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—Time‑limited authorisations
11.135 Purpose of Subpart
11.140 Continuation of authorisation until application decided
11.145 Application of Subparts 11.B and 11.BA
11.150 Conditions on new authorisation
Subpart 11.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 Multiple‑category airworthiness certification
21.189 Special certificate of airworthiness for limited category aircraft
21.190 Special certificates of airworthiness—amateur‑built category aircraft accepted under an ABAA
21.191 Experimental certificates
21.192 Experimental certificates: eligibility
21.193 Experimental certificates: general
21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training
21.195A Issue of experimental certificates
21.195B Duration, production for inspection, suspension and cancellation of experimental certificates
21.195C Exercise of certain powers by authorised persons and relevant approved design organisations
21.196 Special flight permits: eligibility
21.197 Special flight permits
21.199 Applications for special flight permits
21.200 Issue of special flight permits
21.201 Inspection, suspension and cancellation of special flight permits
Subpart 21.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 non‑application of airworthiness standards—application to CASA
21.418 Determination of non‑application 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—non‑compliance with applicable airworthiness standards: determination of equivalent level of safety
21.437 Grant of modification/repair design approvals—grant by authorised person or approved design organisation
21.440 Form of modification/repair design approvals
21.445 Variation of modification/repair design approvals
Division 21.M.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 Non‑compliance
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 CS‑22
22.004 Approvals under EASA CS‑22
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 CS‑VLA
23.005 Changes to EASA CS‑23
23.006 Approvals under Part 23 of the FARs
23.007 Approvals under EASA CS‑VLA
23.008 Approvals under EASA CS‑23
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 CS‑25
25.003 Changes to Part 25 of the FARs
25.004 Changes to EASA CS‑25
25.005 Approvals under Part 25 of the FARs
25.006 Approvals under EASA CS‑25
Subpart 25.C—Airworthiness standards directed by ICAO
25.011 What this Subpart does
25.013 Least‑risk 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 CS‑27
27.004 Approvals under Part 27 of the FARs
27.005 Approvals under EASA CS‑27
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 CS‑29
29.004 Approvals under Part 29 of the FARs
29.005 Approvals under EASA CS‑29
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 CS‑31HB
31.005 Changes to EASA CS‑31GB
31.006 Approvals under Part 31 of the FARs
31.007 Approvals under EASA CS‑31HB
31.008 Approvals under EASA CS‑31GB
Part 32—Airworthiness standards for engines for very light aeroplanes
32.001 Airworthiness standards
32.002 Incidental provisions
32.003 Changes to EASA CS‑22
32.004 Approvals under EASA CS‑22
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 CS‑E
33.004 Approvals under Part 33 of the FARs
33.005 Approvals under EASA CS‑E
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 CS‑P
35.004 Approvals under Part 35 of the FARs
35.005 Approvals under EASA CS‑P
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
39.002B Compliance with foreign 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—Record‑keeping 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—Record‑keeping
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—Record‑keeping and dealing with certificate of release to service
42.820 Additional record for certificate of release to service issued as in‑house 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 Record‑keeping 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 Record‑keeping 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 Pre‑flight inspection—all aircraft
42.1075 Recording information in flight technical log—all aircraft
Subpart 42.N—Record‑keeping 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
Subpart 11.A—Preliminary
11.005 Purpose of Part
This Part sets out administrative provisions for the regulation of civil aviation, including in relation to:
(a) authorisations; and
(b) exemptions from provisions of these Regulations and the Civil Aviation Orders; and
(c) directions; and
(d) delegation of CASA’s powers; and
(e) the issuing of Manuals of Standards.
11.010 What is in this Part
(1) Subpart 11.A contains preliminary matters and definitions.
(2) Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations granted under these Regulations.
(3) In particular, Subpart 11.B sets out what CASA can or must do in the course of processing an application for such an authorisation, including what documents and matters CASA can or must take into account in making its decision.
(3A) Subpart 11.BA contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations.
(4) Subpart 11.C provides for the form of authorisation documents and other matters related to such documents.
(5) Subpart 11.D is about variation, suspension or cancellation of an authorisation at the holder’s request.
(6) Subpart 11.E is about renewal of a time‑limited authorisation.
(7) Subpart 11.F is about exemptions from the provisions of these Regulations.
(8) Subpart 11.G provides for the issue, by CASA, of temporary directions in relation to matters affecting the safety of air navigation.
(9) Subpart 11.H deals with delegation of CASA’s powers under these Regulations.
(10) Subpart 11.J sets out the procedure for issuing or amending Manuals of Standards.
11.015 Definitions for Part
In this Part:
authorisation means:
(a) a civil aviation authorisation other than:
(i) an AOC; or
(ii) a delegation; or
(iii) the appointment of an authorised person; or
(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.
time‑limited authorisation means:
(a) an authorisation that, under another provision of these Regulations, ceases after a particular period; or
(b) an authorisation granted by CASA for a specified period.
11.018 Approval of forms
(1) If another provision of these Regulations provides for a document, other than an application for an authorisation, to be in an approved form, CASA may, in writing, approve a form for that document.
(2) If, under subregulation (1), CASA has approved a form for a document, the document is not taken to have been completed unless it:
(a) is in the approved form; and
(b) includes all of the information required by the form.
Note: For the form of an application for an authorisation, see regulation 11.030.
Subpart 11.B—Applications 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 application—it 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 application—that fee has been paid; and
(e) if unmanned aircraft levy is payable for the application—that levy has been paid.
