

42.1090 Requirements for keeping records made under Part

42.1095 Change to records made under Part

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

42.1100 Purpose of Subpart

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

Part 1Preliminary

 

 

Table of contents

1.001 Name of Regulations

1.003 Harmonisation with FARs

1.004 Dictionary

1.006 Status of tables of contents

1.008 Manuals of Standards

1.001  Name of Regulations

  These Regulations are the Civil Aviation Safety Regulations 1998.

1.003  Harmonisation with FARs

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

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

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

Example:

21.013 Eligibility

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

 Source FARs section 21.13 modified.

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

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

1.004  Dictionary

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

 (2) Part 1 contains:

 (a) definitions of certain expressions; and

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

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

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

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

 (5) The Dictionary is part of these Regulations.

1.006  Status of tables of contents

  Tables of contents do not form part of these Regulations.

1.008  Manuals of Standards

 (1) In this regulation:

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

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

 (3) To avoid doubt, a MOS may not do the following:

 (a) create an offence or civil penalty;

 (b) provide powers of:

 (i) arrest or detention; or

 (ii) entry, search or seizure;

 (c) impose a tax;

 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in these Regulations;

 (e) directly amend the text of these Regulations.

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

Part 11Regulatory administrative procedures

 

Table of contents

Subpart 11.APreliminary

11.005 Purpose of Part

11.010 What is in this Part

11.015 Definitions for Part

11.018 Approval of forms

Subpart 11.BApplications for authorisations

11.020 Effect of this Subpart

11.025 Application of Part 11 to authorised persons

11.026 Application of Part 11 to approved design organisations

11.027 Application of Part 11 to relevant approved organisations

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

11.030 When application taken to be complete

11.032 Application for authorisation after previous authorisation cancelled

11.033 Applications by agents

11.034 Requirements for applications made by agents

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

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

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

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

11.050 Material that CASA may or must take into account

Subpart 11.BAGranting authorisations etc

11.055 Grant of authorisation

11.056 Authorisation may be granted subject to conditions

11.060 Notice of decision

11.065 When authorisation comes into effect

11.067 Imposing and varying conditions after grant of authorisation

11.068 Conditions imposed on class of authorisations

11.070 Conditions of authorisations—change of name or address

11.071 Conditions of authorisations—change of nationality

11.072 Conditions of authorisations—change of business status

11.073 Conditions of authorisations—notice of death, dissolution etc

11.074 Conditions of authorisations—notice required by CASA

11.075 Conditions of authorisations—provision of information

11.077 Breach of conditions—offence

11.080 Authorisations not transferable

Subpart 11.CAuthorisation documents, certificates and related matters

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

11.095 Authorisation document—maintenance operation authorisations

11.100 Registration certificate (Chicago Convention, Annex 7)

11.105 Certificate of Airworthiness (Chicago Convention, Annex 8)

11.110 Authorisation document—other authorisations

11.115 Replacement documents

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

11.120 What Subpart 11.D is about

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

11.130 Suspension or cancellation of authorisation

11.132 Effect of suspension

Subpart 11.ETimelimited authorisations

11.135 Purpose of Subpart

11.140 Continuation of authorisation until application decided

11.145 Application of Subparts 11.B and 11.BA

11.150 Conditions on new authorisation

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

Division 11.F.1Grant of standard exemptions

11.155 Purpose of Division

11.160 What exemptions can be granted under this Division

11.165 Applications for exemptions

11.170 Consideration of applications

11.175 Renewal of exemptions under this Division

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

11.180 Purpose of Division

11.185 Exemptions in exceptional circumstances

11.190 Application

11.195 Consideration by CASA

Division 11.F.3Exemptions generally

11.200 Purpose of Division

11.205 Conditions

11.210 Offence: failure to comply with condition

11.220 Notice of grant of exemption

11.225 Publication of exemption

11.230 When exemptions cease

11.235 Exemptions not transferable

Subpart 11.GDirections

11.240 Purpose of Subpart

11.245 CASA may issue directions

11.250 Period of effect of direction

11.255 Contravention of direction

Subpart 11.HDelegation of CASA’s powers

11.260 Delegation

Subpart 11.JManuals of Standards—procedures

11.265 Purpose of Subpart

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

11.270 Definition—MOS

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

11.280 Notice of intention to issue Manuals of Standards

11.285 Comments on draft Manuals of Standards

11.290 CASA to consider comments on draft Manuals of Standards

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

Subpart 11.APreliminary

 

11.005  Purpose of Part

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

 (a) authorisations; and

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

 (c) directions; and

 (d) delegation of CASA’s powers; and

 (e) the issuing of Manuals of Standards.

11.010  What is in this Part

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

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

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

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

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

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

 (6) Subpart 11.E is about renewal of a timelimited authorisation.

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

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

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

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

11.015  Definitions for Part

  In this Part:

authorisation means:

 (a) a civil aviation authorisation other than:

 (i) an AOC; or

 (ii) a delegation; or

 (iii) the appointment of an authorised person; or

 (iv) an authorisation issued by an ASAO; or

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

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

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

corporation means a legal person that is not an individual.

medical includes psychological and psychiatric.

officer, of a corporation, means:

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

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

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

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

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

timelimited authorisation means:

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

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

11.018  Approval of forms

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

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

 (a) is in the approved form; and

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

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

Subpart 11.BApplications for authorisations

 

11.020  Effect of this Subpart

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

11.025  Application of Part 11 to authorised persons

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

11.026  Application of Part 11 to approved design organisations

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

 (a) in relation to such an application; and

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

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

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

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

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

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

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

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

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

 (4) In this regulation:

certification activity: see regulation 21.233.

11.027  Application of Part 11 to relevant approved organisations

  If these Regulations allow an application for an authorisation to be made to a limited category organisation:

 (a) a reference in this Subpart to CASA includes, in relation to the application, a reference to the limited category organisation to which the application is made; and

 (b) a reference in Subpart 11.BA (granting authorisations etc), other than regulation 11.068 (conditions imposed on class of authorisations), to CASA includes a reference to the limited category organisation; and

 (c) a reference in Subpart 11.D (variation, suspension and cancellation of authorisations at holder’s request) to CASA includes a reference to the limited category organisation.

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

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

11.030  When application taken to be complete

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

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

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

 (ab) if the application is for an authorisation covered by subregulation 11.033(2), and is made by a person (the agent) on behalf of the applicant for the authorisation—it is accompanied by a declaration by the agent under subregulation 11.033(1); and

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

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

 (d) if a fee is payable for the applicationthat fee has been paid.

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

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

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

11.032  Application for authorisation after previous authorisation cancelled

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

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

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

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

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

 

Item

Authorisation

Reason for cancellation

1

ATC licence or flight service licence

A reason mentioned in subregulation 65.265(1)

2

Approval as an ARFFS provider

A reason mentioned in subregulation 139.1020(1)

3

Approval as an ATS training provider

A reason mentioned in regulation 143.225

4

Approval as an ATS provider

A reason mentioned in regulation 172.315

11.033  Applications by agents

 (1) If a person (the agent) applies on behalf of an applicant for an authorisation covered by subregulation (2), the application must include a declaration from the agent stating that:

 (a) the agent has received from the applicant the signed declaration required by paragraph 11.034(1)(b); and

 (b) the application has been prepared in accordance with the information provided by the applicant.

Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents.

 (2) For the purposes of subregulation (1), this subregulation covers the following authorisations:

 (a) a remote pilot licence under Division 101.F.3 authorising the holder to operate an RPA;

 (b) an authorisation of a kind determined under subregulation (3) for the purposes of this paragraph.

 (3) For the purposes of subsection 98(5A) of the Act and paragraph (2)(b) of this regulation, CASA may, by instrument, determine kinds of authorisations.

Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988.

 (4) A person (the agent) commits an offence of strict liability if:

 (a) the agent is subject to a requirement to include a declaration in an application in accordance with subregulation (1); and

 (b) the agent fails to comply with the requirement.

Penalty: 30 penalty units.

11.034  Requirements for applications made by agents

Requirements for the applicant

 (1) If a person (the applicant) authorises another person (the agent) to make an application on the applicant’s behalf for an authorisation covered by subregulation 11.033(2), the applicant must give the agent:

 (a) any information and documents required by the agent to make the application; and

 (b) a signed declaration stating that:

 (i) the applicant has authorised the agent to make the application on the applicant’s behalf; and

 (ii) the information provided by the applicant to the agent for the making of the application (including information in any documents so provided) is true and correct.

Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents.

 (2) A person (the applicant) commits an offence of strict liability if:

 (a) the applicant is subject to a requirement to give a signed declaration to an agent in accordance with subregulation (1); and

 (b) the applicant fails to comply with the requirement.

Penalty: 30 penalty units.

Requirement to keep declarations (or copy)—agents and applicants

 (3) A person, other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must keep the declaration, or a copy of the declaration, at least for the following period, beginning on the day the declaration is made:

 (a) if CASA has determined a period under subregulation (4) for the purposes of this paragraph that applies to the declaration—that period; or

 (b) otherwise—5 years.

 (4) For the purposes of subsection 98(5A) of the Act and paragraph (3)(a) of this regulation, CASA may, by instrument, determine periods of not more than 5 years:

 (a) in relation to classes of declarations; or

 (b) in relation to particular declarations.

Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988.

 (5) A person commits an offence of strict liability if:

 (a) the person is subject to a requirement under subregulation (3); and

 (b) the person fails to comply with the requirement.

Penalty: 30 penalty units.

Requirement to produce declarations (or copy)—agents and applicants

 (6) A person (the agent or applicant), other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must produce the declaration, or a copy of the declaration, for inspection on a demand made, within the period that applies to the declaration under subregulation (3), by a person covered by subregulation (7).

 (7) For the purposes of subregulation (6), this subregulation covers the following persons:

 (a) an authorised person;

 (b) a member or special member of the Australian Federal Police;

 (c) a member of a police force or a police service of a State or Territory.

 (8) An agent or applicant commits an offence of strict liability if:

 (a) the agent or applicant makes, or receives, a declaration under regulation 11.033 or this regulation; and

 (b) a person makes a demand of the agent or applicant under subregulation (6); and

 (c) the agent or applicant fails to comply with the demand.

Penalty: 5 penalty units.

11.035  Other things CASA can ask applicant to dotest or interview

 (1) In this regulation:

test includes a written, oral or online examination and a practical assessment.

 (2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to:

 (a) undertake a test of knowledge, skill or competence relevant to the application; or

 (b) come to a specified CASA office at a specified time to be interviewed.

 (3) If CASA reasonably needs to interview or test an officer of an applicant that is a corporation for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may, by written notice, ask the applicant to have the officer:

 (a) undertake a test of knowledge, skill or competence relevant to the application; or

 (b) come to a specified CASA office at a specified time to be interviewed.

 (4) The time of interview and the CASA office specified in a notice under paragraph (2)(b) or (3)(b) must be reasonable in the circumstances.

 (5) CASA must give to the applicant a copy of the record of any test (including the testing officer’s assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (3).

 (6) However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers.

11.040  Other things CASA can ask applicant to doprovide more information

 (1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request.

Example: The person or body to whom an application for a certificate of airworthiness for an aircraft is made may ask the applicant for any other information reasonably needed by it to enable it to impose any conditions on the certificate or operational limitations on the operation of the aircraft that are necessary in the interests of the safety of other airspace users or persons on the ground or water.

 (2) CASA may ask an applicant to provide evidence as to the applicant’s financial standing and financial capacity if there would be likely to be an adverse effect on the safety of air navigation if the applicant were granted the authorisation applied for and either did not have the resources to carry out the functions of the authorisation or were afterwards unable to continue trading.

 (3) If CASA asks an applicant:

 (a) to provide information or a copy of a document under subregulation (1); or

 (b) to provide evidence under subregulation (2);

CASA need not begin to consider, or may stop considering, the application until CASA receives the information, document or evidence.

11.045  Other things CASA can ask applicant to dodemonstrate a service or facility

 (1) If another provision of these Regulations says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice ask an applicant for an authorisation of that kind:

 (a) to give a practical demonstration of its ability to provide the relevant service; or

 (b) to demonstrate the operation of a facility or item of equipment to be used in the course of providing the service; or

 (c) to allow CASA to inspect any relevant facility or equipment (whether or not it is operating).

 (2) If CASA asks an applicant to give a demonstration or allow an inspection under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection.

11.047  Other things CASA can ask applicant to dostatutory declarations to verify applications

 (1) CASA may ask an applicant to verify, by statutory declaration, any statement made by the applicant in an application.

 (2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

11.050  Material that CASA may or must take into account

 (1) In making a decision on an application, CASA may take into account:

 (a) anything in the application or in any other document submitted, or information provided, by the applicant; and

 (b) the record or results of any test or interview under regulation 11.035; and

 (c) anything else in its records about the applicant; and

 (d) the results of any demonstration or inspection under regulation 11.045.

 (2) However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant):

 (a) tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and

 (b) invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter.

 (3) Subject to subregulation (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account.

 (3A) CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission.

 (3B) If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

 (4) When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account:

 (a) the fact of the cancellation; and

 (b) the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and

 (c) any evidence that the applicant submits about the applicant’s capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted.

 (5) For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if:

 (a) where the applicant is an individual (including a member of a partnership)the applicant was a member or officer of the holder of the authorisation; or

 (b) where the applicant is a corporationan officer of the applicant was a member or officer of the holder of the authorisation.

 (6) When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.

Subpart 11.BAGranting authorisations etc

 

11.055  Grant of authorisation

 (1) This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act.

Note 1: Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person.

Note 2: Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 3: Under section 30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 4: Under section 30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice.

 (1A) Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if:

 (a) the person meets the criteria specified in these Regulations for the grant of the authorisation; and

 (b) any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and

 (c) any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and

 (d) these Regulations do not forbid CASA granting the authorisation in the particular case; and

 (e) granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.

 (1B) If another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if:

 (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and

 (b) granting the authorisation will preserve a level of aviation safety that is at least acceptable.

 (1C) If the authorisation is an experimental certificate, CASA may grant the authorisation only if:

 (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and

 (b) granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.

 (2) In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual):

 (a) having any qualifications required by or under these Regulations for the grant of the authorisation; and

 (b) having any experience required by or under these Regulations for that grant; and

 (c) having successfully completed any training required by or under these Regulations for that grant; and

 (d) if there is a requirement as to recency or currency of the applicant’s training or experiencemeeting that requirement; and

 (e) if a standard of medical fitness is required by or under these Regulations for that grant:

 (i) having attained that standard; and

 (ii) having been granted any medical certificate required; and

 (f) if particular attributes of character are required by or under these Regulations for that granthaving those attributes; and

 (g) if a standard of proficiency in an activity is required by or under these Regulations for that grantmeeting that standard of proficiency.

 (3) If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.

 (4) For paragraphs (1A)(e) and (1B)(b), CASA may take into account:

 (a) the applicant’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

 (b) the applicant’s demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

 (c) the applicant’s experience (if any) in aviation; and

 (d) the applicant’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and

 (e) the applicant’s history, if any, of serious behavioural problems; and

 (f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and

 (g) any evidence held by CASA that the applicant has contravened:

 (i) the Act or these Regulations; or

 (ii) a law of another country relating to aviation safety; or

 (iii) another law (of Australia or of another country) relating to transport safety; and

 (h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant’s financial standing and financial stability; and

 (i) any other matter relating to the fitness of the applicant to hold the authorisation.

 (5) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant.

 (6) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership.

 (7) CASA may grant the authorisation in respect of only some of the matters sought in the application.

11.056  Authorisation may be granted subject to conditions

 (1) CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary:

 (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

 (ab) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

 (ac) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water; or

 (b) to ensure that, as far as practicable, the environment is protected from:

 (i) the effects of the operation and use of aircraft; and

 (ii) the effects associated with the operation and use of aircraft.

Note: Other conditions applicable to authorisations are set out in these Regulationssee in particular regulations 11.070 to 11.075.

 (2) A condition imposed under this regulation must be set out in, or attached to, the authorisation.

11.060  Notice of decision

 (1) After making a decision on an application, CASA must give the applicant written notice of the decision, including:

 (a) if the decision was to grant the authorisation applied for:

 (i) if these Regulations provide for a certificate or other document to be issued to the applicant as evidence that he or she holds the authorisationthat document; and

 (ii) if the decision included a decision to impose a condition that was not sought by the applicantthe reasons for the decision; or

 (b) if the decision was to refuse to grant the authorisationthe reasons for the decision.

Note: Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunalsee section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 27A of the Administrative Appeals Tribunal Act 1975 requires that a person affected by a reviewable decision be given notice of the existence of the right of review.

 (2) A notice or document mentioned in subregulation (1) may state the date on which the authorisation comes into effect.

 (3) The date must not be before the date of the notice or document.

 (4) A failure by CASA to comply with subparagraph (1)(a)(ii) or paragraph (1)(b) in relation to a decision does not invalidate the decision.

11.065  When authorisation comes into effect

  An authorisation comes into effect:

 (a) on a day stated for that purpose in a document that is evidence of the holding of the authorisation, or in any relevant notice under subregulation 11.060(1); or

 (b) if no day is so statedon the date of the document or notice.

Note: Some kinds of authorisation continue indefinitely unless cancelled. Others cease (unless sooner cancelled) at a time set by another provision of these Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA, subject to a maximum duration.

11.067  Imposing and varying conditions after grant of authorisation

 (1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.

 (1A) CASA may impose or vary a condition only if CASA considers that it is necessary:

 (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

 (b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

 (c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.

 (2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.

 (3) The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation.

 (4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:

 (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or

 (b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or

 (c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.

 (5) If:

 (a) after the end of the period specified under subregulation (3); and

 (b) having taken account of any submission made by the holder within that period;

CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition.

 (6) CASA must give the holder of the authorisation written notice of its decision.

 (7) A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice.

 (8) This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068.

11.068  Conditions imposed on class of authorisations

 (1) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations.

 (2) The class of authorisations may include authorisations granted before the imposition of the condition.

 (3) A condition imposed by a legislative instrument issued under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument.

 (4) A condition imposed by a legislative instrument issued under subregulation (1) takes effect:

 (a) for an authorisation that takes effect before the day on which the instrument comes into force:

 (i) when the instrument comes into force; or

 (ii) if a later time is stated in the instrumentat that time; and

 (b) for an authorisation granted on or after the day on which the instrument comes into force:

 (i) when the authorisation comes into effect; or

 (ii) if a later time is stated in the instrumentat that time.

11.070  Conditions of authorisationschange of name or address

 (1) It is a condition of an authorisation that its holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of either of the following kinds:

 (a) the holder changes his, her or its name;

 (b) the holder changes any of the following addresses:

 (i) if the holder is an individualhis or her residential address;

 (ii) if the holder is a corporationthe address of its registered office;

 (iii) if the holder has given CASA an address to which notices may be sentthat address;

 (iv) any other address that was required to be stated in the application for the authorisation.

 (2) A person commits an offence if:

 (a) the person is the holder of an authorisation; and

 (b) a change mentioned in paragraph (1)(a) or (b) happens in relation to the person; and

 (c) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty: 50 penalty units.

 (3) The period is:

 (a) within 14 days after the change happens; or

 (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the changewithin that period.

 (4) An offence against subregulation (2) is an offence of strict liability.

11.071  Conditions of authorisationschange of nationality

 (1) It is a condition of an authorisation upon which is noted the nationality of its holder that the holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of his or her nationality.

Note: The holder’s nationality is noted on a flight crew licence and aircraft maintenance engineer licence. This requirement is imposed by ICAO.

 (2) A person commits an offence if the person:

 (a) is the holder of an authorisation on which is noted his or her nationality; and

 (b) changes his or her nationality; and

 (c) does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty: 50 penalty units.

 (3) The period is:

 (a) within 14 days after the change happens; or

 (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the changewithin that period.

 (4) An offence against subregulation (2) is an offence of strict liability.

11.072  Conditions of authorisationschange of business status

 (1) It is a condition of an authorisation used in connection with an aviationrelated activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation (3):

 (a) if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territorythe holder changes that name, ceases to use that name, or begins to use another name;

 (b) the person changes the place at which he or she carries on the business;

 (c) the holder ceases to be entitled to occupy the premises from which he or she carries on the business;

 (d) the holder ceases temporarily or permanently to carry on the business;

 (e) if the holder is an individualthe holder:

 (i) is declared bankrupt; or

 (ii) enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966; or

 (iii) applies to take the benefit of any other law for the protection of debtors; or

 (iv) becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months;

 (f) if the holder is a member of a partnershipan event mentioned in paragraph (e) happens to any of the members;

 (g) if the holder is a corporation:

 (i) the holder:

 (A) becomes a Chapter 5 body corporate (within the meaning given by section 9 of the Corporations Act 2001); or

 (B) applies to take the benefit of any other law for the protection of insolvent corporations; or

 (ii) an event mentioned in paragraph (e) happens to any of the holder’s key personnel.

 (2) A person commits an offence if:

 (a) the person is the holder of an authorisation; and

 (b) the person uses the authorisation in connection with an aviationrelated activity of a business; and

 (c) a change mentioned in subregulation (1) happens in relation to the person; and

 (d) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).

Penalty: 50 penalty units.

 (3) The period is:

 (a) within 14 days after the change happens; or

 (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the changewithin that period.

 (4) An offence against subregulation (2) in relation to a change mentioned in paragraph (1)(a), (b), (c) or (d), subparagraph (1)(e)(i), (ii) or (iii) or subparagraph (1)(g)(i) is an offence of strict liability.

 (5) In this regulation:

key personnel, in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation.

11.073  Conditions of authorisationsnotice of death, dissolution etc

 (1) It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members must tell CASA in writing within a reasonable period after the member’s death.

 (2) It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member must tell CASA in writing within 14 days after the partnership is dissolved.

 (3) It is a condition of an authorisation held by a corporation that, if the corporation is placed in liquidation, the liquidator must tell CASA in writing within 14 days after the corporation is placed in liquidation.

 (4) A person commits an offence if:

 (a) he or she is the liquidator of a corporation that holds an authorisation; and

 (b) he or she does not, within 14 days after the corporation is placed in liquidation, tell CASA, in writing, that the corporation has been placed in liquidation.

Penalty: 50 penalty units.

 (5) It is a condition of an authorisation held by a corporation that, if the corporation is placed in administration, the administrator must tell CASA in writing within 14 days after the corporation is placed in administration.

 (6) A person commits an offence if:

 (a) he or she is the administrator of a corporation that holds an authorisation; and

 (b) he or she does not, within 14 days after the corporation is placed in administration, tell CASA, in writing, that the corporation has been placed in administration.

Penalty: 50 penalty units.

 (7) An offence against subregulation (4) or (6) is an offence of strict liability.

11.074  Conditions of authorisationsnotice required by CASA

 (1) Subject to subregulation (2), CASA may, by written notice given to the holder of an authorisation, require the holder to notify CASA of the happening of an event specified in the notice within a specified period.

 (2) An event specified in the notice must be an event that CASA is satisfied might adversely affect the carrying out of the activity authorised by the authorisation.

 (3) It is a condition of the authorisation that the holder must comply with the notice.

 (4) A person commits an offence if:

 (a) the person is the holder of an authorisation; and

 (b) under subregulation (1), CASA requires the person to notify CASA of the happening of an event within a specified period; and

 (c) the event happens; and

 (d) the person does not tell CASA, in writing, of the event within the specified period.

Penalty: 50 penalty units.

 (5) Strict liability applies to paragraph (4)(d).

11.075  Conditions of authorisationsprovision of information

 (1) CASA may, by written notice, require the holder of an authorisation to give CASA specified information, or a specified document, that relates to the activity, document or thing to which the authorisation relates.

 (2) It is a condition of an authorisation that its holder must comply with a notice given under subregulation (1):

 (a) within 14 days after receiving the notice; or

 (b) if a different period is specified in the noticewithin that period.

 (3) A person commits an offence if:

 (a) the person is the holder of an authorisation; and

 (b) CASA requires the person, under subregulation (1), to give CASA information or a document; and

 (c) the person does not give CASA the information or document:

 (i) within 14 days after receiving the notice; or

 (ii) if a different period is specified in the noticewithin that period.

Penalty: 50 penalty units.

 (4) Strict liability applies to paragraph (3)(c).

11.077  Breach of conditionsoffence

 (1) A person commits an offence if:

 (a) the person holds an authorisation that is subject to a condition imposed under regulation 11.056, 11.067 or 11.068; and

 (b) the person contravenes the condition.

Penalty: 50 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

11.080  Authorisations not transferable

  An authorisation is not transferable, unless a provision in these Regulations provides otherwise.

Note: For authorisations that are transferable, see the following provisions:

(a) regulation 21.047 (type certificates);

(b) regulation 21.179 (certificates of airworthiness);

(c) regulation 21.219 (Class II provisional certificates of airworthiness);

(d) regulation 21.450 (modification/repair design approvals and approvals mentioned in regulation 21.475).

Subpart 11.CAuthorisation documents, certificates and related matters

 

11.090  Authorisation documentauthorisations to which Chicago Convention, Annex 1 applies

 (1) This regulation applies to an authorisation to which Annex 1, Personnel Licensing, to the Chicago Convention applies.

 (2) The authorisation must comply with Chapter 5 of that Annex.

11.095  Authorisation documentmaintenance operation authorisations

 (1) This regulation applies to a maintenance operation authorisation (within the meaning given by Annex 6, Operation of Aircraft, to the Chicago Convention).

 (2) The authorisation must comply with paragraph 8.7.1.2 of that Annex.

11.100  Registration certificate (Chicago Convention, Annex 7)

 (1) This regulation applies to a certificate of registration for an aircraft.

 (2) The certificate must be in a form that complies with section 7.1 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention.

11.105  Certificate of Airworthiness (Chicago Convention, Annex 8)

 (1) This regulation applies to a certificate of airworthiness for an aircraft.

 (2) The certificate must be in a form that complies with section 7 of Annex 8, Airworthiness of Aircraft, to the Chicago Convention.

11.110  Authorisation documentother authorisations

 (1) This regulation applies to an authorisation to which none of regulations 11.090 to 11.105 apply.

 (2) The authorisation must set out:

 (a) what the authorisation is; and

 (b) any conditions applicable to it; and

 (c) when it came into effect, and, if it will cease (either under a provision of these Regulations or on a day set by CASA) if not sooner cancelledthe day when it will cease; and

 (d) any other information CASA thinks should be included.

11.115  Replacement documents

  CASA may issue a replacement authorisation document in place of one:

 (a) that contains anything that is not, or is no longer, correct; or

 (b) from which anything has been omitted; or

 (c) that has been lost or destroyed.

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

 

11.120  What Subpart 11.D is about

  This Subpart provides for applications that may be made by the holder of an authorisation for:

 (a) the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or

 (b) the suspension or cancellation of the authorisation.

Note: See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons.

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

 (1A) The holder of an authorisation may apply, in writing, for a variation of the authorisation.

 (1B) The application may be made to a person to whom the application for the authorisation could have been made.

 (1) Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an authorisation as if each reference in Subpart 11.B to an application for an authorisation were a reference to an application to vary the authorisation.

 (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed.

 (3) Regulations 11.055, 11.056, 11.060 and 11.065 apply to a variation of an authorisation as if each reference in those regulations to an authorisation were a reference to a variation of an authorisation.

11.130  Suspension or cancellation of authorisation

 (1) The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled.

Note: In relation to the cancellation of the registration of an aircraft, see also regulation 47.131B.

 (1A) CASA must, by written notice to the holder, suspend or cancel the authorisation.

 (2) Suspension or cancellation under this Subpart has effect:

 (a) at the time the holder specifies in the application as the time for the suspension or cancellation to have effect; or

 (b) if the holder does not specify such a timewhen the holder is given written notice by CASA of the suspension or cancellation.

 (3) Suspension of an authorisation under this Subpart ceases to have effect:

 (a) at the time, if any, that the holder specifies in the application as the time that the suspension is to cease to have effect; or

 (b) if the holder does not specify a time for that purposeat the time CASA directs, by written notice to the holder.

11.132  Effect of suspension

 (1) If a person’s authorisation is suspended under this Subpart:

 (a) the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and

 (b) the authorisation is not in force during the period of suspension.

 (2) If a timelimited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run.

Subpart 11.ETimelimited authorisations

 

11.135  Purpose of Subpart

  This Subpart sets out provisions relating to timelimited authorisations.

11.140  Continuation of authorisation until application decided

 (1) This regulation applies in relation to a timelimited authorisation (the old authorisation) if:

 (a) at least:

 (i) in the case of an authorisation held by a corporation, 90 days; or

 (ii) in any other case, 21 days;

  before the time when the old authorisation would otherwise cease, its holder applies to CASA for the issue of a new timelimited authorisation that confers the same privileges, or authorises the holder to carry out the same functions or duties, as the old authorisation; and

 (b) at the time when the old authorisation would otherwise cease, CASA has not made a decision on the application.

 (2) For subregulation (1), an applicant has applied for the new authorisation only if:

 (a) the applicant has given to CASA the necessary application, in the form required by these Regulations; and

 (b) the application is taken to be complete, in accordance with regulation 11.030; and

 (c) the applicant has given to CASA any other documents required by these Regulations to be given to CASA with the application.

Note: The applicant does not need to give to CASA information or a document that CASA already hassee regulation 11.145.

 (3) In spite of any other provision of these Regulations, but subject to subregulation (4), the old authorisation continues in force until:

 (a) CASA makes a decision on the application; and

 (b) if the decision is to grant the new authorisationthe new authorisation comes into force.

 (4) If CASA asks for further information or a document or invites the applicant to make a submission, under a provision of Subpart 11.B as applied by regulation 11.145, and the applicant does not do so within the period specified by CASA under that provision, then, despite subregulation (3), the old authorisation is taken to cease at the end of that period.

11.145  Application of Subparts 11.B and 11.BA

 (1) Subparts 11.B and 11.BA apply to an application referred to in paragraph 11.140(1)(a).

 (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed.

 (3) If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in Subpart 11.B or 11.BA or this Subpart to CASA includes, in relation to an application mentioned in paragraph 11.140(1)(a), an authorised person to whom such an application is made.

11.150  Conditions on new authorisation

  Unless another provision of these Regulations says otherwise, if CASA grants the new authorisation, CASA is not obliged:

 (a) to impose the same conditions, restrictions or limitations on the new authorisation as applied to the old one; or

 (b) to grant the new authorisation for the same duration as for the old one.

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

Division 11.F.1Grant of standard exemptions

11.155  Purpose of Division

  This Division provides for the granting of exemptions from particular provisions of these Regulations or the Civil Aviation Orders.

Note: Division 11.F.2 provides separately for exemptions in exceptional circumstances, such as a natural disaster.

11.160  What exemptions can be granted under this Division

 (1) For subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption under this Division from compliance with:

 (a) a provision of these Regulations; or

 (b) a provision of a Civil Aviation Order;

in relation to a matter mentioned in that subsection.

 (2) CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 (3) CASA may grant an exemption under this Division either on application or on its own initiative.

Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

Note 3: Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its termssee subregulation 202.011(2).

11.165  Applications for exemptions

 (1) A person may apply to CASA, in accordance with this regulation, for an exemption under this Division.

 (2) The application must be in writing.

 (3) The application must set out:

 (a) the applicant’s name and address; and

 (b) details of any relevant authorisation; and

 (c) references to the relevant provisions of these Regulations; and

 (d) details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and

 (e) if the exemption will affect a particular kind of operation, the kind of operation; and

 (f) the reasons why the exemption is necessary; and

 (g) details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and

 (h) the date on which the applicant requires the exemption to commence; and

 (i) how long the applicant requires the exemption to remain in effect.

 (4) Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence.

11.170  Consideration of applications

 (1) Regulations 11.035 to 11.050 apply in relation to an application under this Division.

 (2) For that application, a reference to an authorisation is taken to be a reference to an exemption.

 (3) In making its decision, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount.

11.175  Renewal of exemptions under this Division

 (1) CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person:

 (a) applies, in accordance with regulation 11.165, for the new exemption; and

 (b) includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary.

 (2) Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1).

 (3) For that application, a reference to an authorisation is taken to be a reference to an exemption.

 (4) In making its decision, CASA must:

 (a) take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and

 (b) regard the preservation of a level of aviation safety that is at least acceptable as paramount.

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

11.180  Purpose of Division

  This Division provides for the granting of exemptions in exceptional circumstances.

11.185  Exemptions in exceptional circumstances

 (1) For subsection 98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with:

 (a) a provision of these Regulations; or

 (b) a provision of a Civil Aviation Order;

in relation to a matter mentioned in that subsection.

 (2) In subregulation (1):

exceptional circumstances means the circumstances of a major natural disaster, or some other largescale emergency, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations.

Example: Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible.

 (3) To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared.

 (4) CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 (5) CASA may grant an exemption under this Division either on application or on its own initiative.

Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

Note 3: Despite the repeal of regulation 308 of CAR, an exemption granted under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its termssee subregulation 202.011(2).

11.190  Application

  An application for an exemption under this Division may be made in any way that is reasonable in the circumstances.

11.195  Consideration by CASA

  In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances.

Division 11.F.3Exemptions generally

11.200  Purpose of Division

  This Division sets out general provisions applying to exemptions under this Subpart.

11.205  Conditions

 (1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation.

 (2) The condition must be set out in the instrument of exemption.

11.210  Offence: failure to comply with condition

 (1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation.

Penalty: 50 penalty units.

 (2) A contravention of subregulation (1) is an offence of strict liability.

11.220  Notice of grant of exemption

 (1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of:

 (a) its decision; and

 (b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicantthe reasons for the decision.

 (2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.

11.225  Publication of exemption

  CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart.

Note: The Internet address for CASA’s website is http://www.casa.gov.au.

11.230  When exemptions cease

 (1) An exemption under Division 11.F.1 ceases:

 (a) at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

 (b) if no day is specified for that purpose in the instrument3 years after it commences.

 (2) An exemption under Division 11.F.2 ceases:

 (a) at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

 (b) if no day is specified for that purpose in the instrument12 months after it commences.

 (3) If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person.

11.235  Exemptions not transferable

  An exemption under this Subpart is not transferable.

Subpart 11.GDirections

 

11.240  Purpose of Subpart

  This Subpart provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation.

11.245  CASA may issue directions

 (1) For subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting:

 (a) the safe navigation and operation of aircraft; or

 (b) the maintenance of aircraft; or

 (c) the airworthiness of, or design standards for, aircraft.

Note 1: For the application of the Legislation Act 2003 to an instrument containing a direction under this regulation, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.

Note 2: See also Part 39 in relation to CASA’s powers to issue airworthiness directives.

 (2) However, CASA may issue such a direction:

 (a) only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and

 (b) only if the direction is not inconsistent with the Act; and

 (c) only for the purposes of CASA’s functions.

Note: CASA’s functions are set out in section 9 of the Act.

11.250  Period of effect of direction

  A direction under regulation 11.245 ceases to be in force:

 (a) if it specifies a day on which it ceases to be in forceon the specified day; or

 (b) if it does not specify a day for that purpose1 year after the day it commences.

11.255  Contravention of direction

 (1) A person must not contravene a direction under regulation 11.245 that is applicable to the person.

Penalty: 50 penalty units.

 (2) A contravention of subregulation (1) is an offence of strict liability.

Subpart 11.HDelegation of CASA’s powers

 

11.260  Delegation

 (1) The Director may, by written instrument, delegate to an officer a power of CASA under these Regulations.

 (1A) The Director may, by written instrument, delegate to a person a power of CASA under these Regulations for, or in connection with, the performance of a function conferred on CASA under subsection 9(1) of the Act.

 (2) However, the following powers of CASA must be exercised by the Director personally:

 (b) the power to issue a type acceptance certificate subject to a condition under subregulation 21.029B(2);

 (c) the power to refuse to issue a type acceptance certificate under subregulation 21.029C(1);

 (d) the power to suspend or cancel a type acceptance certificate under subregulation 21.051(4).

 (3) A delegation may be subject to conditions stated in the instrument of delegation.

 (4) A delegate is subject to any written direction of the Director in the exercise of a power, or the performance of a function, delegated under this regulation.

Note: Despite the repeal of regulation 7 of CAR, a delegation given under that regulation before 27 June 2011 continues to have effect on and after 27 June 2011 according to its termssee subregulation 202.010(1A).

Subpart 11.JManuals of Standardsprocedures

 

11.265  Purpose of Subpart

  This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards.

Note: Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards. Manuals of Standards are legislative instruments and are subject to registration and disallowance under the Legislation Act 2003.

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

  The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as the procedures apply to the issue of a MOS.

11.270  DefinitionMOS

  In this Subpart:

MOS means Manual of Standards.

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

 (1) CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that:

 (a) it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or

 (b) the MOS is required to give effect to a specific undertaking given by the Minister; or

 (c) the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

 (d) the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or

 (e) following the procedures would endanger aviation security or be otherwise contrary to the public interest.

 (2) If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the Internet within 28 days after the determination is made.

Note: The URL for CASA’s web site is http://www.casa.gov.au.

 (3) If CASA issues a MOS on the basis of a determination under paragraph (1)(a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the Internet a notice about the MOS giving the information set out in paragraphs 11.280(2)(a) to (d).

Note: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

 (4) Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS.

11.280  Notice of intention to issue Manuals of Standards

 (1) If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the Internet.

Note 1: The URL for CASA’s web site is http://www.casa.gov.au.

Note 2: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

 (2) A notice must include the following information about the draft MOS:

 (a) its title and a description of its contents;

 (b) how to obtain a copy of it;

 (c) the period during which comments on it may be lodged;

 (d) how comments are to be made and lodged.

 (3) Subject to subregulation (4), for paragraph (2)(c), the period must be reasonable in the circumstances but not less than 28 days.

 (4) For paragraph (2)(c), the period during which comments on an amendment of a MOS that is of a minor or machinery nature may be lodged must be reasonable in the circumstances but not less than 14 days.

11.285  Comments on draft Manuals of Standards

  A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS.

11.290  CASA to consider comments on draft Manuals of Standards

  Before issuing a MOS, CASA:

 (a) must consider any comments it has received on the draft MOS; and

 (b) may consult with any person on issues arising out of the comments.

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

 (1) A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS.

 (2) However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275(1)(a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280.

 (3) Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS.

Part 13Enforcement procedures

Note: Subparts 13.A to 13.J are reserved for future use.

Subpart 13.KVoluntary reporting and demerit points schemes

Division 13.K.1Aviation Self Reporting Scheme

13.320  Definitions

  In this Division:

Aviation Self Reporting Scheme or ASRS means the voluntary reporting scheme established under subregulation 13.335(1) for reporting reportable contraventions.

Executive Director means the person for the time being holding, occupying or performing the duties of the position of Executive Director of Transport Safety Investigation referred to in section 12 of the Transport Safety Investigation Act 2003.

13.325  Contraventions that are not reportable

  For the purposes of paragraph (d) of the definition of reportable contravention in section 30DL of the Act, contraventions of the following provisions of CAR are prescribed:

 (a) regulation 282;

 (b) subregulation 288(2);

 (c) regulation 298A;

 (d) regulation 298B;

 (e) regulation 298C;

 (f) regulation 301;

 (g) regulation 302;

 (h) subregulation 305(1A).

13.330  Prescribed person (Act s 30DM)

  For the purposes of Division 3C (Protection from administrative action for voluntary reporting) of Part III of the Act, the Executive Director is prescribed.

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

 (1) There is established a scheme (to be known as the Aviation Self Reporting Scheme) for the voluntary reporting of reportable contraventions.

 (2) The scheme is to be administered by the Executive Director.

 (3) The purposes of the scheme are:

 (a) to enable holders of civil aviation authorisations to voluntarily report reportable contraventions without administrative action being taken against them; and

 (b) to strengthen the foundation of aviation human factors safety research; and

 (c) to identify deficiencies and problems in the Australian aviation safety system; and

 (d) to provide data for planning and improvements to the Australian aviation safety system.