Note: It is an offence to make a false statement in, or supply a false or misleading document with, an application—see the Criminal Code, sections 137.1 and 137.2.
(2) If another provision of these Regulations requires a holder of an authorisation to have an approved manual, an application for such an authorisation is not taken to have been made until the applicant gives to CASA a copy of a draft of an appropriate manual.
(3) For paragraph (1)(aa), CASA may, in writing, approve a form for an application for an authorisation.
11.032 Application for authorisation after previous authorisation cancelled
(1) Subject to subregulation (2), if:
(a) a person who applies for an authorisation at a particular time (the current time) has previously held an authorisation of the same kind (the earlier authorisation); and
(b) the earlier authorisation was cancelled, other than at the request of the holder;
the applicant must include with the application any available evidence to show that the applicant could properly undertake the activity authorised by the authorisation at the current time.
(2) For an authorisation mentioned in an item in the following table, subregulation (1) applies only if the authorisation was cancelled for a reason mentioned in the item.
Item | Authorisation | Reason for cancellation |
1 | ATC licence or flight service licence | A reason mentioned in subregulation 65.265(1) |
2 | Approval as an ARFFS provider | A reason mentioned in subregulation 139.1020(1) |
3 | Approval as an ATS training provider | A reason mentioned in regulation 143.225 |
4 | Approval as an ATS provider | A reason mentioned in regulation 172.315 |
11.033 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 do—test or interview
(1) In this regulation:
test includes a written, oral or on‑line examination and a practical assessment.
(2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to:
(a) undertake a test of knowledge, skill or competence relevant to the application; or
(b) come to a specified CASA office at a specified time to be interviewed.
(3) If CASA reasonably needs to interview or test an officer of an applicant that is a corporation for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may, by written notice, ask the applicant to have the officer:
(a) undertake a test of knowledge, skill or competence relevant to the application; or
(b) come to a specified CASA office at a specified time to be interviewed.
(4) The time of interview and the CASA office specified in a notice under paragraph (2)(b) or (3)(b) must be reasonable in the circumstances.
(5) CASA must give to the applicant a copy of the record of any test (including the testing officer’s assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (3).
(6) However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers.
11.040 Other things CASA can ask applicant to do—provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request.
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 do—demonstrate a service or facility
(1) If another provision of these Regulations says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice ask an applicant for an authorisation of that kind:
(a) to give a practical demonstration of its ability to provide the relevant service; or
(b) to demonstrate the operation of a facility or item of equipment to be used in the course of providing the service; or
(c) to allow CASA to inspect any relevant facility or equipment (whether or not it is operating).
(2) If CASA asks an applicant to give a demonstration or allow an inspection under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection.
11.047 Other things CASA can ask applicant to do—statutory declarations to verify applications
(1) CASA may ask an applicant to verify, by statutory declaration, any statement made by the applicant in an application.
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.
11.050 Material that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted, or information provided, by the applicant; and
(b) the record or results of any test or interview under regulation 11.035; and
(c) anything else in its records about the applicant; and
(d) the results of any demonstration or inspection under regulation 11.045.
(2) However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant):
(a) tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and
(b) invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter.
(3) Subject to subregulation (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account.
(3A) CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission.
(3B) If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.
(4) When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and
(c) any evidence that the applicant submits about the applicant’s capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted.
(5) For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if:
(a) where the applicant is an individual (including a member of a partnership)—the applicant was a member or officer of the holder of the authorisation; or
(b) where the applicant is a corporation—an officer of the applicant was a member or officer of the holder of the authorisation.
(6) When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.
Subpart 11.BA—Granting authorisations etc
11.055 Grant of authorisation
(1) This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act.
Note 1: Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person.
Note 2: Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.
Note 3: Under section 30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.
Note 4: Under section 30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice.
(1A) Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if:
(a) the person meets the criteria specified in these Regulations for the grant of the authorisation; and
(b) any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and
(c) any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and
(d) these Regulations do not forbid CASA granting the authorisation in the particular case; and
(e) granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.
(1B) If another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if:
(a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and
(b) granting the authorisation will preserve a level of aviation safety that is at least acceptable.
(1C) If the authorisation is an experimental certificate, CASA may grant the authorisation only if:
(a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and
(b) granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.
(2) In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual):
(a) having any qualifications required by or under these Regulations for the grant of the authorisation; and
(b) having any experience required by or under these Regulations for that grant; and
(c) having successfully completed any training required by or under these Regulations for that grant; and
(d) if there is a requirement as to recency or currency of the applicant’s training or experience—meeting that requirement; and
(e) if a standard of medical fitness is required by or under these Regulations for that grant:
(i) having attained that standard; and
(ii) having been granted any medical certificate required; and
(f) if particular attributes of character are required by or under these Regulations for that grant—having those attributes; and
(g) if a standard of proficiency in an activity is required by or under these Regulations for that grant—meeting that standard of proficiency.
(3) If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.
(4) For paragraphs (1A)(e) and (1B)(b), CASA may take into account:
(a) the applicant’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
(b) the applicant’s demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
(c) the applicant’s experience (if any) in aviation; and
(d) the applicant’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and
(e) the applicant’s history, if any, of serious behavioural problems; and
(f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and
(g) any evidence held by CASA that the applicant has contravened:
(i) the Act or these Regulations; or
(ii) a law of another country relating to aviation safety; or
(iii) another law (of Australia or of another country) relating to transport safety; and
(h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant’s financial standing and financial stability; and
(i) any other matter relating to the fitness of the applicant to hold the authorisation.