13.340  Powers and functions of Executive Director

  Without limiting the generality of the powers and functions of the Executive Director as administrator of ASRS, the Executive Director has the following powers and functions:

 (a) to process and accept reports;

 (b) to give receipts for reports;

 (c) to review information contained in reports in order to identify potential safety deficiencies and lessen the likelihood of accidents and serious incidents;

 (d) to issue information briefs or alert bulletins that the Executive Director considers are necessary in the interests of aviation safety;

 (e) to publish details of reviews made under paragraph (c).

Note: Regulation 13.360 affects the powers and functions of the Executive Director relating to information contained in reports.

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

 (1) A holder of a civil aviation authorisation who has committed a reportable contravention may make a written report of the reportable contravention under ASRS.

 (2) The report must be made to the Executive Director, in a form approved by the Executive Director, not later than 10 days after the reportable contravention.

 (3) The report must include the following information:

 (a) the name, postal address and daytime telephone number of the authorisation holder making the report;

 (b) if applicablethe Aviation Reference Number of the authorisation holder;

 (c) the class or classes of civil aviation authorisation held by the authorisation holder;

 (d) the time, date, place and nature of the contravention;

 (e) a description of the circumstances of the contravention;

 (f) so far as is practicable, the regulations contravened by the authorisation holder.

Note 1: A copy of the approved form is available from ATSB’s website (http://www.atsb.gov.au) or by contacting 1800020505.

Note 2: A report made by an authorisation holder under this regulation does not satisfy the reporting obligations under:

(a) the Transport Safety Investigation Act 2003; or

(b) any other provision of these Regulations relating to the reporting of defects or service difficulties on aircraft or aeronautical products.

13.350  Processing of reports

 (1) A report purportedly made in accordance with regulation 13.345 must be accepted by the Executive Director, unless it appears on the face of the report that the contravention for which the report is made is not a reportable contravention.

Note: Under section 30DL of the Act, the following contraventions are not reportable contraventions:

(a) a contravention of these Regulations that is deliberate;

(b) a contravention of these Regulations that is fraudulent;

(c) a contravention of these Regulations that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported);

(d) a contravention of a regulation prescribed under regulation 13.325.

 (2) If the Executive Director accepts a report, the Executive Director must:

 (a) ensure that the report is given a unique receipt number and stamped, on the front page, with the receipt number and the date when the report was made; and

 (b) give to the holder of a civil aviation authorisation who made the report a receipt that sets out:

 (i) the authorisation holder’s name; and

 (ii) the date the report was made; and

 (iii) the date and nature of the contravention; and

 (c) having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and

 (d) return the report to the authorisation holder who made the report.

 (3) If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder.

13.355  Reports relating to unlawful interference

  If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, ‘International Civil Aviation Vocabulary’, as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department.

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

 (1) The Executive Director must not keep a copy of a report made under ASRS.

 (2) The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS.

 (3) Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3).

13.365  Delegation by Executive Director

 (1) The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division.

 (2) In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director.

Division 13.K.2Demerit points scheme

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

 (1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies.

 (2) The number of points that are incurred in relation to an offence to which that Division applies are as follows:

 (a) if the maximum penalty for the offence is 10 penalty units or less1 demerit point;

 (b) if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units2 demerit points;

 (c) if the maximum penalty for the offence is 26 penalty units or more3 demerit points.

13.375  Classes of civil aviation authorisations

  For the purposes of section 30DU of the Act, a civil aviation authorisation mentioned in column 2 of an item in table 13.375 belongs to the class of civil aviation authorisation mentioned in column 3 of the item.

Table 13.375 Classes of civil aviation authorisations

Column 1

Item

Column 2

Particular civil aviation authorisations

Column 3

Class of civil aviation authorisation

1

a certificate issued under section 27 of the Act

Air operator certificate

2

a certificate issued under Part 47 of CASR

Certificate of registration

3

a certificate issued under regulation 30 of CAR

Certificate of approval

4

an aircraft engineer licence

Authorisation to perform maintenance certification and issue certificate of release to service

4A

an authority mentioned in regulation 33B or 33C of CAR

Maintenance authority

5

a licence referred to in paragraph 5.08(b) of CAR

Flight radiotelephone licence

6

a licence referred to in paragraph 5.08(a) of CAR or a pilot licence

Pilot licence

7

a flight engineer licence

Flight engineer licence

8

a certificate issued under Part 6 of CAR or Part 67 of CASR

Medical certificate

9

a licence or authorisation issued under Part 65 of CASR

Air traffic control licence

10

a certificate issued under Subpart 101.F of CASR

RPA certificate

11

a certificate issued under Subpart 139.B of CASR

Aerodrome certificate

12

an approval granted under Subpart 139.H of CASR

ARFFS approval

12A

an approval granted under regulation 141.035 or 142.040

Flying training authorisation

12B

a certificate issued under regulation 141.060 or 142.110

Flying training authorisation

13

an approval granted under Part 143 or 172 of CASR

ATS approval

14

an approval granted under Part 171 of CASR

Aeronautical telecommunication and radionavigation provider approval

15

a certificate or authorisation issued under Part 173 of CASR

Instrument flight procedure approval

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

  If:

 (a) a civil aviation authorisation is cancelled (the earlier cancellation); and

 (b) if there had been no earlier cancellation, a subsequent suspension or cancellation under Division 3D of Part III of the Act would have had effect in relation to the authorisation; and

 (c) the earlier cancellation is later set aside by the Administrative Appeals Tribunal;

the subsequent suspension or cancellation has effect, in relation to the civil aviation authorisation, on the day immediately following the day when the Administrative Appeals Tribunal set aside the earlier cancellation.

Part 21Certification and airworthiness requirements for aircraft and parts

 

Table of contents

Subpart 21.AGeneral

21.001 Applicability

21.001A Definition for Subpart

21.002C Suspension or cancellation of an instrument

21.002D Show cause notices

21.002E Cancellation of certain certificates

21.003 Reporting failures, malfunctions, and defects

21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft

21.006 Approval of aircraft flight manuals

21.006A Approval of changes to aircraft flight manuals

21.007 Permissible unserviceabilities

21.007A Advice about major damage

21.008 Meaning of technical data

21.009 Approval of technical data

21.010 References to modifications and repairs in Part

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

21.010B Definition of recognised country

21.010C References to countries with which Australia has agreements

21.010D Issue of Manual of Standards for Part 21

Subpart 21.BType certificates and type acceptance certificates

21.011 Applicability

21.013 Eligibility

21.013A Issue of type certificate

21.014 Recognition of foreign certification

21.015 Application for type certificate

21.016 Special standards and other conditions on type certificates

21.017 Designation of applicable airworthiness standards

21.019 Changes requiring a new type certificate

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

21.024 Type certificate: primary category aircraft

21.025 Issue of type certificate: restricted category aircraft

21.026 Type certificate: intermediate category aircraft

21.027 Type certificate: surplus aircraft of the Armed Forces

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

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

21.029B Issue of type acceptance certificates subject to conditions

21.029C Refusal to issue type acceptance certificate

21.031 Type design—meaning

21.033 Inspection and tests

21.035 Flight tests

21.037 Flight test pilot

21.039 Flight test instrument calibration and correction report

21.041 Type certificate—meaning

21.043 Location of manufacturing facilities

21.047 Transfer of type certificates

21.048 Licensing of type certificates

21.049 Availability

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

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

21.053 Statement of conformity

Subpart 21.CProvisional type certificates

21.071 Applicability

21.073 Eligibility

21.075 Application

21.076 Issue of provisional type certificate

21.077 Duration

21.078 Suspension and cancellation

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

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

21.085 Provisional amendments to type certificates

Subpart 21.DChanges to type certificates

21.091 Applicability

21.093 Classification of changes in type design

21.095 Approval of minor changes in type design

21.097 Eligibility for approval of major changes in type design

21.098 Issue of approval of major change in type design

21.099 Required design changes

21.101 Designation of applicable regulations

Subpart 21.ESupplemental type certificates

21.111 Applicability

21.113 Eligibility for supplemental type certificate

21.113A Issue of supplemental type certificate

21.114 Foreign supplemental type certificates

21.115 Entitlement to supplemental type certificate—meeting applicable airworthiness requirements

21.117 What supplemental type certificates are taken to consist of

21.118 Duration, suspension and cancellation of supplemental type certificates

21.119 Duration, suspension and cancellation of foreign supplemental type certificates

21.120 Transfer of supplemental type certificates

21.120A Licensing of supplemental type certificates

21.120B Variations of supplemental type certificates

Subpart 21.FProduction under type certificate only

21.121 Applicability

21.123 Production under type certificate

21.125 Production inspection system: Materials Review Board

21.127 Tests: aircraft

21.128 Tests: aircraft engines

21.129 Tests: variable pitch propellers

21.130 Statement of conformity

21.130A Records to be kept by manufacturer

Subpart 21.GProduction certificates

21.131 Applicability

21.132 Definitions for Subpart 21.G

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

21.133 Eligibility

21.134 Issue of production certificate

21.135 Requirements for entitlement

21.137 Location of manufacturing facilities

21.139 Quality system

21.143 Quality system data requirements: prime manufacturer

21.144 Production inspection system

21.145 Materials Review Board

21.147 Changes in quality system

21.149 Multiple products

21.151 Production limitation record

21.153 Amendment of production certificate

21.157 Inspections and tests

21.159 Duration

21.161 Display

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

21.165 Responsibility of holder of production certificate

21.166 Records to be kept by holder of production certificate

Subpart 21.HCertificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

21.171 Applicability

21.172 Definitions for Subpart

21.173 Eligibility

21.174 Applications for limited category certificates made to CASA—giving to limited category organisation

21.175 Certificates of airworthiness: classification

21.176 Issue of certain certificates of airworthiness

21.179 Transferability

21.181 Duration of certain certificates of airworthiness

21.182 Aircraft manufacturer’s data plate

21.183 Standard certificates of airworthiness

21.184 Special certificates of airworthiness for primary category aircraft

21.184A Special certificates of airworthiness for intermediate category aircraft

21.185 Certificates of airworthiness for restricted category aircraft

21.186 Special certificates of airworthiness for light sport aircraft

21.187 Multiplecategory airworthiness certification

21.189 Special certificate of airworthiness for limited category aircraft

21.190 Special certificates of airworthiness—amateurbuilt category aircraft accepted under an ABAA

21.191 Experimental certificates

21.192 Experimental certificates: eligibility

21.193 Experimental certificates: general

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

21.195A Issue of experimental certificates

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

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

21.196 Special flight permits: eligibility

21.197 Special flight permits

21.199 Applications for special flight permits

21.200 Issue of special flight permits

21.201 Inspection, suspension and cancellation of special flight permits

Subpart 21.IProvisional certificates of airworthiness

21.211 Applicability

21.213 Eligibility

21.215 Application

21.216 Issue of provisional certificates of airworthiness

21.217 Duration

21.219 Transferability

21.221 Class I provisional certificates of airworthiness

21.223 Class II provisional certificates of airworthiness

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

Subpart 21.JApproved design organisations

Division 21.J.1General

21.231 What Subpart 21.J is about

21.233 Definitions for Subpart 21.J

21.235 Privileges for approved design organisations

21.237 Prohibition of unauthorised carrying out of design activities

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

Division 21.J.2Approval as approved design organisation

21.241 Applying for approval

21.243 Granting approval

21.245 Approval certificate

21.247 Approval subject to conditions—general

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

21.249 Cancellation, suspension and variation of approval

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

21.251 Authorisation of approved design organisations to carry out certification activities

Division 21.J.4Changes to approved design organisations

21.253 Application for approval of change to scope of approval

21.255 Application for approval of change to design assurance system

21.256 Change to design assurance system manual at direction of CASA

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

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

21.259 Change to exposition by organisation

21.261 Change to exposition at direction of CASA

Division 21.J.5Obligations of approved design organisations

21.263 Content of exposition

21.265 Compliance with exposition

21.267 Design assurance system

21.269 Requirements for design assurance system—general

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

21.271 Compliance with design assurance system manual

21.273 Audit of approved design organisation by CASA

21.275 Inspections and observations

21.277 Record keeping and production of records to CASA

21.279 Directions to comply with specified procedures or instructions

21.281 Investigation of potentially unsafe condition

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

Subpart 21.KApproval of materials, parts, processes and appliances

21.301 Applicability

21.303 Replacement and modification parts

21.304A Changes to an APMA

21.305 Approval of materials, parts, processes and appliances

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

21.306 Use of standard parts and materials

Subpart 21.LExport airworthiness approvals

21.321 Applicability

21.323 Eligibility

21.324 Issue of export airworthiness approvals

21.325 Export airworthiness approvals

21.327 Application

21.329 Issue of export airworthiness approvals for Class I products

21.331 Issue of airworthiness approvals for Class II products

21.333 Issue of export airworthiness approvals for Class III products

21.339 Export airworthiness approval for aircraft

Subpart 21.MDesigns of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances

Division 21.M.1Preliminary

21.400 Purpose of Subpart

21.402 Definition of proposed airworthiness standards for Subpart 21.M

21.403 Definition of applicable airworthiness standards for Subpart 21.M

Division 21.M.2Modification/repair design approvals

21.405 Applications for modification/repair design approvals

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

21.414 Determination of additional airworthiness standards—special conditions

21.416 Determination of nonapplication of airworthiness standards—application to CASA

21.418 Determination of nonapplication of airworthiness standards—application to authorised person or approved design organisation

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

21.425 Applicants to carry out necessary inspections and tests

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

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

21.436 Application to authorised person or approved design organisation—noncompliance with applicable airworthiness standards: determination of equivalent level of safety

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

21.440 Form of modification/repair design approvals

21.445 Variation of modification/repair design approvals

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

21.448 Approvals to which this Division applies

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

21.455 Record keeping and making records available to CASA

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

Division 21.M.4Other means of approval

21.465 Modifications and repairs directed by CASA

21.470 Foreign modification/repair designs

21.475 Part 21 Manual of Standards may prescribe alternative method of approval of modification and repair designs

Subpart 21.NApproval of engines, propellers, materials, parts and appliances: imported

21.500 Approval of imported aircraft engines and propellers

21.500A Approval of other imported aircraft engines and propellers

21.502 Approval of imported materials, parts and appliances

21.502A Approval of other imported materials, parts and appliances

Subpart 21.OAustralian Technical Standard Order Authorisations

21.601 Applicability

21.603 ATSO marking and privileges

21.605 Application and issue

21.607 General rules governing holders of ATSO authorisations

21.609 Approval for deviation

21.611 Design changes

21.613 Record keeping requirements

21.615 CASA inspection

21.617 Issue of letters of ATSO design approval: import appliances

21.619 Noncompliance

21.621 Duration

Subpart 21.QIdentification of aircraft and aeronautical products

Division 21.Q.1Preliminary

21.805 Applicability of this Subpart

21.810 Meaning of fireproof

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

21.815 Applicability of this Division

21.820 Manufacturer’s data plate must be attached to aircraft

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

21.830 Heater assembly of manned free balloon must carry identification mark

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

21.840 Aircraft propellers, blades and hubs must carry identification marks

Division 21.Q.3Critical parts

21.845 Applicability of this Division

21.850 Identification of critical parts

21.855 Removal or alteration of identification on critical parts

Division 21.Q.4Aircraft parts

21.860 Applicability of this Division

21.865 Identification of parts produced under an APMA

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

21.875 Identification of other aircraft parts

21.880 Identification of other aircraft parts—other than by marking

Subpart 21.AGeneral

 

21.001  Applicability

  This Part deals with certification and airworthiness requirements, and includes:

 (a) rules dealing with type certificates, provisional type certificates, supplemental type certificates, type acceptance certificates, production certificates, certificates of airworthiness, export airworthiness approvals and modification/repair design approvals; and

 (b) rules governing the holders of certificates or approvals mentioned in paragraph (a); and

 (ba) matters relating to approved design organisations; and

 (c) rules dealing with the approval of aircraft engines, propellers and certain materials, parts, processes, and appliances.

Source FARs section 21.1 modified.

21.001A  Definition for Subpart

  In this Subpart:

instrument means an approval, authorisation, certificate or permit issued under this Part.

21.002C  Suspension or cancellation of an instrument

 (1) CASA may suspend or cancel an instrument, by written notice given to its holder, if:

 (a) CASA is reasonably satisfied that the holder has made or caused to be made:

 (i) a fraudulent or intentionally false statement on the application for the instrument; or

 (ii) an intentionally false entry in a record or report that is required to be kept, made, or used to show compliance with any requirement for the issue or the exercise of the privileges of the instrument; or

 (iii) a reproduction for a fraudulent purpose of any instrument; or

 (iv) an alteration for a fraudulent purpose of any instrument; and

 (b) CASA has given the holder a show cause notice under regulation 21.002D in relation to the instrument; and

 (c) CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice.

 (2) A notice must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

 (3) An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term.

 (4) If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension.

Source FARs section 21.2 modified.

21.002D  Show cause notices

 (1) CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C.

 (2) A show cause notice must be in writing and must:

 (a) inform the holder of the facts or circumstances that, in CASA’s opinion, would justify the suspension or cancellation of the instrument; and

 (b) invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled.

 (3) The period stated in the notice must be reasonable, having regard to all the circumstances of the case.

21.002E  Cancellation of certain certificates

 (2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating:

 (a) that the certificate is cancelled; and

 (b) when the cancellation takes effect.

 (3) The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day.

21.003  Reporting failures, malfunctions, and defects

 (1) The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4):

 (a) an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;

 (b) a manufacturing process specified by it.

Penalty: 25 penalty units.

 (2) The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4).

Penalty: 25 penalty units.

 (2A) The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4).

Penalty: 25 penalty units.

 (2B) For subregulation (2A), the approval is:

 (a) a modification/repair design approval; or

 (b) an approval mentioned in regulation 21.475.

 (3) It is a defence to a prosecution under subregulation (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect:

 (a) was caused by improper maintenance or use; or

 (b) was reported to CASA under another provision of these Regulations.

Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code).

 (4) The following occurrences must be reported as provided in subregulations (1), (2) and (2A):

 (a) fires caused by a system or equipment failure, malfunction, or defect;

 (b) an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components;

 (c) the accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin;

 (d) a malfunction, failure, or defect of a propeller control system;

 (e) a propeller or rotorcraft hub or blade structural failure;

 (f) flammable fluid leakage in areas where an ignition source normally exists;

 (g) a brake system failure caused by structural or material failure during operation;

 (h) a significant aircraft primary structural defect or failure caused by any selfgenerating condition (for example, fatigue or corrosion);

 (i) any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

 (j) an engine failure;

 (k) any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities;

 (l) a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft;

 (m) a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.

 (6) For subregulations (1), (2) and (2A), a report must:

 (a) be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and

 (b) include as much of the following information as is available and applicable:

 (i) the aircraft’s serial number;

 (ii) the aircraft’s registration mark;

 (iii) when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisationthe article serial number and model designation, as appropriate;

 (iv) when the failure, malfunction, or defect is associated with an aircraft engine or propellerthe aircraft engine or propeller serial number, as appropriate;

 (v) identification of the product model;

 (vi) identification of the part, component, or system involved (including the part number);

 (vii) the nature of the failure, malfunction, or defect.

 (7) Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect.

Penalty: 25 penalty units.

 (8) If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive.

Penalty: 10 penalty units.

 (9) An offence against subregulation (7) or (8) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.3 modified.

21.005  Manufacturers etc to provide aircraft flight manuals for certain aircraft

 (1) This regulation applies to an aircraft only if:

 (a) the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and

 (b) the aircraft was not flown before 1 March 1979.

 (1A) If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an aircraft flight manual that:

 (a) contains the information mentioned in subregulations (2) and (3); and

 (b) complies with subregulation (3A).

Penalty: 25 penalty units.

 (1B) If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an aircraft flight manual that:

 (a) contains the information mentioned in subregulations (2) and (3); and

 (b) complies with subregulation (3A).

Penalty: 25 penalty units.

 (2) The aircraft flight manual must contain the operating limitations and information required to be furnished in an aircraft flight manual or in manual material, markings, and placards, by the applicable regulations under which the aircraft was type certificated.

 (3) The maximum ambient atmospheric temperature for which engine cooling was demonstrated must be stated in the performance information section of the flight manual, if the applicable regulations under which the aircraft was type certificated do not require ambient temperature on engine cooling operating limitations in the flight manual.

 (3A) For paragraphs (1A)(b) and (1B)(b):

 (a) the manual must have been approved for the aircraft:

 (i) by CASA, an authorised person or an approved design organisation under regulation 21.006; or

 (ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

 (iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; and

 (b) any changes to the manual made to the manual since it was approved for the aircraft must have been approved:

 (i) by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

 (ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

 (iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority.

 (4) An offence against subregulation (1A) or (1B) is an offence of strict liability.

Source FARs section 21.5 modified.

21.006  Approval of aircraft flight manuals

 (1) The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a flight manual for the aircraft.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulationssee regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

 (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the manual if CASA or the authorised person or approved design organisation is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

21.006A  Approval of changes to aircraft flight manuals

 (1) Any of the following persons may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a change to a flight manual for an aircraft:

 (a) the registered operator of the aircraft;

 (b) an applicant for any of the following:

 (i) approval of a change in the type design for the aircraft;

 (ii) a supplemental type certificate for the aircraft;

 (iii) a modification/repair design approval for the aircraft;

 (iv) an approval mentioned in regulation 21.475.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulationssee regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

 (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the change if CASA or the authorised person or approved design organisation is satisfied that the manual as changed would comply with:

 (a) if the applicant is not an applicant for an instrument mentioned in paragraph (1)(b)the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate; or

 (b) if the applicant is an applicant for an instrument mentioned in paragraph (1)(b)the applicable airworthiness standards for the instrument.

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

 (3) In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual.

21.007  Permissible unserviceabilities

 (1) A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulationssee regulation 11.030.

Note 2: See Part 11 for other matters relating to applications and decisions.

 (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3).

Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b) a decision imposing a condition on an approval.

 (3) For subregulation (2), the applicable airworthiness standards are:

 (a) for an aircraft for which there is a type certificate:

 (i) the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or

 (ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and

 (b) for an aircraft for which there is a type acceptance certificate:

 (i) the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or

 (ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and

 (c) for a nontypecertificated aircraft:

 (i) the airworthiness standards that applied to the original certification (however described) of the aircraft; or

 (ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards.

 (4) An approval ceases to have effect at the earliest of the following times:

 (a) if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval—the end of that day;

 (b) if a maximum amount of flight time is stated in the approval—when the aircraft has been flown for that amount of flight time;

 (c) if a maximum number of flights is stated in the approval—when the aircraft has been flown for that number of flights;

 (d) the end of 1 year after the approval is given.

21.007A  Advice about major damage

 (1) A person may ask CASA, an authorised person or a relevant approved design organisation, in writing, to assess damage to an aircraft and advise whether the damage is major damage.

 (2) CASA or the authorised person or approved design organisation must advise the person, in writing, whether, in the opinion of CASA or the authorised person or approved design organisation, the damage is major damage.

Note: Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person or approved design organisation advises a person that the damage is not major damage.

21.008  Meaning of technical data

  In this Part:

technical data, for the design of an aircraft, aircraft engine, propeller or appliance, or for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means:

 (a) data that describes the design, including:

 (i) the drawings and specifications necessary to define the configuration and design features of the aircraft, aircraft engine, propeller or appliance, or of the modification or repair, and a list of those drawings and specifications; and

 (ii) information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and

 (iii) the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and

 (iv) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and

 (v) any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and

 (b) engineering reports, including test plans and reports, used to show that the design complies with the applicable airworthiness standards for an instrument for the design.

21.009  Approval of technical data

 (1) This regulation applies if technical data for a design is submitted to CASA, an authorised person or a relevant approved design organisation in connection with an application for:

 (a) a type certificate; or

 (b) approval of a change in type design; or

 (c) a supplemental type certificate; or

 (ca) a variation of a supplemental type certificate; or

 (cb) approval of the product design of a Class II or Class III product; or

 (d) a letter of ATSO design approval; or

 (e) an ATSO authorisation; or

 (f) a modification/repair design approval; or

 (g) an APMA.

 (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the technical data if CASA or the authorised person or approved design organisation is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument.

 (3) In this regulation:

Class II product: see regulation 21.132.

Note: For the meaning of Class III product, see the Dictionary.

21.010  References to modifications and repairs in Part

 (1) In this Part, a reference to a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance includes a reference to a modification of, or repair to, an aeronautical product for the aircraft, aircraft engine, propeller or appliance.

 (2) Subregulation (1) applies regardless of whether, at the time of the modification or repair, the aeronautical product was fitted to the aircraft, aircraft engine, propeller or appliance.

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

 (1) In this Part, a reference to the national aviation authority of a recognised country includes a reference to EASA, whether or not EASA is performing a function on behalf of a recognised country.

 (2) To avoid doubt:

 (a) a foreign type certificate issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a foreign type certificate issued by the NAA of a recognised country; and

 (b) a certificate issued by EASA before 1 May 2014 that is equivalent to a supplemental type certificate that could have been issued by CASA is, and is taken to have been from the time it was issued, a foreign supplemental type certificate issued by the NAA of a recognised country; and

 (c) a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that was approved by EASA before 1 May 2014 is, and is taken to have been from the time it was approved, a design approved by the NAA of a recognised country; and

 (d) a manufacturing approval (however described) for an aircraft engine, propeller, material, part or appliance issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a manufacturing approval issued by the NAA of a recognised country.

 (3) Also to avoid doubt, a foreign supplemental type certificate cancelled by EASA before 1 May 2014 is taken to have been cancelled by the NAA of a recognised country.

21.010B  Definition of recognised country

 (1) In this Part:

recognised country means any of the following:

 (a) Canada;

 (b) France;

 (c) Germany;

 (d) Netherlands;

 (e) New Zealand;

 (f) United Kingdom;

 (g) United States of America.

 (2) For Subpart 21.B, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

 (a) Australia and the Contracting State; or

 (b) CASA and the national aviation authority of the Contracting State;

for CASA to issue type acceptance certificates in relation to foreign type certificates or equivalent documents issued by the national aviation authority of the Contracting State.

 (3) For Subpart 21.E, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

 (a) Australia and the Contracting State; or

 (b) CASA and the national aviation authority of the Contracting State;

for the acceptance of certificates (however described) that are equivalent to supplemental type certificates.

 (4) For Subpart 21.M, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

 (a) Australia and the Contracting State; or

 (b) CASA and the national aviation authority of the Contracting State;

for the acceptance of approvals of designs of modifications of, or repairs to, aircraft, aircraft engines, propellers or appliances.

21.010C  References to countries with which Australia has agreements

 (1) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft.

 (2) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances.

21.010D  Issue of Manual of Standards for Part 21

  For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

 (a) required or permitted by these Regulations to be prescribed by the Part 21 Manual of Standards; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.

Subpart 21.BType certificates and type acceptance certificates

Note: A type certificate or a type acceptance certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

 

21.011  Applicability

  This Subpart prescribes:

 (a) requirements for the issue of:

 (i) type certificates for aircraft, aircraft engines and propellers; and

 (ii) type acceptance certificates for aircraft; and

 (b) rules governing the holders of those certificates; and

 (c) rules dealing with the national aviation authorities of foreign countries.

Source FARs section 21.11 modified.

21.013  Eligibility

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

Source FARs section 21.13 modified.

21.013A  Issue of type certificate

 (1) Subject to regulation 11.055, CASA must issue a type certificate (except a type certificate mentioned in regulation 21.029) to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.013, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

 (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to certify that the applicant meets a criterion for entitlement to a type certificate under this Subpart.

 (3) If the approved design organisation is satisfied that the applicant meets the criterion, the organisation may give CASA a certificate to that effect.

 (4) For paragraph (1)(c), if an approved design organisation gives CASA a certificate under subregulation (3) in relation to a criterion, CASA need consider only that certificate in deciding whether the applicant meets the criterion.

 (5) For subregulation (3), regulations 21.021, 21.024, 21.025 and 21.026 apply to consideration by an approved design organisation of an application for a type certificate as if each reference to CASA in those regulations were a reference to the approved design organisation.

21.014  Recognition of foreign certification

  Despite regulation 21.013A, CASA must not issue a type certificate mentioned in regulation 21.021, 21.024, or 21.025, for an aircraft manufactured in another country, if:

 (a) a type acceptance certificate may be issued for the aircraft under regulation 21.029A; or

 (b) a type certificate may be issued for the aircraft under regulation 21.029.

21.015  Application for type certificate

 (2) An application for an aircraft type certificate must be accompanied by a threeview drawing of that aircraft and available preliminary basic data.

 (3) An application for an aircraft engine type certificate must be accompanied by a description of the engine design features, the engine operating characteristics, and the proposed engine operating limitations.

Source FARs section 21.15 modified.

21.016  Special standards and other conditions on type certificates

 (1) If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers.

 (2) CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety.

 (3) A condition imposed under subregulation (2) may include operational limitations.

 (4) A special condition or other condition must be in writing, and set out in, or attached to, the type certificate.

 (5) A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.

Penalty: 50 penalty units.

 (6) An offence against subregulation (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.16 modified.

21.017  Designation of applicable airworthiness standards

 (1) An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:

 (a) the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that are effective on the date of application for that certificate unless:

 (i) otherwise specified by CASA; or

 (ii) compliance with later effective amendments is elected or required under this regulation; and

 (b) any special conditions imposed under regulation 21.016.

 (2) For special classes of aircraft (airships and other nonconventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those airworthiness standards.

 (3) An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years, unless an applicant shows, before the application lapses, that the aircraft requires a longer period of time for design, development, and testing, and CASA approves a longer period.

 (4) If an application ceases to be effective, the applicant may:

 (a) file a new application for a type certificate and comply with all the provisions of subregulation (1) applicable to an original application; or

 (b) file for an extension of the original application and comply with the applicable airworthiness requirements of these Regulations that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type certificate by the time limit established under subregulation (3) for the original application.

 (5) If an applicant elects to comply with an amendment to these Regulations or the Part 21 Manual of Standards, or to any matter incorporated by reference in these Regulations, that is effective after the filing of the application for a type certificate, the applicant must also comply with any other amendment or incorporated matter that CASA considers is directly related to the application.

 (6) For primary category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

 (7) For intermediate category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

 (8) If an airworthiness standard has been agreed by CASA or one of its predecessors after 30 September 1993 as a response to a design advice mentioned in section 100.3 or 100.6 of the Civil Aviation Orders, the standard continues to apply until 5 years after the date of approval of the design advice, unless the applicant elects to comply with a later standard.

Source FARs section 21.17 modified.

21.019  Changes requiring a new type certificate

 (1) A type certificate for an aircraft, aircraft engine or propeller ceases to apply to an aircraft, aircraft engine or propeller of that type if:

 (a) a change is made in the design configuration, power, power limitations (engines), speed limitations (engines), or weight of the aircraft, aircraft engine or propeller that is so extensive that a substantially complete investigation of compliance with the requirements applicable under regulation 21.017 is necessary in the interests of aviation safety; or

 (b) in the case of a normal, utility, acrobatic, commuter or transport category aircraft, a change is made:

 (i) in the number of its engines or rotors; or

 (ii) to engines or rotors using different principles of propulsion or to rotors using different principles of operation; or

 (c) in the case of an aircraft enginea change is made in the principle of operation; or

 (d) in the case of propellersa change is made in the number of blades or principle of pitch change operation.

 (2) A person who proposes to make a change mentioned in subregulation (1) may apply to CASA for a new type certificate for the aircraft, aircraft engine or propeller.

Source FARs section 21.19 modified.

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

  An applicant is entitled to a type certificate for an aircraft (except an aircraft mentioned in regulation 21.027) in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, or for a special class of aircraft or an aircraft engine or propeller, if:

 (a) the applicant submits the type design, test reports, and computations necessary to show that the aircraft, aircraft engine or propeller to be certificated meets the applicable requirements of this Part, the airworthiness standards mentioned in these Regulations and any conditions subject to which the type certificate is to be issued; and

 (b) CASA is satisfied that the type design and the aircraft, engine or propeller meet the applicable requirements of this Part and the airworthiness standards mentioned in these Regulations, and any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and

 (c) for an aircraftCASA is satisfied the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Source FARs section 21.21 modified.

21.024  Type certificate: primary category aircraft

 (1) The applicant is entitled to a type certificate for an aircraft in the primary category if:

 (a) the aircraft:

 (i) is unpowered; is an aeroplane powered by a single, naturally aspirated engine with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft powered by a single, naturally aspirated engine with a 29.3 kgm2 main rotor disc loading limitation, under sea level standard day conditions; and

 (ii) has a maximum takeoff weight of not more than 1225 kg or, if the aircraft is a seaplane, a maximum takeoff weight of not more than 1530 kg; and

 (iii) has a maximum seating capacity of not more than 4 persons, including the pilot; and

 (iv) has an unpressurised cabin; and

 (b) the applicant has submitted to CASA:

 (i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(6); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

 (ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

 (iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and

 (iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

 (c) CASA is satisfied that:

 (i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(6); and

 (ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

 (2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilotowner of the aircraft, as part of the aircraft’s type design or supplemental type design.

 (3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source FARs section 21.24 modified.

21.025  Issue of type certificate: restricted category aircraft

 (1) An applicant is entitled to a type certificate for an aircraft in the restricted category for one or more of the special purpose operations mentioned in subregulation (2) if:

 (a) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

 (b) the aircraft:

 (i) meets the airworthiness requirements of the normal, utility, acrobatic, commuter or transport category, except those requirements that CASA considers are inappropriate for the special purpose for which the aircraft is to be used; or

 (ii) is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America, and has been later modified for the special purpose operation or operations.

 (2) For subregulation (1), the special purpose operations are:

 (a) agricultural operations (for example, spraying, dusting, and seeding, and livestock and feral animal control); and

 (b) forest and wildlife conservation; and

 (c) firefighting; and

 (d) aerial surveying or scientific research (for example, photography, mapping, and oil and mineral exploration); and

 (e) patrolling (for example, pipelines, power lines, and canals); and

 (f) weather control and atmospheric research (for example, cloud seeding); and

 (g) aerial advertising (for example, skywriting, banner towing, airborne signs and public address systems); and

 (h) glider towing; and

 (i) target towing; and

 (j) target designation; and

 (k) any other operation similar to any of these operations.

Source FARs section 21.25 modified.

21.026  Type certificate: intermediate category aircraft

 (1) The applicant is entitled to a type certificate for an aircraft in the intermediate category if:

 (a) the aircraft:

 (i) is an aeroplane with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft with a 29.3 kgm2 main rotor disc loading limitation, under sea level standard day conditions; and

 (ii) has a maximum takeoff weight of not more than 1750 kg; and

 (iii) has a maximum seating capacity of 4 persons, including the pilot; and

 (iv) has an unpressurised cabin; and

 (b) the applicant has submitted to CASA:

 (i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(7); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

 (ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

 (iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and

 (iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

 (c) CASA is satisfied that:

 (i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(7); and

 (ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

 (2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilotowner of the aircraft, as part of the aircraft’s type design or supplemental type design.

 (3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source FARs section 21.24 modified.

21.027  Type certificate: surplus aircraft of the Armed Forces

 (1) Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6).

 (2) An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.

 (3) Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards:

 (a) mentioned in Part 33 or 35; or

 (b) prescribed by the Part 21 Manual of Standards.

 (4) CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination.

 (5) CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft.

 (6) Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027.

 

Table 21.027 Regulations that must be complied with for particular kinds of aircraft

Type of Aircraft

Date accepted for operational use by the Armed Force

Regulations that apply 1

Small reciprocatingengine powered aeroplanes

Before May 16, 1956

Civil Air Regulations Part 3, as effective May 15 1956

 

After May 15, 1956

Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23

Small turbineengine powered aeroplanes

Before Oct. 2, 1959

Civil Air Regulations Part 3, as effective Oct. 1 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23

Commuter category aeroplanes

After Feb. 17, 1987

FARs Part 23, as effective Feb 17, 1987, or CASR Part 23

Large reciprocatingengine powered aeroplanes

Before Aug. 26, 1955

Civil Air Regulations Part 4b, as effective Aug. 25, 1955

 

After Aug. 25, 1955

Civil Air Regulations Part 4b, or FARs Part 25, or CASR Part 25

Large turbine enginepowered aeroplanes

Before Oct. 2, 1959

Civil Air Regulations Part 4b, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 4b, or FARs Part 25, or CASR 25

Rotorcraft with a maximum certificated takeoff weight of:

 

 

     2,722 kg or less

Before Oct. 2, 1959

Civil Air Regulations Part 6, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 6, or FARs Part 27, or CASR Part 27

     Over 2,722 kg

Before Oct. 2, 1959

Civil Air Regulations Part 7, as effective Oct. 1, 1959

 

After Oct. 1, 1959

Civil Air Regulations Part 7, or FARs Part 29, or CASR Part 29.

1  Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the relevant armed force.

Source FARs section 21.27 modified.

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

 (1) Subject to regulation 11.055, CASA must issue a type certificate for an aircraft, aircraft engine or propeller manufactured in a foreign country and for which a foreign type certificate issued by the national aviation authority of a recognised country is not in force, if the aircraft, aircraft engine or propeller:

 (a) meets the applicable airworthiness requirements mentioned in regulation 21.017; or

 (b) meets the airworthiness requirements of a Contracting State and any other requirements imposed by CASA that are necessary to provide a level of safety equivalent to that provided under these Regulations for comparable aircraft, aircraft engines or propellers.

 (2) CASA may accept a certificate given by the national aviation authority of a Contracting State to the effect that an aircraft, aircraft engine or propeller meets the State’s airworthiness requirements as evidence of that fact.

 (3) An application for a type certificate under this regulation must be accompanied by:

 (a) any relevant certificate issued by the national aviation authority of a Contracting State; and

 (b) the relevant technical data.

 (4) CASA may inspect the aircraft, aircraft engine or propeller and carry out, or require the applicant to carry out, any tests and inspections necessary to enable CASA to decide whether or not to issue the type certificate.

Source FARs section 21.29 modified.

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

  Subject to regulations 11.055, 21.029B and 21.029C, CASA must issue a type acceptance certificate for an aircraft manufactured in a foreign country, without making the type acceptance certificate subject to any conditions, if:

 (a) a foreign type certificate or equivalent document issued by the national aviation authority of a recognised country is in force for aircraft of that type; and

 (b) the applicant has given CASA:

 (i) evidence that the type design has been approved by the national aviation authority of the recognised country by issue of a type certificate or equivalent document; and

 (ii) details of any equivalent safety determinations or waivers (however described) that were made in the course of the type certification; and

 (iii) a copy of the applicable type certificate data sheet; and

 (iv) a copy of the flight manual that contains all the available options applicable to the type, and that was approved by the national aviation authority that issued the foreign type certificate; and

 (v) a copy of the manufacturer’s instructions for continued airworthiness of the aircraft; and

 (vi) a copy of the parts catalogue for the aircraft; and

 (vii) a list of all current field service documents applicable to the aircraft; and

 (viii) an undertaking from the holder of the foreign type certificate to continue to supply to CASA service bulletins and instructions for the continuing airworthiness of aircraft of that type and any amendments of the documents mentioned in subparagraphs (iv), (v), (vi) and (vii).

21.029B  Issue of type acceptance certificates subject to conditions

 (1) CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate.

 (2) Also, CASA may issue a type acceptance certificate subject to other conditions if:

 (a) there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and

 (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

 (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and

 (d) there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and

 (e) there are no other practicable means of substantially reducing the threat to aviation safety.

 (3) A condition may include operational limitations.

 (4) A condition must be in writing, and set out in, or attached to, the type acceptance certificate.

 (5) A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.

Penalty: 50 penalty units.

 (6) An offence against subregulation (5) is an offence of strict liability.

Note: The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b).

21.029C  Refusal to issue type acceptance certificate

 (1) CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if:

 (a) there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and

 (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

 (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and

 (d) there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat.

 (2) If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029.

Note: The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c).