(5) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant.
(6) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership.
(7) CASA may grant the authorisation in respect of only some of the matters sought in the application.
11.056 Authorisation may be granted subject to conditions
(1) CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(ab) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(ac) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water; or
(b) to ensure that, as far as practicable, the environment is protected from:
(i) the effects of the operation and use of aircraft; and
(ii) the effects associated with the operation and use of aircraft.
Note: Other conditions applicable to authorisations are set out in these Regulations—see in particular regulations 11.070 to 11.075.
(2) A condition imposed under this regulation must be set out in, 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 authorisation—that document; and
(ii) if the decision included a decision to impose a condition that was not sought by the applicant—the reasons for the decision; or
(b) if the decision was to refuse to grant the authorisation—the reasons for the decision.
Note: Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal—see section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 27A of the Administrative Appeals Tribunal Act 1975 requires that a person affected by a reviewable decision be given notice of the existence of the right of review.
(2) A notice or document mentioned in subregulation (1) may state the date on which the authorisation comes into effect.
(3) The date must not be before the date of the notice or document.
(4) A failure by CASA to comply with subparagraph (1)(a)(ii) or paragraph (1)(b) in relation to a decision does not invalidate the decision.
11.065 When authorisation comes into effect
An authorisation comes into effect:
(a) on a day stated for that purpose in a document that is evidence of the holding of the authorisation, or in any relevant notice under subregulation 11.060(1); or
(b) if no day is so stated—on the date of the document or notice.
Note: Some kinds of authorisation continue indefinitely unless cancelled. Others cease (unless sooner cancelled) at a time set by another provision of these Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA, subject to a maximum duration.
11.067 Imposing and varying conditions after grant of authorisation
(1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.
(1A) CASA may impose or vary a condition only if CASA considers that it is necessary:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.
(3) The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation.
(4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(5) If:
(a) after the end of the period specified under subregulation (3); and
(b) having taken account of any submission made by the holder within that period;
CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition.
(6) CASA must give the holder of the authorisation written notice of its decision.
(7) A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice.
(8) This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068.
11.068 Conditions imposed on class of authorisations
(1) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations.
(2) The class of authorisations may include authorisations granted before the imposition of the condition.
(3) A condition imposed by a legislative instrument issued under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument.
(4) A condition imposed by a legislative instrument issued under subregulation (1) takes effect:
(a) for an authorisation that takes effect before the day on which the instrument comes into force:
(i) when the instrument comes into force; or
(ii) if a later time is stated in the instrument—at that time; and
(b) for an authorisation granted on or after the day on which the instrument comes into force:
(i) when the authorisation comes into effect; or
(ii) if a later time is stated in the instrument—at that time.
11.070 Conditions of authorisations—change of name or address
(1) It is a condition of an authorisation that its holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of either of the following kinds:
(a) the holder changes his, her or its name;
(b) the holder changes any of the following addresses:
(i) if the holder is an individual—his or her residential address;
(ii) if the holder is a corporation—the address of its registered office;
(iii) if the holder has given CASA an address to which notices may be sent—that address;
(iv) any other address that was required to be stated in the application for the authorisation.
(2) A person commits an offence if:
(a) the person is the holder of an authorisation; and
(b) a change mentioned in paragraph (1)(a) or (b) happens in relation to the person; and
(c) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) The period is:
(a) within 14 days after the change happens; or
(b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.
(4) An offence against subregulation (2) is an offence of strict liability.
11.071 Conditions of authorisations—change of nationality
(1) It is a condition of an authorisation upon which is noted the nationality of its holder that the holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of his or her nationality.
Note: The holder’s nationality is noted on a flight crew licence and aircraft maintenance engineer licence. This requirement is imposed by ICAO.
(2) A person commits an offence if the person:
(a) is the holder of an authorisation on which is noted his or her nationality; and
(b) changes his or her nationality; and
(c) does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) The period is:
(a) within 14 days after the change happens; or
(b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.
(4) An offence against subregulation (2) is an offence of strict liability.
11.072 Conditions of authorisations—change of business status
(1) It is a condition of an authorisation used in connection with an aviation‑related activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation (3):
(a) if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territory—the holder changes that name, ceases to use that name, or begins to use another name;
(b) the person changes the place at which he or she carries on the business;
(c) the holder ceases to be entitled to occupy the premises from which he or she carries on the business;
(d) the holder ceases temporarily or permanently to carry on the business;
(e) if the holder is an individual—the holder:
(i) is declared bankrupt; or
(ii) enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966; or
(iii) applies to take the benefit of any other law for the protection of debtors; or
(iv) becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months;
(f) if the holder is a member of a partnership—an event mentioned in paragraph (e) happens to any of the members;
(g) if the holder is a corporation:
(i) the holder:
(A) becomes 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 aviation‑related activity of a business; and
(c) a change mentioned in subregulation (1) happens in relation to the person; and
(d) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3).
Penalty: 50 penalty units.
(3) The period is:
(a) within 14 days after the change happens; or
(b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period.
(4) An offence against subregulation (2) in relation to a change mentioned in paragraph (1)(a), (b), (c) or (d), subparagraph (1)(e)(i), (ii) or (iii) or subparagraph (1)(g)(i) is an offence of strict liability.
(5) In this regulation:
key personnel, in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation.
11.073 Conditions of authorisations—notice of death, dissolution etc
(1) It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members must tell CASA in writing within a reasonable period after the member’s death.