21.031  Type designmeaning

 (1) The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following:

 (a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

 (b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

 (c) the airworthiness limitations section of the instructions for continued airworthiness:

 (i) as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or

 (ii) for special classes of aircraft mentioned in subregulation 21.017(2)—as specified in the applicable airworthiness criteria;

 (d) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

 (e) for primary and intermediate category aircraft, if maintenance on the aircraft is to be carried out by the pilotowner of the aircrafta special inspection and preventive maintenance program designed to be accomplished by the pilotowner;

 (f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

 (2) The type design for an aircraft, aircraft engine or propeller type certificated under regulation 21.029 consists of the following:

 (a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

 (b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

 (c) the airworthiness limitations section of the instructions for continued airworthiness:

 (i) as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or

 (ii) for special classes of aircraft mentioned in subregulation 21.017(2)—as specified in the applicable airworthiness criteria;

 (d) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

 (e) for primary category aircraft, if maintenance on the aircraft is to be carried out by the pilotowner of the aircrafta special inspection and preventive maintenance program designed to be accomplished by the pilotowner;

 (f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

 (3) The type design for an aircraft type certificated under regulation 21.029A consists of the type design that was accepted by the national aviation authority of the recognised country that issued the foreign type certificate for the aircraft.

Source FARs section 21.31 modified.

21.033  Inspection and tests

 (1) CASA is not required to issue, under regulation 21.013A, a type certificate for an aircraft, aircraft engine or propeller unless the applicant allows CASA to make any inspection and any flight and ground test necessary to determine that the aircraft, aircraft engine or propeller complies with the applicable requirements of these Regulations. However:

 (a) no aircraft, aircraft engine, propeller, or part thereof may be presented to CASA for test unless compliance with paragraphs (2)(b), (c) and (d) has been shown for that aircraft, aircraft engine, propeller, or part thereof; and

 (b) no change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (2)(b), (c) and (d) is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to CASA for test.

 (2) Each applicant must make all inspections and tests necessary to determine:

 (a) compliance with the applicable airworthiness requirements; and

 (b) that the aircraft, aircraft engine or propeller and its materials conform to the specifications in the type design; and

 (c) that parts of the aircraft, aircraft engine or propeller conform to the drawings in the type design; and

 (d) that the manufacturing processes, construction and assembly conform to those specified in the type design.

 (3) For an aircraft with not more than 2 seats, a maximum takeoff weight not exceeding 750 kg and a 45 knots or less VS0 stall speed as defined in FARs section 23.49 that is to be type certificated in the primary category or intermediate category, an authorised person may make any determination, inspection, flight test or ground test necessary to establish whether the aircraft complies with the applicable requirements of these Regulations.

Source FARs section 21.33 modified.

21.035  Flight tests

 (1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must make the tests listed in subregulation (2). Before making the tests the applicant must show CASA:

 (a) compliance with the applicable structural requirements of these Regulations; and

 (b) completion of necessary ground inspections and tests; and

 (c) that the aircraft conforms with the type design; and

 (d) that CASA received a flight test report from the applicant (signed, in the case of an application for a type certificate for an aircraft in the transport category, by the applicant’s test pilot) containing the results of the tests.

 (2) Upon showing compliance with subregulation (1), the applicant must make all flight tests that CASA considers are necessary:

 (a) to determine compliance with the applicable requirements of these Regulations; and

 (b) for aircraft to be type certificated under these Regulations, except gliders and except aeroplanes of 2720 kg or less maximum certificated weight in the normal, utility, acrobatic, or commuter categoryto determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly.

 (3) Each applicant must, if practicable, make the tests prescribed in paragraph (2)(b) upon the aircraft that was used to show compliance with:

 (a) paragraph (2)(a); and

 (b) for rotorcraftthe rotor drive endurance tests prescribed in the applicable airworthiness standards mentioned in Parts 27 and 29 or prescribed by the Part 21 Manual of Standards.

 (4) Each applicant must show CASA for each flight test (except in a glider or a manned free balloon) that adequate provision is made for the flight test crew for emergency egress and the use of parachutes.

 (5) Except in a manned free balloon, an applicant must discontinue flight tests under this regulation until the applicant shows CASA that corrective action has been taken, whenever:

 (a) the applicant’s test pilot is unable or unwilling to make any of the required flight tests; or

 (b) items of noncompliance with requirements are found that may make additional test data meaningless or that would make further testing unduly hazardous.

 (6) The flight tests prescribed in paragraph (2)(b) must include:

 (a) for aircraft incorporating turbine engines of a type not previously used in a type certificated aircraftat least 300 hours of operation with a full complement of engines that conform to a type certificate; and

 (b) for all other aircraftat least 150 hours of operation.

Source FARs section 21.35 modified.

21.037  Flight test pilot

  Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:

 (a) class rating; or

 (b) type rating; or

 (c) balloon class endorsement within the meaning of subregulation 5.01(1) of CAR; or

 (d) authorisation under regulation 61.140; or

 (e) authorisation under regulation 5.50 of CAR;

to make the flight tests required by this Part.

Source FARs section 21.37 modified.

21.039  Flight test instrument calibration and correction report

 (1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must submit a report to CASA showing the computations and tests required in connection with the calibration of instruments used for test purposes and in the correction of test results to standard atmospheric conditions.

 (2) Each applicant must allow CASA to conduct any flight tests that CASA is satisfied is necessary to check the accuracy of the report submitted under subregulation (1).

Source FARs section 21.39 modified.

21.041  Type certificatemeaning

 (1) In these Regulations, unless the contrary intention appears:

foreign type certificate, for an aircraft, aircraft engine or propeller:

 (a) means a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country and is equivalent to a type certificate; but

 (b) does not include a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country solely on the basis of a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of another country and is equivalent to a type certificate.

type certificate, for an aircraft, aircraft engine or propeller, means a type certificate issued by CASA under regulation 21.013A or 21.029 certifying that the aircraft, aircraft engine or propeller meets the airworthiness standard mentioned for it in the certificate.

 (2) In these Regulations, except in this Subpart, a reference to a type certificate, or foreign type certificate, for an aircraft, aircraft engine or propeller, includes a reference to the type design, the operating limitations, the type certificate data sheet, the applicable airworthiness standards with which the certificate records compliance, and any other conditions or limitations prescribed for the aircraft, aircraft engine or propeller under these Regulations.

Source FARs section 21.41 modified.

21.043  Location of manufacturing facilities

  Despite regulation 21.013A, CASA is not required to consider an application for a type certificate for an aircraft, aircraft engine or propeller (except an application under regulation 21.029) if the manufacturing facilities for the aircraft, aircraft engine or propeller are located outside Australian territory, unless the location of the manufacturer’s facilities places no undue burden on CASA in administering applicable airworthiness requirements.

Source FARs section 21.43 modified.

21.047  Transfer of type certificates

 (1) The holder of a type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

 (a) the certificate; and

 (b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

 (2) However, the certificate may be transferred only with the written consent of the transferee.

 (3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

 (a) the date of the transfer; and

 (b) the name and address of the transferee.

Penalty: 50 penalty units.

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

Source FARs section 21.047 modified.

21.048  Licensing of type certificates

 (1) The holder of a type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

 (2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

 (a) the date of the licensing agreement; and

 (b) the name and address of the licensee; and

 (c) the benefits conferred on the licensee.

Penalty: 50 penalty units.

 (3) The licensor commits an offence if:

 (a) the licensing agreement is terminated; and

 (b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty: 50 penalty units.

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

Source FARs section 21.047 modified.

21.049  Availability

 (1) The holder of a type certificate must make the certificate, and the type design of the aircraft, aircraft engine or propeller described or identified in the certificate, available for examination by CASA upon the request of CASA.

Penalty: 5 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.49 modified.

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

 (1) The holder of a type certificate for an aircraft for which an aircraft Maintenance Manual containing an “Airworthiness Limitations” section has been approved as part of the type design and who obtains approval of changes to any replacement time, inspection interval, or related procedure in that section of the manual must make particulars of the changes available upon request to any operator of the same type of aircraft.

Penalty: 5 penalty units.

 (2) The holder of a design approval, including either the type certificate or supplemental type certificate for an aircraft, aircraft engine, or propeller must furnish at least one set of complete Instructions for Continued Airworthiness, prepared in accordance with the applicable airworthiness standards mentioned in Parts 22, 23, 25, 27, 26, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2), as applicable, to the owner of each type of aircraft, aircraft engine, or propeller upon its delivery, or upon issue of the first standard certificate of airworthiness for the affected aircraft, whichever occurs later, and thereafter, on request by a person required by these Regulations to comply with any of the terms of the instructions, give them to the person. In addition, changes to the Instructions for Continued Airworthiness shall be made available to any person who requests the changes and who is required by these Regulations to comply with any of those instructions.

Penalty: 5 penalty units.

 (3) An offence against subregulation (1) or (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.50 modified.

21.051  Type certificates and type acceptance certificatesduration and suspension or cancellation

 (1) Subject to regulation 21.019, a type certificate or type acceptance certificate remains in force until it is cancelled.

 (2) Despite subregulation (1), a type certificate or type acceptance certificate is not in force during any period of suspension.

 (3) CASA may suspend or cancel a type certificate if there are reasonable grounds for believing that the type certificate no longer provides a reliable guide that the aircraft can reasonably be expected to be safe for its intended use when operated under any conditions limiting its intended use.

 (4) CASA may suspend or cancel a type acceptance certificate if:

 (a) there are reasonable grounds for believing that not doing so would constitute a significant threat to aviation safety; and

 (b) CASA has consulted the operator of the aircraft, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

 (c) CASA has considered the views of the operator, the manufacturer and the national aviation authority before deciding whether to suspend or cancel the type acceptance certificate.

 (5) If CASA suspends or cancels a type certificate it must:

 (a) notify the certificate holder in writing of the suspension or cancellation; and

 (b) publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

 (6) If CASA suspends or cancels a type acceptance certificate CASA must publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

 (7) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

 (8) A notice of suspension or cancellation under paragraph (5)(b) or subregulation (6) must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) when the suspension or cancellation takes effect; and

 (c) in the case of a suspensionwhen the suspension stops having effect.

Source FARs section 21.51 modified.

Note 1: The power of CASA to suspend or cancel a type acceptance certificate under subregulation (4) must be exercised by the Director personally: see paragraph 11.260(2)(d).

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of type acceptance certificates.

21.053  Statement of conformity

 (1) Each applicant must submit to CASA a statement of conformity in a manner and form acceptable to CASA for each aircraft engine and propeller presented to CASA for type certification. This statement of conformity must include a statement that the aircraft engine or propeller conforms to the type design therefor.

 (2) Each applicant must submit to CASA a statement of conformity for each aircraft or part thereof presented to CASA for tests. This statement of conformity must include a statement to the effect that the applicant has complied with subregulation 21.033(1).

Source FARs section 21.53 modified.

Subpart 21.CProvisional type certificates

Note: A provisional type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

 

21.071  Applicability

  This Subpart prescribes:

 (a) requirements for the issue of provisional type certificates, approvals of amendments to provisional type certificates, and approvals of provisional amendments to type certificates; and

 (b) rules governing the holders of those certificates.

Source FARs section 21.71 modified.

21.073  Eligibility

 (1) A manufacturer of aircraft manufactured in Australian territory is eligible to apply for a Class I or Class II provisional type certificate for the aircraft, for approval of an amendment to a Class I or Class II provisional type certificate held by the manufacturer, and for approval of a provisional amendment to a type certificate held by the manufacturer.

 (2) Any manufacturer of aircraft manufactured in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import is eligible to apply for a Class II provisional type certificate, for approval of amendments to Class II provisional type certificates held by the manufacturer, and for approval of provisional amendments to type certificates held by the manufacturer.

 (3) An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated aircraft engines manufactured by the manufacturer in Australian territory is eligible to apply for a Class I provisional type certificate for the aircraft, and for approval of amendments to Class I provisional type certificates held by the manufacturer, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate, restricted or transport category.

Source FARs section 21.73 modified.

21.075  Application

  Applications for provisional type certificates, for approval of amendments thereto, and for approval of provisional amendments to type certificates must be submitted in writing to CASA, and must be accompanied by the pertinent information specified in this Subpart.

Source FARs section 21.75 modified.

21.076  Issue of provisional type certificate

  Subject to regulation 11.055, CASA must issue a provisional type certificate, or an approval of amendments to a provisional type certificate, or an approval of provisional amendments to a type certificate, to an applicant for the certificate or approval if the applicant:

 (a) is eligible, under regulation 21.073, to apply for the certificate or approval; and

 (b) applies for the certificate or approval in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate or approval; and

 (d) otherwise complies with this Part.

21.077  Duration

 (1) Unless sooner superseded or cancelled, provisional type certificates and amendments thereto are effective for the periods specified in this regulation.

 (2) A Class I provisional type certificate is effective for 24 months after the date of issue.

 (3) A Class II provisional type certificate is effective for 12 months after the date of issue.

 (4) An amendment to a Class I or Class II provisional type certificate is effective for the duration of the amended certificate.

 (5) A provisional amendment to a type certificate is effective for 6 months after its approval or until the amendment of the type certificate is approved, whichever is first.

Source FARs section 21.77 modified.

21.078  Suspension and cancellation

 (1) CASA may suspend or cancel a provisional type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

 (2) A notice must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

 (3) Despite regulation 21.077, a provisional type certificate is not effective while it is suspended but the suspension period counts as part of a period mentioned in subregulation 21.077(2) or (3).

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional type certificates.

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

 (1) An applicant for a type certificate or a supplemental type certificate is entitled to the issue of a Class I provisional type certificate, or an approval of an amendment of a Class I provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the relevant aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

 (a) established by the applicant under subregulation (4); and

 (b) in regulation 262AO of CAR.

 (2) The applicant must certify that:

 (a) the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate or supplemental type certificate applied for; and

 (b) the aircraft substantially meets the applicable flight characteristic requirements for the type certificate or supplemental type certificate applied for; and

 (c) the aircraft can be operated safely under the appropriate operating limitations specified in subregulation (1).

 (3) The applicant must submit a report to CASA showing that the aircraft had been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate or supplemental type certificate applied for, and to establish that the aircraft can be operated safely in accordance with the limitations contained in these Regulations.

 (4) The applicant must establish all limitations required for the issue of the type certificate or supplemental type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

 (5) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

 (6) The applicant must show CASA that a prototype aircraft has been flown for at least 50 hours under an experimental certificate or under the auspices of the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America. However, in the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source FARs section 21.81 modified.

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

 (1) An applicant who manufactures an aircraft within Australian territory, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

 (a) set out in the provisional aircraft flight manual (if any) required by subregulation (7); and

 (b) in regulation 262AO of CAR.

 (2) An applicant who manufactures an aircraft in a country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements of subregulation (5) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

 (a) in the provisional aircraft flight manual (if any) required by subregulation (7); and

 (b) in regulation 262AO of CAR.

 (3) The applicant must hold a type certificate for at least one other aircraft in the same transport category as the subject aircraft.

 (4) The flight test program to be carried out for the purposes of the type certificate or the flight test program conducted by the authorities of the country in which the aircraft was manufactured, with respect to the issue of a type certificate for that aircraft, must be in progress.

 (5) The applicant or, in the case of a foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

 (a) the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate applied for; and

 (b) the aircraft substantially complies with the applicable flight characteristic requirements for the type certificate applied for; and

 (c) the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

 (6) The applicant must submit a report to CASA showing that the aircraft has been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate and to establish that the aircraft can be operated safely in accordance with the limitations in these Regulations.

 (7) The applicant must prepare a provisional aircraft flight manual containing all limitations required for the issue of the type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

 (8) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

 (9) The applicant must show CASA that a prototype aircraft has been flown for at least 100 hours. In the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source FARs section 21.83 modified.

21.085  Provisional amendments to type certificates

 (1) An applicant who manufactures an aircraft within Australian territory, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

 (2) An applicant who manufactures an aircraft in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements mentioned in subregulation (4) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

 (3) The flight test program approved by CASA, or conducted under the agreement by the authorities of the country in which the aircraft was manufactured, with respect to the amendment of the type certificate, must be in progress.

 (4) The applicant or, in the case of foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

 (a) the modification involved in the amendment to the type certificate has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate for the aircraft; and

 (b) the aircraft incorporating the modification substantially complies with the applicable flight characteristic requirements for the type certificate; and

 (c) the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

 (5) The applicant must submit a report to CASA showing that the aircraft incorporating the modifications involved has been flown in all manoeuvres necessary to show compliance with the flight requirements applicable to those modifications and to establish that the aircraft can be operated safely in accordance with the limitations mentioned in regulation 262AO of CAR.

 (6) The applicant must establish and publish, in a provisional aircraft flight manual or other document and on appropriate placards, all limitations required for the issue of the type certificate applied for, including weight, speed, flight manoeuvres, loading, and operation of controls and equipment, unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

 (7) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

 (8) The applicant must operate a prototype aircraft, modified in accordance with the corresponding amendment to the type certificate, for the number of hours found necessary by CASA in the particular case.

Source FARs section 21.85 modified.

Subpart 21.DChanges to type certificates

 

21.091  Applicability

  This Subpart deals with the approval of changes to type certificates.

Source FARs section 21.91 modified.

21.093  Classification of changes in type design

  Changes in type design are classified as minor or major. A minor change is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of an aircraft, aircraft engine or propeller. All other changes are major changes.

Source FARs section 21.93 modified.

21.095  Approval of minor changes in type design

 (1) The holder of a type certificate for an aircraft, aircraft engine or propeller may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a minor change in the type design of the aircraft, aircraft engine or propeller.

 (2) Subregulation (3) applies if the application is made to CASA or an authorised person.

 (3) Subject to regulation 11.055, CASA or the authorised person must grant the approval if the type design, as modified by the minor change, would meet the requirements of this Part for the type design.

 (4) Subregulation (5) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design would meet a requirement.

 (5) If the approved design organisation is satisfied that the design would meet the requirement, the organisation may give CASA a certificate to that effect.

 (6) For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (5), CASA need consider only that certificate in deciding whether the design would meet the requirement.

 (7) Subregulation (8) applies if the application is made to an approved design organisation.

 (8) Subject to regulation 11.055, the approved design organisation must grant the approval if the type design, as modified by the minor change, would meet:

 (a) the requirements of this Part for the type design; and

 (b) any requirements mentioned in the organisation’s exposition.

21.097  Eligibility for approval of major changes in type design

 (1) The holder of a type certificate for an aircraft, aircraft engine or propeller is eligible to apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a major change in the type design of the aircraft, aircraft engine or propeller.

 (2) An applicant is entitled to the approval if the applicant:

 (a) submits with the application substantiating data and necessary descriptive data for inclusion in the type design; and

 (b) complies with regulation 21.101.

 (3) Approval of a major change in the type design of an aircraft engine is limited to the specific engine configuration upon which the change is made unless the applicant identifies in the necessary descriptive data for inclusion in the type design the other configurations of the same engine type for which approval is requested and shows that the change is compatible with the other configurations.

Source FARs section 21.97 modified.

21.098  Issue of approval of major change in type design

 (1) Subject to regulation 11.055, CASA, an authorised person or an approved design organisation must approve a major change in the type design of an aircraft, aircraft engine or propeller if the applicant for the approval:

 (a) is eligible, under subregulation 21.097(1), to apply for the approval; and

 (b) applies for the approval in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the approval; and

 (d) otherwise complies with this Part.

 (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the applicant meets a requirement mentioned in subregulation (1).

 (3) If the approved design organisation is satisfied that the applicant meets the requirement, the organisation may give CASA a certificate to that effect.

 (4) For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the applicant meets the requirement.

21.099  Required design changes

 (1) If an airworthiness directive is issued for an aircraft, aircraft engine or propeller, and CASA considers that design changes are necessary to correct the unsafe condition of the aircraft, aircraft engine or propeller, the holder of the type certificate for the aircraft, aircraft engine or propeller must, on CASA’s request, submit appropriate design changes for approval.

Penalty: 50 penalty units.

 (1A) If approval is granted for design changes mentioned in subregulation (1), the holder of the type certificate for the aircraft, aircraft engine or propeller must, on request by the operator of an affected aircraft, aircraft engine or propeller previously certificated under the type certificate, give to that operator the descriptive data covering the design changes.

Penalty: 50 penalty units.

 (2) In a case where there are no current unsafe conditions, but CASA or the holder of the type certificate is satisfied through service experience that changes in type design will contribute to the safety of the aircraft, aircraft engine or propeller, the holder of the type certificate may submit appropriate design changes for approval. Upon approval of the changes, and on request by an operator of the same type of aircraft, aircraft engine or propeller, the manufacturer must give information on the design changes to the operator.

Penalty: 5 penalty units.

 (3) An offence against subregulation (1), (1A) or (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.99 modified.

21.101  Designation of applicable regulations

 (1) An applicant for approval of a change in the type design described or identified in a type certificate must comply with either:

 (a) the airworthiness standards mentioned in the type certificate; or

 (b) the applicable airworthiness standards in effect on the date of the application, plus any other amendments that CASA is satisfied are directly related.

 (2) If CASA is satisfied that a proposed change consists of a new design or a substantially complete redesign of a component, equipment installation, or system installation, and that the airworthiness standards mentioned in the type certificate for the aircraft, aircraft engine or propeller do not provide adequate standards with respect to the proposed change, the applicant must comply with:

 (a) the applicable provisions of these Regulations, in effect on the date of the application for the change, that CASA is satisfied are necessary to provide a level of safety equivalent to that established by the airworthiness standards mentioned in the type certificate; and

 (b) any special conditions, and amendments to those special conditions, prescribed by CASA to provide a level of safety equal to that established by the airworthiness standards mentioned in the type certificate.

 (3) Unless otherwise required by subregulation 21.019(1), an applicant for a change to a type certificate for a transport category aeroplane involving the replacement of reciprocating engines with the same number of turbopropeller powerplants must comply with the provisions of Part 25 of the FARs for the aeroplane as type certificated with reciprocating engines, and with the following:

 (a) the certification performance requirements prescribed in sections 25.101 to 25.125 (inclusive) and 25.149, 25.1533, 25.1583, and 25.1587 of Part 25 of the FARs;

 (b) the powerplant requirements of Part 25 of the FARs that apply to turbopropeller enginepowered aeroplanes;

 (c) the requirements of Part 25 of the FARs for the standardisation of cockpit controls and instruments, unless CASA is satisfied that compliance with a particular detailed requirement would be impractical and would not contribute materially to standardisation;

 (d) any other requirement of Part 25 of the FARs that applies to turbopropeller enginepowered aeroplanes that CASA is satisfied relates to the changes in engines and that is necessary to ensure a level of safety equal to that of the aeroplane certificated with reciprocating engines.

 (4) For subregulation (3), for each new limitation established with respect to weight, speed, or altitude that is significantly altered from those approved for the aeroplane with reciprocating engines, the applicant must show compliance with the requirements of Part 25 of the FARs applicable to the limitations being changed.

Source FARs section 21.101 modified.

Subpart 21.ESupplemental type certificates

Note: A supplemental type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

 

21.111  Applicability

  This Subpart prescribes requirements for the issue of supplemental type certificates.

Source FARs section 21.111 modified.

21.113  Eligibility for supplemental type certificate

 (1) Any person is eligible to apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller, if the change is not great enough to require an application for a new type certificate under regulation 21.019.

 (2) The holder of the type certificate for the aircraft, aircraft engine or propeller may apply for amendment of the type certificate instead of applying for a supplemental type certificate.

Source FARs section 21.113 modified.

21.113A  Issue of supplemental type certificate

  Subject to regulation 11.055, CASA must issue a supplemental type certificate to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.113, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

21.114  Foreign supplemental type certificates

  A certificate (however described) for an aircraft, aircraft engine or propeller that is issued by or for the national aviation authority of a recognised country and is equivalent to a supplemental type certificate that could have been issued by CASA (a foreign supplemental type certificate) is taken to have been issued by CASA for these Regulations.

21.115  Entitlement to supplemental type certificate—meeting applicable airworthiness requirements

 (1) An applicant is entitled to a supplemental type certificate if CASA is satisfied that:

 (a) either:

 (i) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

 (ii) the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the noncompliance is compensated for by factors that provide an equivalent level of safety; and

 (b) no feature or characteristic of the change in type design makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

 (2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the altered aircraft, aircraft engine or propeller meets:

 (a) an applicable airworthiness requirement mentioned in subparagraph (1)(a)(i); or

 (b) the requirement mentioned in paragraph (1)(b).

 (3) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

 (4) For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

 (5) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change in the type design, as if it were an application for a type certificate under Subpart 21.B.

Source FARs section 21.115 modified.

21.117  What supplemental type certificates are taken to consist of

  A supplemental type certificate is taken to consist of:

 (a) the type certificate or type acceptance certificate previously issued for the aircraft, aircraft engine or propeller; and

 (b) each change in the type design of the aircraft, aircraft engine or propeller described or identified in the supplemental type certificate.

Source FARs section 21.117 modified.

21.118  Duration, suspension and cancellation of supplemental type certificates

 (1) A supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled or the type certificate previously issued for the aircraft, aircraft engine or propeller is cancelled, whichever happens first.

 (2) Despite subregulation (1), a supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

 (3) CASA may suspend or cancel a supplemental type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

 (4) If CASA suspends or cancels a supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

 (5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

 (6) A notice under subregulation (3) or (4) must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) when the suspension or cancellation takes effect; and

 (c) in the case of a suspensionwhen the suspension stops having effect.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of supplemental type certificates.

21.119  Duration, suspension and cancellation of foreign supplemental type certificates

 (1) A foreign supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled by CASA or the national aviation authority of the relevant recognised country.

 (2) Despite subregulation (1), a foreign supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

 (3) CASA may suspend or cancel a foreign supplemental type certificate if CASA considers that it is necessary to do so in the interests of aviation safety.

 (4) If CASA suspends or cancels a foreign supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

 (5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

 (6) A notice must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) when the suspension or cancellation takes effect; and

 (c) in the case of a suspensionwhen the suspension stops having effect.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of foreign supplemental type certificates.

21.120  Transfer of supplemental type certificates

 (1) The holder of a supplemental type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

 (a) the certificate; and

 (b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

 (2) However, the certificate may be transferred only with the written consent of the transferee.

 (3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

 (a) the date of the transfer; and

 (b) the name and address of the transferee.

Penalty: 50 penalty units.

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

21.120A  Licensing of supplemental type certificates

 (1) The holder of a supplemental type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

 (2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

 (a) the date of the licensing agreement; and

 (b) the name and address of the licensee; and

 (c) the benefits conferred on the licensee.

Penalty: 50 penalty units.

 (3) The licensor commits an offence if:

 (a) the licensing agreement is terminated; and

 (b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty: 50 penalty units.

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

21.120B  Variations of supplemental type certificates

 (1) The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller.

 (2) The application may be made to:

 (a) CASA; or

 (b) an authorised person; or

 (c) a relevant approved design organisation.

 (3) Subject to regulation 11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that:

 (a) either:

 (i) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

 (ii) the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the noncompliance is compensated for by factors that provide an equivalent level of safety; and

 (b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

 (4) Subject to regulation 11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that:

 (a) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); and

 (b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

 (5) Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets:

 (a) an applicable airworthiness requirement mentioned in subparagraph (3)(a)(i); or

 (b) the requirement mentioned in paragraph (3)(b).

 (6) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

 (7) For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

 (8) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if:

 (a) the application were an application for a type certificate under Subpart 21.B; and

 (b) each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made.

Subpart 21.FProduction under type certificate only

 

21.121  Applicability

 (1) This Subpart prescribes rules for the production of an aircraft, aircraft engine or propeller under a type certificate only.

 (2) For this Subpart, a person manufactures an aircraft, aircraft engine or propeller under a type certificate only if the person is the holder, or licensee, of a type certificate, but not a production certificate, for the aircraft, aircraft engine or propeller.

Source FARs section 21.121 modified.

Note: Subpart 21.G deals with production certificates.

21.123  Production under type certificate

 (1) Each manufacturer of an aircraft, aircraft engine or propeller being manufactured under a type certificate only must:

 (a) make each aircraft, aircraft engine or propeller available for inspection by CASA; and

 (b) maintain at the place of manufacture the technical data and drawings necessary for CASA to determine whether the aircraft, aircraft engine or propeller and its parts conform to the type design; and

 (c) establish and maintain an approved production inspection system that:

 (i) meets the requirements of subregulation 21.125(2); and

 (ii) ensures that each aircraft, aircraft engine or propeller manufactured under the type certificate more than 6 months after it was issued conforms to the type design and is in a condition for safe operation; and

 (d) upon the establishment of the approved production inspection systemsubmit to CASA a manual that describes the system and the means for meeting the requirements of subregulation 21.125(2).

Penalty: 25 penalty units.

 (1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (2) Each manufacturer may apply to CASA for an extension of the period of 6 months mentioned in subparagraph (1)(c)(ii).

 (3) CASA may extend the period in a particular case if unusual or extenuating circumstances prevent the manufacturer from establishing an approved production inspection system within 6 months after the issue of the type certificate.

Source FARs section 21.123 modified.

21.125  Production inspection system: Materials Review Board

 (1) Each manufacturer required to establish a production inspection system under paragraph 21.123(1)(c) must:

 (a) establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

 (b) maintain complete records of Materials Review Board action for at least two years after the action was taken.

Penalty: 50 penalty units.

 (1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (2) The production inspection system must provide for the following:

 (a) ensuring that incoming materials, and bought or subcontracted parts, used in the finished aircraft, aircraft engine or propeller comply with the technical data for the type design, or are suitable equivalents;

 (b) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

 (c) suitable storage and adequate protection of materials subject to damage and deterioration;

 (d) carrying out processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller in accordance with acceptable industry or Australian specifications;

 (e) inspecting parts and components during production for conformity with the technical data for the type design at points in the process where accurate determinations can be made;

 (f) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

 (g) ensuring that design changes, including material substitutions, are controlled before being incorporated in a finished aircraft, aircraft engine or propeller;

 (h) segregating, identifying, marking and disposing of rejected materials and parts in a manner that precludes installation in the finished aircraft, aircraft engine or propeller;

 (i) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from the technical data for the type design, and that are to be considered for installation in a finished aircraft, aircraft engine or propeller;

 (j) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

 (k) maintaining inspection records, identified with the finished aircraft, aircraft engine or propeller where practicable, and retaining them for at least 2 years.

Source FARs section 21.125 modified.

21.127  Tests: aircraft

 (1) Each person manufacturing aircraft under a type certificate only must establish an approved production flight test procedure and flight checkoff form, and in accordance with that form, flight test each aircraft produced.

Penalty: 25 penalty units.

 (1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (2) Each production flight test procedure must include the following:

 (a) an operational check of the trim, controllability, or other flight characteristics to establish that the production aircraft has the same range and degree of control as the prototype aircraft;

 (b) an operational check of each part or system operated by the crew while in flight to establish that, during flight, instrument readings are within normal range;

 (c) a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test;

 (d) a check of the operational characteristics of the aircraft on the ground;

 (e) a check on any other items peculiar to the aircraft being tested that can best be done during the ground or flight operation of the aircraft.

Source FARs section 21.127 modified.

21.128  Tests: aircraft engines

 (1) Each person manufacturing aircraft engines that are not rocket engines under a type certificate only must subject each engine to an acceptable test run that includes the following:

 (a) breakin runs that include a determination of fuel and oil consumption and a determination of power characteristics at rated maximum continuous power or thrust and, if applicable, at rated takeoff power or thrust;

 (b) at least five hours of operation at rated maximum continuous power or thrust, including, for engines having a rated takeoff power or thrust higher than rated maximum continuous power or thrust, 30 minutes at rated takeoff power or thrust.

Penalty: 25 penalty units.

 (2) The test runs required by subregulation (1) may be made with the engine appropriately mounted and using current types of power and thrust measuring equipment.

 (3) A person manufacturing rocket engines under a type certificate only must establish a sampling technique for testing the engines.

Penalty: 25 penalty units.

 (4) An offence against subregulation (1) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.128 modified.

21.129  Tests: variable pitch propellers

 (1) Each person manufacturing variable pitch propellers under a type certificate only must give each propeller an acceptable functional test to determine if it operates properly throughout the normal range of operation.

Penalty: 25 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.129 modified.

21.130  Statement of conformity

 (1) Each holder or licensee of a type certificate for a type of aircraft, aircraft engine or propeller must give CASA a statement of conformity, in a form acceptable to CASA, for each aircraft, aircraft engine or propeller manufactured under the type certificate only:

 (a) when the holder or licensee applies for the original issue of an aircraft certificate of airworthiness or an aircraft engine or propeller authorised release certificate for the aircraft, aircraft engine or propeller; or

 (b) if the holder or licensee transfers the ownership of the aircraft, aircraft engine or propeller without applying for an authorised release certificate for itwhen the ownership of the aircraft, aircraft engine or propeller is transferred.

 (2) The statement of conformity must be signed by a person who holds a responsible position in the manufacturing organisation and has been authorised by the manufacturer to sign the statement, and must include:

 (a) for each aircraft, aircraft engine or propeller, a statement that it conforms to its type certificate and is in a condition for safe operation; and

 (b) for each aircraft, a statement that the aircraft has been flight checked; and

 (c) for each aircraft engine or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final operational check.

 (3) However, in the case of an aircraft, aircraft engine or propeller manufactured for the Defence Force, or for an armed force of Canada, the United Kingdom or the United States of America, a statement of conformity is not required if the aircraft, aircraft engine or propeller has been accepted by the relevant force.

Source FARs section 21.130 modified.

21.130A  Records to be kept by manufacturer

 (1) A person who manufactures an aircraft, aircraft engine or propeller under a type certificate only must keep, at the place of manufacture, the following current records for the aircraft, aircraft engine or propeller:

 (a) a technical data file that includes the type design drawings, specifications, reports on tests prescribed by this Part, and the original type inspection report and any amendments to that report;

 (b) the information required to prepare the statement of conformity mentioned in regulation 21.130;

 (c) a complete inspection record, the serial number, and data covering the processes and tests to which materials and parts are subjected;

 (d) a record of service difficulties reported to the manufacturer.

Penalty: 50 penalty units.

 (2) The records mentioned in paragraphs (1)(a) and (b) must be kept for the period in which aircraft, aircraft engines or propellers are manufactured by the person under the type certificate.

Penalty: 50 penalty units.

 (3) The records mentioned in paragraphs (1)(c) and (d) must be kept for 2 years after the aircraft, aircraft engine or propeller to which the records relate was manufactured.

Penalty: 50 penalty units.

 (4) On CASA’s request, the records must be made available for examination by CASA.

Penalty: 50 penalty units.

 (5) If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days.

Penalty: 50 penalty units.

 (6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.293 modified.

Subpart 21.GProduction certificates

 

21.131  Applicability

  This Subpart prescribes requirements for the issue of production certificates and rules governing production of Class I, Class II, Class III and unapproved Class I products by the holders of those certificates.

Source FARs section 21.131 modified.

21.132  Definitions for Subpart 21.G

  For this Subpart:

Class I product includes a complete aircraft, aircraft engine or propeller for which a foreign type certificate has been issued.

Class II product includes a major component of:

 (a) a Class I product; or

 (b) an unapproved Class I product.

product design means:

 (a) for an unapproved Class I product—the design that was submitted with the application for a foreign type certificate; and

 (b) for a Class II or Class III product—the design for the product that is:

 (i) approved under regulation 21.132A; or

 (ii) if the product is manufactured under an agreement with a foreign manufacturer for supply to that manufacturer—approved by the national aviation authority of the relevant foreign country; or

 (iii) approved in a supplemental type certificate or a foreign supplemental type certificate; or

 (iv) approved in a modification/repair design approval or in an approval mentioned in regulation 21.475; or

 (v) taken to be approved under regulation 21.465 or 21.470; or

 (vi) covered by an approval that continues in force under regulation 202.054, 202.055 or 202.056.

unapproved Class I product means a complete aircraft, aircraft engine or propeller:

 (a) designed by or for a manufacturer that is in a foreign country; and

 (b) for which an application for a foreign type certificate has been made; and

 (c) for which no foreign type certificate has been issued.

Note: See also the definitions of Class I product, Class II product and Class III product in regulation 21.321.

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

 (1) A person may apply, in writing, to CASA or an authorised person or relevant approved design organisation for approval of the design of a Class II or Class III product.

 (2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the design of the product if satisfied that the design:

 (a) consists of drawings, specifications and other information that fully describe the product; and

 (b) includes all the information necessary to manufacture the product, including:

 (i) information that shows the dimensions and appearance of the product; and

 (ii) the materials used in the manufacture of the product; and

 (iii) information about the process or processes used to manufacture the product; and

 (iv) any methods used to test or measure the product; and

 (v) information that shows the structural strength of the product; and

 (c) meets the applicable airworthiness standards for the product.

 (3) For paragraph (2)(c), if the application is made to CASA, CASA may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

 (a) an examination of the design; or

 (b) the technical data for the design approved under regulation 21.009; or

 (c) a certificate from an approved design organisation under subregulation (6).

 (4) For paragraph (2)(c), if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

 (a) an examination of the design; or

 (b) the technical data for the design approved under regulation 21.009.

 (5) Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the applicable airworthiness standards for the product.

 (6) If the approved design organisation is satisfied that the design meets the airworthiness standards, the organisation may give CASA a certificate to that effect.

21.133  Eligibility

 (1) A person is eligible to apply for a production certificate for a Class I product if the person:

 (a) holds a current type certificate or foreign type certificate for the product; or

 (b) holds the right, under a licensing agreement, to the benefits of the type certificate or foreign type certificate for the product; or

 (c) holds a supplemental type certificate or foreign supplemental type certificate for the product; or

 (d) holds the right, under a licensing agreement, to the benefits of the supplemental type certificate or foreign supplemental type certificate for the product.

 (2) A person is also eligible to apply for a production certificate if:

 (a) the person has an agreement with a foreign manufacturer to:

 (i) manufacture a Class I, Class II, Class III or unapproved Class I product; and

 (ii) supply the product to the foreign manufacturer; and

 (b) the terms of the agreement require that the person be approved to manufacture the product.

 (2A) A person is also eligible to apply for a production certificate for a Class II or Class III product if:

 (a) the product is an aircraft component of a type in respect of which a certificate of type approval is in force; and

 (b) the person is lawfully manufacturing the component or is proposing to manufacture the component and is entitled to do so.

 (2B) A person is also eligible to apply for a production certificate to manufacture a Class II or Class III product on a oneoff basis for supply to:

 (a) the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or

 (b) the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller.

Source FARs section 21.133 modified.

21.134  Issue of production certificate

  Subject to regulation 11.055, CASA must issue a production certificate to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.133, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

21.135  Requirements for entitlement

 (1) An applicant is entitled to a production certificate if CASA is satisfied that the applicant has complied with regulations 21.139 and 21.143 in relation to the Class I, Class II, Class III or unapproved class I product to be manufactured under the certificate.

 (2) CASA may inspect the applicant’s organisation and manufacturing facilities to determine whether the applicant has complied with regulations 21.139 and 21.143.

Source FARs section 21.135 modified.

21.137  Location of manufacturing facilities

  Despite regulation 21.134, CASA is not required to issue a production certificate if the manufacturing facilities concerned are located outside Australian territory, unless there is no undue burden on CASA in administering the applicable requirements of these Regulations.

Source FARs section 21.137 modified.

21.139  Quality system

  An applicant for a production certificate must show that the applicant has established, and can maintain, a quality system so that:

 (a) each Class I product to be manufactured under the certificate will conform to the type design for the product; and

 (b) each Class II, Class III or unapproved Class I product to be manufactured under the certificate will conform to the product design for the product.

Source FARs section 21.139 modified.

21.143  Quality system data requirements: prime manufacturer

 (1) An applicant for a production certificate must submit to CASA, for approval, a manual describing the inspection and test procedures necessary to ensure that each product manufactured under the production certificate is in a condition for safe operation and conforms to:

 (a) for a Class I productthe type design; and

 (b) for a Class II, Class III or unapproved Class I productthe product design.