(2) It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member must tell CASA in writing within 14 days after the partnership is dissolved.
(3) It is a condition of an authorisation held by a corporation that, if the corporation is placed in liquidation, the liquidator must tell CASA in writing within 14 days after the corporation is placed in liquidation.
(4) A person commits an offence if:
(a) he or she is the liquidator of a corporation that holds an authorisation; and
(b) he or she does not, within 14 days after the corporation is placed in liquidation, tell CASA, in writing, that the corporation has been placed in liquidation.
Penalty: 50 penalty units.
(5) It is a condition of an authorisation held by a corporation that, if the corporation is placed in administration, the administrator must tell CASA in writing within 14 days after the corporation is placed in administration.
(6) A person commits an offence if:
(a) he or she is the administrator of a corporation that holds an authorisation; and
(b) he or she does not, within 14 days after the corporation is placed in administration, tell CASA, in writing, that the corporation has been placed in administration.
Penalty: 50 penalty units.
(7) An offence against subregulation (4) or (6) is an offence of strict liability.
11.074 Conditions of authorisations—notice required by CASA
(1) Subject to subregulation (2), CASA may, by written notice given to the holder of an authorisation, require the holder to notify CASA of the happening of an event specified in the notice within a specified period.
(2) An event specified in the notice must be an event that CASA is satisfied might adversely affect the carrying out of the activity authorised by the authorisation.
(3) It is a condition of the authorisation that the holder must comply with the notice.
(4) A person commits an offence if:
(a) the person is the holder of an authorisation; and
(b) under subregulation (1), CASA requires the person to notify CASA of the happening of an event within a specified period; and
(c) the event happens; and
(d) the person does not tell CASA, in writing, of the event within the specified period.
Penalty: 50 penalty units.
(5) Strict liability applies to paragraph (4)(d).
11.075 Conditions of authorisations—provision of information
(1) CASA may, by written notice, require the holder of an authorisation to give CASA specified information, or a specified document, that relates to the activity, document or thing to which the authorisation relates.
(2) It is a condition of an authorisation that its holder must comply with a notice given under subregulation (1):
(a) within 14 days after receiving the notice; or
(b) if a different period is specified in the notice—within that period.
(3) A person commits an offence if:
(a) the person is the holder of an authorisation; and
(b) CASA requires the person, under subregulation (1), to give CASA information or a document; and
(c) the person does not give CASA the information or document:
(i) within 14 days after receiving the notice; or
(ii) if a different period is specified in the notice—within that period.
Penalty: 50 penalty units.
(4) Strict liability applies to paragraph (3)(c).
11.077 Breach of conditions—offence
(1) A person commits an offence if:
(a) the person holds an authorisation that is subject to a condition imposed under regulation 11.056, 11.067 or 11.068; and
(b) the person contravenes the condition.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
11.080 Authorisations not transferable
An authorisation is not transferable, unless a provision in these Regulations provides otherwise.
Note: For authorisations that are transferable, see the following provisions:
(a) regulation 21.047 (type certificates);
(b) regulation 21.179 (certificates of airworthiness);
(c) regulation 21.219 (Class II provisional certificates of airworthiness);
(d) regulation 21.450 (modification/repair design approvals and approvals mentioned in regulation 21.475).
Subpart 11.C—Authorisation documents, certificates and related matters
11.090 Authorisation document—authorisations to which Chicago Convention, Annex 1 applies
(1) This regulation applies to an authorisation to which Annex 1, Personnel Licensing, to the Chicago Convention applies.
(2) The authorisation must comply with Chapter 5 of that Annex.
11.095 Authorisation document—maintenance operation authorisations
(1) This regulation applies to a maintenance operation authorisation (within the meaning given by Annex 6, Operation of Aircraft, to the Chicago Convention).
(2) The authorisation must comply with paragraph 8.7.1.2 of that Annex.
11.100 Registration certificate (Chicago Convention, Annex 7)
(1) This regulation applies to a certificate of registration for an aircraft.
(2) The certificate must be in a form that complies with section 7.1 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention.
11.105 Certificate of Airworthiness (Chicago Convention, Annex 8)
(1) This regulation applies to a certificate of airworthiness for an aircraft.
(2) The certificate must be in a form that complies with section 7 of Annex 8, Airworthiness of Aircraft, to the Chicago Convention.
11.110 Authorisation document—other authorisations
(1) This regulation applies to an authorisation to which none of regulations 11.090 to 11.105 apply.
(2) The authorisation must set out:
(a) what the authorisation is; and
(b) any conditions applicable to it; and
(c) when it came into effect, and, if it will cease (either under a provision of these Regulations or on a day set by CASA) if not sooner cancelled—the day when it will cease; and
(d) any other information CASA thinks should be included.
11.115 Replacement documents
CASA may issue a replacement authorisation document in place of one:
(a) that contains anything that is not, or is no longer, correct; or
(b) from which anything has been omitted; or
(c) that has been lost or destroyed.
Subpart 11.D—Applications 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 time—when the holder is given written notice by CASA of the suspension or cancellation.
(3) Suspension of an authorisation under this Subpart ceases to have effect:
(a) at the time, if any, that the holder specifies in the application as the time that the suspension is to cease to have effect; or
(b) if the holder does not specify a time for that purpose—at the time CASA directs, by written notice to the holder.
11.132 Effect of suspension
(1) If a person’s authorisation is suspended under this Subpart:
(a) the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and
(b) the authorisation is not in force during the period of suspension.
(2) If a time‑limited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run.
Subpart 11.E—Time‑limited authorisations
11.135 Purpose of Subpart
This Subpart sets out provisions relating to time‑limited authorisations.
11.140 Continuation of authorisation until application decided
(1) This regulation applies in relation to a time‑limited authorisation (the old authorisation) if:
(a) at least:
(i) in the case of an authorisation held by a corporation, 90 days; or
(ii) in any other case, 21 days;
before the time when the old authorisation would otherwise cease, its holder applies to CASA for the issue of a new time‑limited authorisation that confers the same privileges, or authorises the holder to carry out the same functions or duties, as the old authorisation; and
(b) at the time when the old authorisation would otherwise cease, CASA has not made a decision on the application.
(2) For subregulation (1), an applicant has applied for the new authorisation only if:
(a) the applicant has given to CASA the necessary application, in the form required by these Regulations; and
(b) the application is taken to be complete, in accordance with regulation 11.030; and
(c) the applicant has given to CASA any other documents required by these Regulations to be given to CASA with the application.
Note: The applicant does not need to give to CASA information or a document that CASA already has—see regulation 11.145.
(3) In spite of any other provision of these Regulations, but subject to subregulation (4), the old authorisation continues in force until:
(a) CASA makes a decision on the application; and
(b) if the decision is to grant the new authorisation—the new authorisation comes into force.
(4) If CASA asks for further information or a document or invites the applicant to make a submission, under a provision of Subpart 11.B as applied by regulation 11.145, and the applicant does not do so within the period specified by CASA under that provision, then, despite subregulation (3), the old authorisation is taken to cease at the end of that period.
11.145 Application of Subparts 11.B and 11.BA
(1) Subparts 11.B and 11.BA apply to an application referred to in paragraph 11.140(1)(a).
(2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed.
(3) If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in Subpart 11.B or 11.BA or this Subpart to CASA includes, in relation to an application mentioned in paragraph 11.140(1)(a), an authorised person to whom such an application is made.
11.150 Conditions on new authorisation
Unless another provision of these Regulations says otherwise, if CASA grants the new authorisation, CASA is not obliged:
(a) to impose the same conditions, restrictions or limitations on the new authorisation as applied to the old one; or
(b) to grant the new authorisation for the same duration as for the old one.
Subpart 11.F—Exemptions from provisions of these Regulations and Civil Aviation Orders
Division 11.F.1—Grant 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.
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.2—Grant 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, some other large‑scale emergency, or an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates, 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.
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.3—Exemptions generally
11.200 Purpose of Division
This Division sets out general provisions applying to exemptions under this Subpart.
11.205 Conditions
(1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation.
(2) The condition must be set out in the instrument of exemption.
11.210 Offence: failure to comply with condition
(1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence of strict liability.
11.220 Notice of grant of exemption
(1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of:
(a) its decision; and
(b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant—the reasons for the decision.
(2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.
11.225 Publication of exemption
CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart.
Note: The Internet address for CASA’s website is http://www.casa.gov.au.
11.230 When exemptions cease
(1) An exemption under Division 11.F.1 ceases:
(a) at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or
(b) if no day is specified for that purpose in the instrument—3 years after it commences.
(2) An exemption under Division 11.F.2 ceases:
(a) at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or
(b) if no day is specified for that purpose in the instrument—12 months after it commences.
(3) If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person.
11.235 Exemptions not transferable
An exemption under this Subpart is not transferable.
Subpart 11.G—Directions
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 force—on the specified day; or
(b) if it does not specify a day for that purpose—1 year after the day it commences.
11.255 Contravention of direction
(1) A person must not contravene a direction under regulation 11.245 that is applicable to the person.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence of strict liability.
Subpart 11.H—Delegation 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.
Subpart 11.J—Manuals of Standards—procedures
11.265 Purpose of Subpart
This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards.
Note: Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards. Manuals of Standards are legislative instruments and are subject to registration and disallowance under the 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 Definition—MOS
In this Subpart:
MOS means Manual of Standards.
11.275 Notice of intention to issue Manuals of Standards not required in certain circumstances
(1) CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that:
(a) it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or
(b) the MOS is required to give effect to a specific undertaking given by the Minister; or
(c) the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or
(d) the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or
(e) following the procedures would endanger aviation security or be otherwise contrary to the public interest.
(2) If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the Internet within 28 days after the determination is made.
Note: The URL for CASA’s web site is http://www.casa.gov.au.
(3) If CASA issues a MOS on the basis of a determination under paragraph (1)(a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the Internet a notice about the MOS giving the information set out in paragraphs 11.280(2)(a) to (d).
Note: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.
(4) Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS.
11.280 Notice of intention to issue Manuals of Standards
(1) If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the Internet.
Note 1: The URL for CASA’s web site is http://www.casa.gov.au.
Note 2: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.
(2) A notice must include the following information about the draft MOS:
(a) its title and a description of its contents;
(b) how to obtain a copy of it;
(c) the period during which comments on it may be lodged;
(d) how comments are to be made and lodged.
(3) Subject to subregulation (4), for paragraph (2)(c), the period must be reasonable in the circumstances but not less than 28 days.
(4) For paragraph (2)(c), the period during which comments on an amendment of a MOS that is of a minor or machinery nature may be lodged must be reasonable in the circumstances but not less than 14 days.
11.285 Comments on draft Manuals of Standards
A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS.