 (1A) The manual mentioned in subregulation (1) must include any of the following that apply to the product:

 (a) a statement describing how responsibilities are assigned and authority is delegated in the quality system organisation, together with a chart indicating:

 (i) the functional relationship of the quality system organisation to management and to other organisational components; and

 (ii) the chain of authority and responsibility within the quality system organisation;

 (b) a description of:

 (i) the inspection procedures for raw materials, purchased items and parts and assemblies produced by manufacturers’ suppliers; and

 (ii) the methods used to ensure that parts and assemblies that cannot be completely inspected when delivered to the production certificate holder’s plant are acceptable;

 (c) a description of:

 (i) the production inspection system for individual parts and complete assemblies; and

 (ii) the methods used for the identification of any special manufacturing processes involved; and

 (iii) the means used to control the processes; and

 (iv) the final test procedure for the product; and

 (v) in the case of a Class I product that is a completed aircraft, a copy of the manufacturer’s production flight test procedures and checkoff list;

 (d) for a product other than a Class II or Class III product referred to in subregulation 21.133(2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts;

 (e) an outline of a system for informing company inspectors of current changes in engineering drawings, specifications, and quality system procedures;

 (f) a list or chart showing the location and type of inspection stations.

Note: A Materials Review Board must be established by the holder of a production certificate: see regulation 21.145.

 (1B) CASA must approve a manual that is prepared for, and meets the requirements of, this regulation.

 (2) The holder of a production certificate must, on the request of CASA, make available to CASA information regarding all delegation of authority to suppliers to make major inspections of parts or assemblies for which the holder is responsible.

Penalty: 25 penalty units.

 (3) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.143 modified.

21.144  Production inspection system

  The production inspection system mentioned in paragraph 21.143(1A)(c) must provide for the following:

 (a) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

 (b) suitable storage and adequate protection of materials subject to damage and deterioration;

 (c) carrying out processes affecting the quality and safety of the finished Class I, Class II, Class III or unapproved Class I product in accordance with acceptable industry or Australian specifications;

 (d) inspecting parts and components, at points during the production process at which accurate determinations can be made, to determine whether:

 (i) parts and components for a Class I product conform to the type design data for the product; or

 (ii) parts and components for a Class II, Class III or unapproved Class I product conform to the product design data for the product;

 (e) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

 (f) ensuring that design changes, including material substitutions, are controlled before being incorporated in:

 (i) a finished Class I product; or

 (ii) a Class II, Class III or unapproved Class I product;

 (g) segregating and identifying rejected materials and parts in a manner that precludes installation in the finished Class I, Class II, Class III or unapproved Class I product;

 (h) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in a finished Class I, Class II, Class III or unapproved Class I product;

 (i) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

 (j) maintaining inspection records, identified with the finished Class I, Class II, Class III or unapproved Class I product where practicable, and retaining them for at least 2 years.

Source FARs section 21.125 modified.

21.145  Materials Review Board

 (1) The holder of a production certificate (other than a production certificate referred to in subregulation 21.133(2B)) must:

 (a) establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

 (b) maintain complete records of Materials Review Board action for at least 2 years after the action was taken.

Penalty: 50 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.125 modified.

21.147  Changes in quality system

 (1) After the issue of a production certificate, each change to the quality system is subject to review by CASA.

 (2) The holder of a production certificate must immediately notify CASA, in writing, of any change to the quality system that may affect:

 (a) the inspection of a Class I product being manufactured under the certificate, or the conformity of such a product to its type design data, or the airworthiness of such a product; or

 (b) the inspection of an unapproved Class I product being manufactured under the certificate, or the conformity of such a product to its product design data, or the airworthiness of such a product; or

 (c) the inspection of a Class II or Class III product being manufactured under the certificate, or the conformity of such a product to its product design data.

Penalty: 50 penalty units.

 (3) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

21.149  Multiple products

  CASA may authorise more than 1 Class I, Class II, Class III or unapproved Class I product to be manufactured under 1 production certificate if the products have similar production characteristics.

Source FARs section 21.149 modified.

21.151  Production limitation record

  A production certificate must include, or have attached to it, a production limitation record that sets out:

 (a) for a Class I productthe type certificate or foreign type certificate of each product authorised to be manufactured under the production certificate; and

 (b) for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133(2B)) or an unapproved Class I productthe product design of each product authorised to be manufactured under the production certificate; and

 (c) for a Class II or Class III product referred to in subregulation 21.133(2B)a description of each product authorised to be manufactured under the production certificate.

Source FARs section 21.151 modified.

21.153  Amendment of production certificate

 (1) The holder of a production certificate may apply to CASA to amend the certificate to add 1 or more of the following:

 (a) a Class I product type certificate or foreign type certificate;

 (b) a model to a Class I product type certificate or foreign type certificate;

 (c) an unapproved Class I product design;

 (d) a Class II product design;

 (e) a Class III product design.

 (2) CASA may amend the certificate if the applicant complies with the applicable requirements of regulations 21.139, 21.143 and 21.147.

Source FARs section 21.153 modified.

21.157  Inspections and tests

 (1) If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests.

Penalty: 50 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.157 modified.

21.159  Duration

 (1) A production certificate ceases to be in force:

 (a) if the location of the manufacturing facility is changed; or

 (b) if it is cancelled; or

 (c) if a termination date is specified in the certificateat midnight on that date.

 (2) A production certificate is not in force during any period of suspension.

 (3) CASA may suspend or cancel a production certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

 (4) A notice must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

Source FARs section 21.159 modified.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of production certificates.

21.161  Display

 (1) The holder of a production certificate must take reasonable steps to ensure that it is displayed prominently in the main office of the manufacturing facility in which the aircraft, aircraft engine or propeller to which the certificate relates is manufactured.

Penalty: 5 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.161 modified.

21.163  Privileges for holders of production certificatesconduct of training in particular maintenance

Primary category aircraft

 (1) Subregulation (2) applies to:

 (a) a person who:

 (i) holds a production certificate for a primary category aircraft of a particular type and model; and

 (ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(1); and

 (b) a person who:

 (i) holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and

 (ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(3).

 (2) Subject to subregulation (5), the person may:

 (a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.024(2); and

 (b) if the person successfully completes the trainingissue a certificate of competency for that type and model of aircraft to the person.

Intermediate category aircraft

 (3) Subregulation (4) applies to a person who:

 (a) holds a production certificate for an intermediate category aircraft of a particular type and model; and

 (b) is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A(1).

 (4) Subject to subregulation (5), a person who is eligible may:

 (a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.026(2); and

 (b) if the person successfully completes the trainingissue a certificate of competency for that type and model of aircraft to the person.

Training to be given by licensed aircraft maintenance engineer

 (5) For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer:

 (a) who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and

 (b) if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionarywhose licence is endorsed with the rating for that aircraft type.

Source FARs section 21.163 modified.

21.165  Responsibility of holder of production certificate

 (1) The holder of a production certificate must maintain the quality system in conformity with the manual approved under regulation 21.143 in relation to the production certificate.

Penalty: 50 penalty units.

 (2) The holder of a production certificate for a Class I product must ensure that each finished product that is:

 (a) manufactured under the authority of the certificate; and

 (b) submitted for airworthiness certification or approval;

conforms to the type design for the product and is in a condition for safe operation.

Penalty: 50 penalty units.

 (3) The holder of a production certificate for a Class II, Class III or unapproved Class I product must ensure that each product that is:

 (a) manufactured under the authority of the certificate; and

 (b) submitted for approval;

conforms to the product design and is in a condition for safe operation.

Penalty: 50 penalty units.

 (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.165 modified.

21.166  Records to be kept by holder of production certificate

 (1) A person who manufactures a Class I, Class II, Class III or unapproved Class I product under a production certificate must keep, at the place of manufacture, the following records for each product:

 (a) for a Class I product, a technical data file that includes:

 (i) the current type design drawings; and

 (ii) the current specifications; and

 (iii) the reports on the results of any tests required by or under this Part; and

 (iv) the original type inspection report; and

 (v) any amendments to that report;

 (b) for a Class II, Class III or unapproved Class I product, the current product design and the reports on the results of any tests required by or under this Part;

 (c) any data (including any amendments) required to be submitted with the original application for the production certificate;

 (d) a record of any rebuilding or alteration performed by the person;

 (e) an inspection record;

 (f) any serial number;

 (g) any data about the processes and tests to which materials and parts used in the product are subjected;

 (h) a record of any service difficulties reported to the person.

Penalty: 50 penalty units.

 (2) The records mentioned in paragraphs (1)(a), (b), (c) and (d) must be retained for the period during which the product is manufactured by the person under the production certificate.

Penalty: 50 penalty units.

 (3) The records mentioned in paragraphs (1)(e), (f), (g) and (h) must be retained for 2 years after the manufacture of the product to which the records relate.

Penalty: 50 penalty units.

 (4) The person must allow CASA to examine the records at any reasonable time after reasonable notice is given to the person.

Penalty: 50 penalty units.

 (5) If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops.

Penalty: 50 penalty units.

 (6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.293 modified.

Subpart 21.HCertificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

Note: A certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

 

21.171  Applicability

  This Subpart prescribes requirements for the issue of certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits.

Source FARs section 21.171 modified.

Note: Under Part 200 (Aircraft to which CASR do not apply), certain Australian aircraft are authorised to fly without a certificate of airworthiness.

21.172  Definitions for Subpart

  In this Subpart:

LSA standards means:

 (a) the standards for the design, performance or continuing airworthiness of light sport aircraft issued by the American Society for Testing and Materials, as in force from time to time; or

 (b) the standards prescribed by the Part 21 Manual of Standards for the design, performance or continuing airworthiness of light sport aircraft.

Note: The standards issued by the American Society for Testing and Materials could in 2015 be viewed on the society’s website (http://www.astm.com).

qualified manufacturer of a light sport aircraft means:

 (a) a manufacturer who, at the time the light sport aircraft was manufactured, held a current production certificate for an aircraft; or

 (b) a manufacturer who has made a written declaration that, at the time the light sport aircraft was manufactured, it had:

 (i) contracted engineering personnel with experience in ultralight or light aircraft design to ensure compliance with LSA standards referred to in paragraph 21.186(2)(b); and

 (ii) facilities and tools suitable for the production of the aircraft in accordance with the applicable LSA standards; and

 (iii) competent personnel, with appropriate training, skills and experience, to perform work that affects product quality.

21.173  Eligibility

 (1) In this regulation:

certificate of airworthiness does not include:

 (a) an experimental certificate; or

 (b) a provisional certificate of airworthiness.

 (2) The registered operator of an aircraft, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply for a certificate of airworthiness for the aircraft.

 (3) The application must be made to:

 (a) for an application for a limited category certificate—CASA or a limited category organisation; or

 (b) for any other application—CASA or an authorised person.

21.174  Applications for limited category certificates made to CASA—giving to limited category organisation

 (1) This regulation applies if an application for a limited category certificate for an aircraft is made to CASA.

 (2) CASA may give the application to a limited category organisation for the purposes of the organisation deciding the application.

 (3) If there is more than one limited category organisation that may deal with the application, CASA must ask the applicant to nominate a limited category organisation for the application.

 (4) If CASA gives the application to a limited category organisation under this regulation, CASA must give the organisation anything in its records about the applicant that is relevant to the organisation making a decision on the application.

 (5) If CASA gives the application to a limited category organisation under this regulation:

 (a) for these Regulations, the application is taken to have been made to the organisation; and

 (b) the organisation must decide the application; and

 (c) CASA must give the applicant written notice that the application has been given to the organisation for the purposes of the organisation deciding it.

 (6) Without limiting subregulation (5), and for the avoidance of doubt:

 (a) CASA is taken not to have refused the application; and

 (b) nothing in this Part authorises the limited category organisation to return the application to CASA for the purposes of CASA deciding it, but the organisation may consult with, or seek information from, CASA for the purposes of deciding the application.

21.175  Certificates of airworthiness: classification

  In these Regulations:

special certificate of airworthiness means:

 (a) a certificate of airworthiness issued for:

 (i) an aircraft type certificated in the primary, intermediate or restricted category; or

 (ii) an aircraft in the limited category; or

 (iii) an amateurbuilt aircraft accepted under an ABAA; or

 (iv) a light sport aircraft covered by regulation 21.186; or

 (b) a provisional certificate of airworthiness; or

 (c) an experimental certificate.

standard certificate of airworthiness means a certificate of airworthiness issued for:

 (a) an aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category; or

 (b) a manned free balloon; or

 (c) an aircraft in a special class of aircraft.

Source FARs section 21.175 modified.

21.176  Issue of certain certificates of airworthiness

 (1) Subject to regulation 11.055, CASA, a limited category organisation or an authorised person must issue a certificate of airworthiness to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.173, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

 (3) A condition imposed on a certificate of airworthiness under regulation 11.056 may include operational limitations.

 (4) Any conditions imposed on a certificate of airworthiness under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing, and set out in, or attached to, the certificate of airworthiness.

Limited category certificates—assignment of permit index numbers

 (5) If CASA or a limited category organisation decides to issue a limited category certificate for an aircraft, CASA or the organisation must assign a permit index number to the aircraft in accordance with regulation 132.195.

Note: See also regulation 132.230 (Notice to CASA—certain proposed actions by limited category organisation).

Limited category certificates—information to be included

 (5A) The following information must be included in a limited category certificate for an aircraft, or in an attachment to the certificate:

 (a) each special purpose operation for which the aircraft is to be operated;

 (b) the aircraft’s permit index number.

 (6) In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

21.179  Transferability

  Subject to regulation 21.219, a certificate of airworthiness is transferred with the aircraft.

Source FARs section 21.179 modified.

Note: Regulation 21.219 relates to the transferability of provisional certificates of airworthiness.

21.181  Duration of certain certificates of airworthiness

 (1) In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

 (2) Subject to subregulation (4), a certificate of airworthiness continues in force:

 (a) if a period is specified in the certificateuntil the end of the period or until it is cancelled, whichever occurs first; or

 (b) in any other caseuntil it is cancelled.

 (3) The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person.

Penalty: 5 penalty units.

 (4) A certificate of airworthiness for an aircraft stops being in force if:

 (a) the aircraft ceases to be registered in Australia; or

 (b) any type certificate or type acceptance certificate for the type of aircraft concerned stops being in force; or

 (c) in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, a modification is made to the aircraft and the modification:

 (i) is not authorised by the manufacturer; or

 (ii) if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that timeis not authorised by a person appointed by CASA to perform the functions of the manufacturer in relation to the continuing airworthiness of the light sport aircraft; or

 (iii) does not comply with the LSA standards.

 (5) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in regular public transport operations, by written notice given to its holder, if:

 (a) for an aircraft to which Part 42 appliesany maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

 (aa) for an aircraft to which Part 42 does not applyany maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

 (b) the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft’s original type certificate was issued or the national aviation authority of a Contracting State, with respect to:

 (i) collecting and investigating information on defects; or

 (ii) reporting defects to the national aviation authority of the country of original type certification; or

 (iii) keeping type records; or

 (iv) producing and maintaining manuals; or

 (v) issuing instructions for continuing airworthiness; or

 (c) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

 (6) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if:

 (a) for an aircraft to which Part 42 appliesany maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

 (aa) for an aircraft to which Part 42 does not applyany maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

 (b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

 (7) A notice under subregulation (5) or (6) must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

 (8) Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

 (9) The holder of a certificate of airworthiness that stops being in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.

Penalty: 5 penalty units.

 (10) An offence against subregulation (3) or (9) is an offence of strict liability.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.181 modified.

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of certificates of airworthiness.

21.182  Aircraft manufacturer’s data plate

 (1) Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:

 (a) as required by Subpart 21.Q; or

 (b) in the case of an imported aircraft:

 (i) as required by the national aviation authority of the Contracting State in which it was certificated; or

 (ii) in another way acceptable to CASA.

 (2) Subregulation (1) does not apply to an applicant:

 (a) if the applicant is applying for an experimental certificate for an aircraft that is not an amateurbuilt aircraft, a kitbuilt aircraft or a light sport aircraft; or

 (b) if:

 (i) a different certificate of airworthiness is in force for the aircraft; and

 (ii) the applicant for the issue of that certificate complied with subregulation (1).

Source FARs section 21.182 modified.

21.183  Standard certificates of airworthiness

New aircraft manufactured under a production certificate

 (1) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

 (a) does not conform to the type design; or

 (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

 (c) is not in a condition for safe operation.

New aircraft manufactured under type certificate only

 (2) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a type certificate only is entitled to the certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity required by regulation 21.130, if CASA finds after inspection that the aircraft:

 (a) conforms to the type design; and

 (b) has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) is in a condition for safe operation; and

 (d) was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate.

Imported aircraft

 (3) An applicant for a standard certificate of airworthiness for an aircraft for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person is satisfied that:

 (a) the aircraft conforms to the type design; and

 (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) the aircraft is in a condition for safe operation.

Other aircraft

 (4) An applicant for a standard certificate of airworthiness for aircraft not covered by subregulation (1), (2) or (3) is entitled to the certificate if:

 (a) the aircraft:

 (i) has a type design approved under a type certificate or a supplemental type certificate; or

 (ii) if there is no type certificate or supplemental type certificate for the aircraftis of a type or model that has previously been issued a certificate of airworthiness in the category applied for; and

 (b) the aircraft complies with any applicable airworthiness directives; and

 (c) the aircraft meets the requirements mentioned in subregulation (4A); and

 (d) CASA or an authorised person is satisfied that:

 (i) the aircraft conforms to the type design (if any); and

 (ii) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (iii) the aircraft is in a condition for safe operation.

 (4A) For paragraph (4)(c), the requirements are that:

 (a) the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and

 (b) if Part 42 applies to the aircraftan airworthiness review certificate is in force for the aircraft; and

 (c) if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and modela person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184(4).

Inspection

 (5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1), (3) or (4) to determine whether:

 (a) it conforms to the type design; and

 (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) it is in a condition for safe operation.

Source FARs section 21.183 modified.

21.184  Special certificates of airworthiness for primary category aircraft

New primary category aircraft manufactured under a production certificate

 (1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

 (a) does not conform to the type design; or

 (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

 (c) is not in a condition for safe operation.

Imported aircraft

 (2) An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that:

 (a) the aircraft conforms to the type design; and

 (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) the aircraft is in a condition for safe operation.

Aircraft having a current standard certificate of airworthiness

 (3) An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:

 (a) the aircraft has a standard certificate of airworthiness; and

 (b) the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and

 (c) the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and

 (d) the applicant meets the requirements mentioned in regulation 21.113A; and

 (e) if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight—one of the following documents has been issued for the aircraft in relation to the maintenance:

 (i) a certificate of release to service;

 (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and

 (f) if Part 42 does not apply to the aircrafta maintenance release is in force for the aircraft.

Other aircraft

 (4) An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that:

 (a) the aircraft:

 (i) conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or

 (ii) complies with the requirements prescribed by the Part 21 Manual of Standards; and

 (b) the aircraft complies with all applicable airworthiness directives; and

 (c) if Part 42 applies to the aircraftan airworthiness review certificate is in force for the aircraft; and

 (ca) if Part 42 does not apply to the aircraftthe aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

 (d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (e) the aircraft is in a condition for safe operation.

Inspection

 (5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether:

 (a) it conforms to the type design; and

 (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) it is in a condition for safe operation.

Multiplecategory certification

 (6) A multiplecategory certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness.

Source FARs section 21.184 modified.

21.184A  Special certificates of airworthiness for intermediate category aircraft

New intermediate category aircraft manufactured under a production certificate

 (1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and was manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

 (a) does not conform to the type design; or

 (b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

 (c) is not in a condition for safe operation.

Other aircraft

 (2) An applicant for a special certificate of airworthiness for an aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and is not covered by subregulation (1) is entitled to the certificate if CASA or an authorised person is satisfied that:

 (a) the aircraft:

 (i) conforms to an approved intermediate, normal, utility, or acrobatic type design; or

 (ii) complies with the requirements prescribed by the Part 21 Manual of Standards; and

 (b) the aircraft complies with all applicable airworthiness directives; and

 (c) if Part 42 applies to the aircraftan airworthiness review certificate is in force for the aircraft; and

 (ca) if Part 42 does not apply to the aircraftthe aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

 (d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (e) the aircraft is in a condition for safe operation.

Inspection

 (3) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (2) to determine whether:

 (a) it conforms to the type design; and

 (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) it is in a condition for safe operation.

Multiplecategory certification

 (4) A multiplecategory certificate of airworthiness in the intermediate category and any other category must not be issued; an intermediate category aircraft may hold only one certificate of airworthiness.