11.290 CASA to consider comments on draft Manuals of Standards
Before issuing a MOS, CASA:
(a) must consider any comments it has received on the draft MOS; and
(b) may consult with any person on issues arising out of the comments.
11.295 Failure to comply with procedures not to affect validity of Manuals of Standards
(1) A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS.
(2) However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275(1)(a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280.
(3) Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS.
Part 13—Enforcement procedures
Note: Subparts 13.A to 13.J are reserved for future use.
Subpart 13.K—Voluntary reporting and demerit points schemes
Division 13.K.1—Aviation Self Reporting Scheme
13.320 Definitions
In this Division:
Aviation Self Reporting Scheme or ASRS means the voluntary reporting scheme established under subregulation 13.335(1) for reporting reportable contraventions.
Executive Director means the person for the time being holding, occupying or performing the duties of the position of Executive Director of Transport Safety Investigation referred to in section 12 of the Transport Safety Investigation Act 2003.
13.325 Contraventions that are not reportable
For the purposes of paragraph (d) of the definition of reportable contravention in section 30DL of the Act, contraventions of the following provisions of CAR are prescribed:
(a) regulation 282;
(b) subregulation 288(2);
(c) regulation 298A;
(d) regulation 298B;
(e) regulation 298C;
(f) regulation 301;
(g) regulation 302;
(h) subregulation 305(1A).
13.330 Prescribed person (Act s 30DM)
For the purposes of Division 3C (Protection from administrative action for voluntary reporting) of Part III of the Act, the Executive Director is prescribed.
13.335 Establishment and purposes of scheme (Act s 30DN)
(1) There is established a scheme (to be known as the Aviation Self Reporting Scheme) for the voluntary reporting of reportable contraventions.
(2) The scheme is to be administered by the Executive Director.
(3) The purposes of the scheme are:
(a) to enable holders of civil aviation authorisations to voluntarily report reportable contraventions without administrative action being taken against them; and
(b) to strengthen the foundation of aviation human factors safety research; and
(c) to identify deficiencies and problems in the Australian aviation safety system; and
(d) to provide data for planning and improvements to the Australian aviation safety system.
13.340 Powers and functions of Executive Director
Without limiting the generality of the powers and functions of the Executive Director as administrator of ASRS, the Executive Director has the following powers and functions:
(a) to process and accept reports;
(b) to give receipts for reports;
(c) to review information contained in reports in order to identify potential safety deficiencies and lessen the likelihood of accidents and serious incidents;
(d) to issue information briefs or alert bulletins that the Executive Director considers are necessary in the interests of aviation safety;
(e) to publish details of reviews made under paragraph (c).
Note: Regulation 13.360 affects the powers and functions of the Executive Director relating to information contained in reports.
13.345 Manner in which reports to be made (Act s 30DN(2)(b))
(1) A holder of a civil aviation authorisation who has committed a reportable contravention may make a written report of the reportable contravention under ASRS.
(2) The report must be made to the Executive Director, in a form approved by the Executive Director, not later than 10 days after the reportable contravention.
(3) The report must include the following information:
(a) the name, postal address and daytime telephone number of the authorisation holder making the report;
(b) if applicable—the Aviation Reference Number of the authorisation holder;
(c) the class or classes of civil aviation authorisation held by the authorisation holder;
(d) the time, date, place and nature of the contravention;
(e) a description of the circumstances of the contravention;
(f) so far as is practicable, the regulations contravened by the authorisation holder.
Note 1: A copy of the approved form is available from ATSB’s website (http://www.atsb.gov.au) or by contacting 1‑800‑020‑505.
Note 2: A report made by an authorisation holder under this regulation does not satisfy the reporting obligations under:
(a) the Transport Safety Investigation Act 2003; or
(b) any other provision of these Regulations relating to the reporting of defects or service difficulties on aircraft or aeronautical products.
13.350 Processing of reports
(1) A report purportedly made in accordance with regulation 13.345 must be accepted by the Executive Director, unless it appears on the face of the report that the contravention for which the report is made is not a reportable contravention.
Note: Under section 30DL of the Act, the following contraventions are not reportable contraventions:
(a) a contravention of these Regulations that is deliberate;
(b) a contravention of these Regulations that is fraudulent;
(c) a contravention of these Regulations that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported);
(d) a contravention of a regulation prescribed under regulation 13.325.
(2) If the Executive Director accepts a report, the Executive Director must:
(a) ensure that the report is given a unique receipt number and stamped, on the front page, with the receipt number and the date when the report was made; and
(b) give to the holder of a civil aviation authorisation who made the report a receipt that sets out:
(i) the authorisation holder’s name; and
(ii) the date the report was made; and
(iii) the date and nature of the contravention; and
(c) having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and
(d) return the report to the authorisation holder who made the report.
(3) If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder.
13.355 Reports relating to unlawful interference
If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, ‘International Civil Aviation Vocabulary’, as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department.
13.360 Use of information contained in reports (Act s 30DN(2)(c))
(1) The Executive Director must not keep a copy of a report made under ASRS.
(2) The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS.
(3) Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3).
13.365 Delegation by Executive Director
(1) The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division.
(2) In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director.
Division 13.K.2—Demerit points scheme
13.370 Offences to which demerit points scheme applies (Act s 30DT)
(1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies.
(2) The number of points that are incurred in relation to an offence to which that Division applies are as follows:
(a) if the maximum penalty for the offence is 10 penalty units or less—1 demerit point;
(b) if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units—2 demerit points;
(c) if the maximum penalty for the offence is 26 penalty units or more—3 demerit points.
13.375 Classes of civil aviation authorisations
For the purposes of section 30DU of the Act, a civil aviation authorisation mentioned in column 2 of an item in table 13.375 belongs to the class of civil aviation authorisation mentioned in column 3 of the item.
Table 13.375 Classes of civil aviation authorisations
Column 1 Item | Column 2 Particular civil aviation authorisations | Column 3 Class of civil aviation authorisation |
1 | a certificate issued under section 27 of the Act | Air operator certificate |
2 | a certificate issued under Part 47 of CASR | Certificate of registration |
3 | a certificate issued under regulation 30 of CAR | Certificate of approval |
4 | an aircraft engineer licence | Authorisation to perform maintenance certification and issue certificate of release to service |
4A | an authority mentioned in regulation 33B or 33C of CAR | Maintenance authority |
5 | a licence referred to in paragraph 5.08(b) of CAR | Flight radiotelephone licence |
6 | a licence referred to in paragraph 5.08(a) of CAR or a pilot licence | Pilot licence |
7 | a flight engineer licence | Flight engineer licence |
8 | a certificate issued under Part 6 of CAR or Part 67 of CASR | Medical certificate |
9 | a licence or authorisation issued under Part 65 of CASR | ATC 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.
Subpart 21.A—General
21.001 Applicability
(1) 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.
(2) This Part does not apply to hang gliders or paragliders.
Note: The Part 103 Manual of Standards may make provision in relation to airworthiness requirements for hang gliders and paragliders (see regulation 103.030).
21.001A Definition for Subpart
In this Subpart:
instrument means an approval, authorisation, certificate or permit issued under this Part.
21.002C Suspension or cancellation of an instrument
(1) CASA may suspend or cancel an instrument, by written notice given to its holder, if:
(a) CASA is reasonably satisfied that the holder has made or caused to be made:
(i) a fraudulent or intentionally false statement on the application for the instrument; or
(ii) an intentionally false entry in a record or report that is required to be kept, made, or used to show compliance with any requirement for the issue or the exercise of the privileges of the instrument; or
(iii) a reproduction for a fraudulent purpose of any instrument; or
(iv) an alteration for a fraudulent purpose of any instrument; and
(b) CASA has given the holder a show cause notice under regulation 21.002D in relation to the instrument; and
(c) CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice.
(2) A notice must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension—when the suspension stops having effect.
(3) An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term.
(4) If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension.
Source FARs section 21.2 modified.
21.002D Show cause notices
(1) CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C.
(2) A show cause notice must be in writing and must:
(a) inform the holder of the facts or circumstances that, in CASA’s opinion, would justify the suspension or cancellation of the instrument; and
(b) invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled.
(3) The period stated in the notice must be reasonable, having regard to all the circumstances of the case.
21.002E Cancellation of certain certificates
(2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating:
(a) that the certificate is cancelled; and
(b) when the cancellation takes effect.
(3) The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day.
21.003 Reporting failures, malfunctions, and defects
(1) The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4):
(a) an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;
(b) a manufacturing process specified by it.
Penalty: 25 penalty units.
(2) The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4).
Penalty: 25 penalty units.
(2A) The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4).
Penalty: 25 penalty units.
(2B) For subregulation (2A), the approval is:
(a) a modification/repair design approval; or
(b) an approval 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 self‑generating condition (for example, fatigue or corrosion);
(i) any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;
(j) an engine failure;
(k) any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities;
(l) a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft;
(m) a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.
(6) For subregulations (1), (2) and (2A), a report must:
(a) be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and
(b) include as much of the following information as is available and applicable:
(i) the aircraft’s serial number;
(ii) the aircraft’s registration mark;
(iii) when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisation—the article serial number and model designation, as appropriate;
(iv) when the failure, malfunction, or defect is associated with an aircraft engine or propeller—the aircraft engine or propeller serial number, as appropriate;
(v) identification of the product model;
(vi) identification of the part, component, or system involved (including the part number);
(vii) the nature of the failure, malfunction, or defect.
(7) Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect.
Penalty: 25 penalty units.
(8) If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive.
Penalty: 10 penalty units.
(9) An offence against subregulation (7) or (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.3 modified.
21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft
(1) This regulation applies to an aircraft only if:
(a) the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and
(b) the aircraft was not flown before 1 March 1979.
(1A) If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an aircraft flight manual that:
(a) contains the information mentioned in subregulations (2) and (3); and
(b) complies with subregulation (3A).
Penalty: 25 penalty units.
(1B) If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an aircraft flight manual that:
(a) contains the information mentioned in subregulations (2) and (3); and
(b) complies with subregulation (3A).
Penalty: 25 penalty units.
(2) The aircraft flight manual must contain the operating limitations and information required to be furnished in an aircraft flight manual or in manual material, markings, and placards, by the applicable regulations under which the aircraft was type certificated.
(3) The maximum ambient atmospheric temperature for which engine cooling was demonstrated must be stated in the performance information section of the flight manual, if the applicable regulations under which the aircraft was type certificated do not require ambient temperature on engine cooling operating limitations in the flight manual.
(3A) For paragraphs (1A)(b) and (1B)(b):
(a) the manual must have been approved for the aircraft:
(i) by CASA, an authorised person or an approved design organisation under regulation 21.006; or
(ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or
(iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; and
(b) any changes to the manual made to the manual since it was approved for the aircraft must have been approved:
(i) by CASA, an authorised person or an approved design organisation under regulation 21.006A; or
(ii) if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or
(iii) if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority.