Source FARs section 21.184 modified.

21.185  Certificates of airworthiness for restricted category aircraft

Aircraft manufactured under a production certificate or type certificate only

 (1) An applicant for the original issue of a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, is entitled to the certificate if the applicant complies with the appropriate provisions of regulation 21.183.

Imported aircraft

 (2) An applicant for the original issue of a restricted category certificate of airworthiness for an imported aircraft type certificated only in the restricted category under regulation 21.029 or 21.029A is entitled to a certificate of airworthiness if CASA or an authorised person is satisfied that:

 (a) the aircraft conforms to the type design; and

 (b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) the aircraft is in a condition for safe operation.

Other aircraft

 (3) An applicant for a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was a surplus aircraft of the Defence Force, or of an armed force of Canada, the United Kingdom or the United States of America, or was previously certificated in another category, is entitled to the certificate if CASA or an authorised person is satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.

 (3A) Subregulation (3B) applies to an aircraft:

 (a) that is type certificated in the normal, utility, acrobatic, commuter or transport category; and

 (b) that has been modified for 1 or more of the special purpose operations mentioned in regulation 21.025; and

 (c) the modifications to which have been carried out in accordance with:

 (i) an approved modification/repair design; or

 (ii) a supplemental type certificate.

 (3B) An applicant for a special certificate of airworthiness for an aircraft to which this subregulation applies is entitled to the certificate as if the aircraft were type certificated in the restricted category if CASA or an authorised person finds, after inspection, that:

 (a) the aircraft meets the requirements of the normal utility, acrobatic, commuter or transport category except the requirements that CASA or the authorised person considers are inappropriate for the special purpose for which the aircraft is to be used; and

 (b) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Inspection

 (4) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (3) to determine whether:

 (a) it conforms to the type design; and

 (b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

 (c) it is in a condition for safe operation.

Source FARs section 21.185 modified.

21.186  Special certificates of airworthiness for light sport aircraft

 (1) An applicant is entitled to a special certificate of airworthiness for a light sport aircraft if:

 (a) the aircraft was manufactured by a qualified manufacturer; and

 (b) the applicant gives CASA, or the authorised person referred to in regulation 21.176, the following:

 (i) a statement of compliance by the manufacturer that complies with subregulation (2);

 (ii) copies of the aircraft operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer;

 (iii) in the case of a light sport aircraft manufactured outside Australiawritten information showing that:

 (A) the aircraft was manufactured in a Contracting State; and

 (B) the aircraft is eligible for a certificate of airworthiness, or another document of similar effect, in the country of manufacture; and

 (c) CASA or an authorised person finds, after inspection, that the aircraft is in a condition for safe operation.

 (2) A statement of compliance must be signed by the manufacturer and include at least the following:

 (a) a statement setting out the aircraft’s make and model, serial number and date of manufacture;

 (b) a statement specifying which of the LSA standards apply to the design of the aircraft, including a statement to the effect that the design of the aircraft complies with the specified standards;

 (c) a statement specifying that:

 (i) the manufacturer has a quality system that complies with the LSA standards; and

 (ii) based on that system, the aircraft conforms to the manufacturer’s technical data for the design of the aircraft;

 (d) a statement to the effect that the manufacturer will make the statements, documents and information referred to in paragraph (1)(b) available to any person who asks the manufacturer for them;

 (e) a statement to the effect that the manufacturer will monitor the continuing airworthiness of the aircraft and will issue directions or requirements that comply with the LSA standards to correct any unsafe condition;

 (f) a statement to the effect that, in accordance with a production acceptance test procedure that complies with the LSA standards:

 (i) the manufacturer has groundtested and flighttested the aircraft; and

 (ii) the manufacturer found the aircraft’s performance during ground and flight testing acceptable; and

 (iii) the aircraft is in a condition for safe operation.

21.187  Multiplecategory airworthiness certification

 (1) An applicant for a certificate of airworthiness for an aircraft in the restricted category, and in one or more other categories (except the primary or intermediate category), is entitled to the certificate, if the aircraft:

 (a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

 (b) can be converted from one category to another by removing or adding equipment by simple mechanical means.

 (2) The operator of an aircraft certificated in the restricted category and in one or more other categories must have the aircraft inspected to determine airworthiness each time the aircraft is converted from the restricted category to another category for the carriage of passengers.

Penalty: 50 penalty units.

 (2A) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) The inspection must be carried out by:

 (a) CASA or an authorised person; or

 (b) a person who, under regulation 42ZE or 42ZN of CAR, can certify that the maintenance carried out on the aircraft for the purposes of its conversion was completed.

 (4) CASA or an authorised person may inspect the aircraft, and may require the applicant to make any tests reasonably necessary, to determine whether the aircraft:

 (a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

 (b) can be converted from one category to another by removing or adding equipment by simple mechanical means.

Source FARs section 21.187 modified.

21.189  Special certificate of airworthiness for limited category aircraft

 (1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the limited category for one or more special purpose operations mentioned in subregulation (3) if:

 (a) either:

 (i) CASA or the limited category organisation deciding the application is satisfied that the aircraft meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); or

 (ii) the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force, and for which the applicant can demonstrate to CASA or the limited category organisation deciding the application a satisfactory history of operation; and

 (b) as far as can be reasonably determined, CASA or the limited category organisation is satisfied that the aircraft is in a good state of preservation and repair and is in a condition for safe operation; and

 (c) as far as can be reasonably determined, CASA or the limited category organisation is satisfied that the aircraft can reasonably be expected to be safe when it is operated under the conditions limiting its intended use; and

 (d) the applicant meets the requirements of subregulation (2).

 (2) The applicant must give CASA or the limited category organisation the following:

 (a) a statement, in a form and manner acceptable to CASA or the limited category organisation, setting out the purpose or purposes for which the aircraft is to be used;

 (b) data (for example photographs) to identify the aircraft;

 (c) any other information reasonably needed by CASA or the limited category organisation to enable it to impose any conditions necessary in the interests of the safety of other airspace users and persons on the ground or water.

 (3) The special purpose operations are the following:

 (a) operating historic or exmilitary aircraft;

 (aa) conducting adventure flights in historic or exmilitary aircraft;

 (ab) if the aircraft does not have a major modification—air racing;

 (ac) glider towing;

 (b) aerobatic flights;

 (c) aerobatic training;

 (d) exhibition flights;

 (e) mock combat;

 (f) operating replica aircraft;

 (g) operating aircraft to carry people for parachute descents;

 (h) any other operation in which the only use of the aircraft is to carry people taking part in a recreational activity that is intrinsically hazardous.

 (4) CASA or the limited category organisation may:

 (a) inspect the aircraft to determine whether it is in a good state of preservation and repair and is in a condition for safe operation; and

 (b) require the applicant to carry out a flight check to enable CASA or the limited category organisation to make the determination.

Source FARs section 21.189 modified.

21.190  Special certificates of airworthinessamateurbuilt category aircraft accepted under an ABAA

 (1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateurbuilt aircraft category if:

 (a) CASA or an authorised person has given an ABAA for the aircraft; and

 (b) the aircraft complies with subsections 3 and 4 of section 101.28 of the Civil Aviation Orders; and

 (c) approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and

 (d) CASA or an authorised person finds, after inspection, that:

 (i) the aircraft conforms with the data on the basis of which the ABAA was given; and

 (ii) any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and

 (iii) the aircraft is in a condition for safe operation.

 (1A) In the case of an aircraft that is a rotorcraft, for the application of section 101.28 of the Civil Aviation Orders:

 (a) a reference in that section to an aeroplane is taken to be a reference to an aircraft; and

 (b) CASA may direct that a requirement of that section does not apply in a particular case.

 (2) CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with:

 (a) a maximum takeoff weight not greater than 1500 kilograms; and

 (b) not more than 4 seats; and

 (c) if the aircraft is an aeroplane that is fitted with one or more type certificated engines:

 (i) a stalling speed VS0 at maximum weight not exceeding 61 knots; or

 (ii) if accurate data about the stalling speed is not availablea maximum wing loading not exceeding:

 (A) 65 kg/m2 with a flap area of less than 6 percent gross wing area; or

 (B) 80 kg/m2 with a flap area of at least 6 percent gross wing area; and

 (d) if the aircraft is an aeroplane that is fitted with one or more nontype certificated engines:

 (i) a stalling speed VS0 at maximum weight not exceeding 55 knots; or

 (ii) if accurate data about the stalling speed is not availablea maximum wing loading not exceeding:

 (A) 55 kg/m2 with a flap area of less than 6 percent gross wing area; or

 (B) 65 kg/m2 with a flap area of at least 6 percent gross wing area.

 (3) CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30 September 2000.

21.191  Experimental certificates

  An experimental certificate may be issued for one or more of the following purposes:

 (a) research and development: for example testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft;

 (b) showing compliance with regulations: for example conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issue of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations;

 (c) training the applicant’s flight crew;

 (d) exhibition: for example exhibiting the aircraft’s flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions;

 (e) air racing: for example participating in air races, including (for participants) practising for air races and flying to and from racing events;

 (f) market surveys: for example use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in regulation 21.195;

 (g) operating an amateurbuilt aircraft: that is an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation;

 (h) operating a kitbuilt aircraft: that is an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a) and that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under subregulation 21.184(1);

 (i) private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d);

 (j) operating a light sport aircraft that:

 (i) has been assembled from a kit in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e); and

 (ii) has been assembled in accordance with the kit manufacturer’s instructions for assembling the aircraft; and

 (iii) is of the same make and model as a production aircraft covered by regulation 21.186 that has been issued with a special certificate of airworthiness;

 (k) operating any other light sport aircraft covered by regulation 21.186 for which a special certificate of airworthiness for light sport aircraft, or another document of similar effect under a law of a Contracting State, has been issued.

Source FARs section 21.191 modified.

21.192  Experimental certificates: eligibility

  An aircraft registration holder, or the owner of an aircraft that is registered with a sport aviation body, is eligible to apply for an experimental certificate for one or more of the purposes mentioned in regulation 21.191.

Note: For the meaning of sport aviation body, see subregulation 2(1) of CAR.

21.193  Experimental certificates: general

  An applicant for an experimental certificate is entitled to the certificate if the applicant gives CASA, an authorised person or a relevant approved design organisation the following:

 (a) a statement, in a form and manner acceptable to CASA or the authorised person, setting forth the purpose for which the aircraft is to be used;

 (b) enough data (such as photographs) to identify the aircraft;

 (c) upon inspection of the aircraft, any information reasonably needed by CASA or the authorised person or relevant approved design organisation to enable it to impose any conditions, including operational limitations, necessary in the interests of the safety of other airspace users and persons on the ground or water;

 (d) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(a) (research and development) or paragraph 21.191(b) (showing compliance with the regulations):

 (i) a description of the experimental purposes for which the certificate is sought; and

 (ii) a statement setting out the estimated time or number of flights required for the purpose; and

 (iii) a description of the areas over which the experiment will be conducted; and

 (iv) except for aircraft converted from a previously certificated type without appreciable change in the external configurationthreeview drawings or threeview dimensioned photographs of the aircraft;

 (e) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(j) (operating certain light sport aircraft):

 (i) written information that shows that a special certificate of airworthiness for light sport aircraft covered by regulation 21.186, or another document of similar effect under a law of a Contracting State, has been issued for a production aircraft of the same make and model; and

 (ii) a statement of compliance, issued by the manufacturer of the kit from which the aircraft was assembled, that includes the statements and information required by subregulation 21.186(2), in so far as the statements and information relate to the manufacture of such kits; and

 (iii) copies of the aircraft assembly and operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer.

Source FARs section 21.193 modified.

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

 (1) A manufacturer of aircraft manufactured within Australian territory is eligible to apply for an experimental certificate for an aircraft that is to be used for a purpose mentioned in paragraph 21.191(f).

 (2) A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by the manufacturer within Australian territory, is eligible to apply for an experimental certificate for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, acrobatic, commuter, primary, intermediate or transport category.

 (3) A person who has altered the design of a type certificated aircraft is eligible to apply for an experimental certificate for the altered aircraft to be used for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, primary, intermediate or transport category.

 (4) An applicant for an experimental certificate for a purpose mentioned in paragraph 21.191(f) is entitled to the certificate if, in addition to meeting the requirements of regulation 21.193:

 (a) the applicant has established an inspection and maintenance program for the continued airworthiness of the aircraft; and

 (b) the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified.

Source FARs section 21.195 modified.

21.195A  Issue of experimental certificates

 (1) Subject to regulation 11.055, CASA, an authorised person or a relevant approved design organisation must issue an experimental certificate to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.192, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

 (3) A condition imposed on an experimental certificate under regulation 11.056 may include operational limitations.

 (4) Any conditions imposed on an experimental certificate under regulation 11.056, must be in writing and set out in, or attached to, the experimental certificate.

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

 (1) Subject to subregulation (4), an experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:

 (a) if a period of less than one year is specified in the certificateuntil the end of the period, or until it is cancelled, whichever occurs first; or

 (b) in any other caseuntil the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.

 (2) Subject to subregulation (4), an experimental certificate issued for the purpose of exhibition, air racing, operating amateurbuilt, kitbuilt or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d), continues in force:

 (a) if a period is specified in the certificateuntil the end of the period, or until it is cancelled, whichever occurs first; or

 (b) in any other caseuntil it is cancelled.

 (3) The holder of an experimental certificate commits an offence if:

 (a) CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and

 (b) the holder does not make the certificate available for inspection in accordance with the request.

Penalty: 50 penalty units.

 (4) An experimental certificate for an aircraft stops being in force if the aircraft ceases to be registered in Australia.

 (5) CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:

 (a) any maintenance is not carried out in accordance with regulation 42CB of CAR; or

 (b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.

 (6) A notice under subregulation (5) must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

 (7) Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

 (8) The holder of an experimental certificate commits an offence if:

 (a) the certificate stops being in force under subregulation (4), expires or is suspended or cancelled; and

 (b) CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and

 (c) the holder does not surrender the certificate in accordance with the request.

Penalty: 50 penalty units.

 (9) An offence against subregulation (3) or (8) is an offence of strict liability.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.181 modified.

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates.

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

  An authorised person or a relevant approved design organisation may exercise the following powers in relation to an experimental certificate only if the person or organisation issued the certificate:

 (a) asking the holder to make the certificate available for inspection under subregulation 21.195B(3);

 (b) asking the holder to surrender the certificate under subregulation 21.195B(8).

21.196  Special flight permits: eligibility

  Any person is eligible to apply for a special flight permit.

21.197  Special flight permits

 (1) A special flight permit may be issued for one or more of the following purposes for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose:

 (a) flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage;

 (b) delivering or exporting the aircraft;

 (c) production flight testing new production aircraft;

 (d) evacuating the aircraft from areas of impending danger;

 (e) conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests;

 (f) assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion;

 (g) assisting in dealing with a state of emergency.

 (2) A special flight permit may authorise the operation of an aircraft at a weight in excess of its maximum takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available. The excess weight that may be authorised under this paragraph is limited to the additional fuel, fuelcarrying facilities, and navigation equipment necessary for the flight.

 (3) For subsection 20AA(1) of the Act, an aircraft with a special flight permit, except a special flight permit issued for a purpose mentioned in paragraph (1)(b), is not required to be registered.

 (4) For paragraph 20AA(3)(a) of the Act, an aircraft with a special flight permit is not required to have a certificate of airworthiness.

 (6) When CASA or an authorised person issues a special flight permit, it may direct that, while the permit is in force, all or any of paragraphs 133(1)(a), (c) and (d), and regulation 139, of CAR do not apply to the aircraft.

Source FARs section 21.197 modified.

21.199  Applications for special flight permits

 (1) An applicant for a special flight permit must submit a statement to CASA or an authorised person, indicating the following:

 (a) the purpose or purposes of the flight;

 (b) the proposed itinerary;

 (c) the crew required to operate the aircraft and its equipment, for example, pilot, copilot, navigator;

 (d) the ways, if any, in which the aircraft does not comply with the applicable airworthiness requirements;

 (e) any restriction the applicant considers necessary for safe operation of the aircraft;

 (f) any other information that CASA or the authorised person reasonably needs to be able to prescribe operating limitations or other conditions in the interests of aviation safety.

 (2) CASA or an authorised person may make, or require the applicant to make, appropriate inspections or tests necessary to determine whether the aircraft can reasonably be expected to be capable of safe flight for the intended purpose or purposes.

Source FARs section 21.199 modified.

21.200  Issue of special flight permits

 (1) Subject to subregulation (1A) and regulation 11.055, CASA or an authorised person must issue a special flight permit to an applicant for the permit if the applicant:

 (a) is eligible, under regulation 21.196, to apply for the permit; and

 (b) applies for the permit in accordance with this Subpart; and

 (c) otherwise complies with this Part.

 (1A) CASA or an authorised person must not issue a special flight permit for an aircraft if:

 (a) the aircraft is covered by an airworthiness directive (within the meaning of regulation 39.002); and

 (b) the airworthiness directive includes a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive.

 (3) A condition imposed on a special flight permit under regulation 11.056 may include operational limitations.

 (4) Any conditions imposed on a special flight permit under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing and set out in, or attached to, the special flight permit.

21.201  Inspection, suspension and cancellation of special flight permits

 (2) The holder of a special flight permit must, on the request of CASA or an authorised person, make it available for inspection by CASA or an authorised person.

Penalty: 5 penalty units.

 (2A) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) CASA or an authorised person may suspend or cancel a special flight permit, by written notice given to its holder, if CASA or the authorised person considers that it is necessary to do so in the interests of aviation safety.

 (4) A notice under subregulation (3) must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

Source FARs section 21.181 modified.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of special flight permits.

Subpart 21.IProvisional certificates of airworthiness

Note: A provisional certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

 

21.211  Applicability

  This Subpart prescribes requirements for the issue of provisional certificates of airworthiness.

Source FARs section 21.211 modified.

21.213  Eligibility

 (1) A manufacturer is eligible to apply for a Class I or Class II provisional certificate of airworthiness for aircraft manufactured by the manufacturer in Australian territory.

 (2) The holder of an AOC issued for regular public transport operations is eligible to apply for a Class II provisional certificate of airworthiness for transport category aircraft if:

 (a) the aircraft has a current Class II provisional type certificate or a current amendment of a Class II provisional type certificate; or

 (b) the aircraft has a current provisional amendment to a type certificate that was preceded by a corresponding Class II provisional type certificate.

 (3) An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated engines, manufactured by the aircraft engine manufacturer in Australian territory, is eligible to apply for a Class I provisional certificate of airworthiness for that aircraft, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate or transport category.

Source FARs section 21.213 modified.

21.215  Application

  Application for a provisional certificate of airworthiness may be submitted to CASA. The application must be accompanied by the pertinent information specified in these Regulations.

Source FARs section 21.215 modified.

21.216  Issue of provisional certificates of airworthiness

  Subject to regulation 11.055, CASA must issue a provisional certificate of airworthiness to an applicant for the certificate if the applicant:

 (a) is eligible, under regulation 21.213, to apply for the certificate; and

 (b) applies for the certificate in accordance with this Subpart; and

 (c) is entitled, under this Subpart, to the certificate; and

 (d) otherwise complies with this Part.

21.217  Duration

 (1) Unless sooner cancelled, provisional certificates of airworthiness are effective for the duration of the corresponding provisional type certificate, amendment to a provisional type certificate, or provisional amendment to the type certificate.

 (2) Despite subregulation (1), a provisional certificate of airworthiness is not in force during any period of suspension.

 (3) CASA may suspend or cancel a provisional certificate of airworthiness, by written notice given to its holder, if CASA considers that it is necessary to do so in the interests of aviation safety.

 (4) A notice must set out:

 (a) the grounds for the suspension or cancellation; and

 (b) in the case of a suspensionwhen the suspension stops having effect.

Source FARs section 21.217 modified.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional certificates of airworthiness.

21.219  Transferability

  A Class II provisional certificate of airworthiness may be transferred to an AOC holder eligible to apply for a certificate under subregulation 21.213(2).

Source: FARs section 21.219 modified.

21.221  Class I provisional certificates of airworthiness

 (1)