(4) An offence against subregulation (1A) or (1B) is an offence of strict liability.
Source FARs section 21.5 modified.
21.006 Approval of aircraft flight manuals
(1) The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a flight manual for the aircraft.
Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
Note 2: Part 11 deals with applications and decision making.
(2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the manual if CASA or the authorised person or approved design organisation is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
21.006A Approval of changes to aircraft flight manuals
(1) Any of the following persons may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a change to a flight manual for an aircraft:
(a) the registered operator of the aircraft;
(aa) if the aircraft is a Part 103 aircraft—the owner 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 Regulations—see regulation 11.030.
Note 2: Part 11 deals with applications and decision making.
(2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the change if CASA or the authorised person or approved design organisation is satisfied that the manual as changed would comply with:
(a) if the applicant is not an applicant for an instrument mentioned in paragraph (1)(b)—the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate; or
(b) if the applicant is an applicant for an instrument mentioned in paragraph (1)(b)—the applicable airworthiness standards for the instrument; or
(c) if the aircraft is a non‑type certificated aircraft—the airworthiness standards that applied to the issue of the aircraft’s certificate of airworthiness or permit under this Part.
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(3) In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual.
21.007 Permissible unserviceabilities
(1) A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft.
Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.
Note 2: See Part 11 for other matters relating to applications and decisions.
(2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3).
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(3) For subregulation (2), the applicable airworthiness standards are:
(a) for an aircraft for which there is a type certificate:
(i) the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or
(ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and
(b) for an aircraft for which there is a type acceptance certificate:
(i) the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or
(ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and
(c) for a non‑type‑certificated aircraft:
(i) the airworthiness standards that applied to the original certification (however described) of the aircraft; or
(ii) if the application states that the applicant elects to comply with a later version of those standards—that version of the standards.
(4) An approval ceases to have effect at the earliest of the following times:
(a) if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval—the end of that day;
(b) if a maximum amount of flight time is stated in the approval—when the aircraft has been flown for that amount of flight time;
(c) if a maximum number of flights is stated in the approval—when the aircraft has been flown for that number of flights;
(d) the end of 1 year after the approval is given.
21.007A Advice about major damage
(1) A person may ask CASA, an authorised person or a relevant approved design organisation, in writing, to assess damage to an aircraft and advise whether the damage is major damage.
(2) CASA or the authorised person or approved design organisation must advise the person, in writing, whether, in the opinion of CASA or the authorised person or approved design organisation, the damage is major damage.
Note: Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person or approved design organisation advises a person that the damage is not major damage.
21.008 Meaning of technical data
In this Part:
technical data, for the design of an aircraft, aircraft engine, propeller or appliance, or for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means:
(a) data that describes the design, including:
(i) the drawings and specifications necessary to define the configuration and design features of the aircraft, aircraft engine, propeller or appliance, or of the modification or repair, and a list of those drawings and specifications; and
(ii) information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and
(iii) the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and
(iv) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and
(v) any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and
(b) engineering reports, including test plans and reports, used to show that the design complies with the applicable airworthiness standards for an instrument for the design.
21.009 Approval of technical data
(1) This regulation applies if technical data for a design is submitted to CASA, an authorised person or a relevant approved design organisation in connection with an application for:
(a) a type certificate; or
(b) approval of a change in type design; or
(c) a supplemental type certificate; or
(ca) a variation of a supplemental type certificate; or
(cb) approval of the product design of a Class II or Class III product; or
(d) a letter of ATSO design approval; or
(e) an ATSO authorisation; or
(f) a modification/repair design approval; or
(g) an APMA.
(2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the technical data if CASA or the authorised person or approved design organisation is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument.
(3) In this regulation:
Class II product: see regulation 21.132.
Note: For the meaning of Class III product, see the Dictionary.
21.010 References to modifications and repairs in Part
(1) In this Part, a reference to a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance includes a reference to a modification of, or repair to, an aeronautical product for the aircraft, aircraft engine, propeller or appliance.
(2) Subregulation (1) applies regardless of whether, at the time of the modification or repair, the aeronautical product was fitted to the aircraft, aircraft engine, propeller or appliance.
21.010A References to the national aviation authority of a recognised country
(1) In this Part, a reference to the national aviation authority of a recognised country includes a reference to EASA, whether or not EASA is performing a function on behalf of a recognised country.
(2) To avoid doubt:
(a) a foreign type certificate issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a foreign type certificate issued by the NAA of a recognised country; and
(b) a certificate issued by EASA before 1 May 2014 that is equivalent to a supplemental type certificate that could have been issued by CASA is, and is taken to have been from the time it was issued, a foreign supplemental type certificate issued by the NAA of a recognised country; and
(c) a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that was approved by EASA before 1 May 2014 is, and is taken to have been from the time it was approved, a design approved by the NAA of a recognised country; and
(d) a manufacturing approval (however described) for an aircraft engine, propeller, material, part or appliance issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a manufacturing approval issued by the NAA of a recognised country.
(3) Also to avoid doubt, a foreign supplemental type certificate cancelled by EASA before 1 May 2014 is taken to have been cancelled by the NAA of a recognised country.
21.010B Definition of recognised country
(1) In this Part:
recognised country means any of the following:
(a) Canada;
(b) France;
(c) Germany;
(d) Netherlands;
(e) New Zealand;
(f) United Kingdom;
(g) United States of America.
(2) For Subpart 21.B, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:
(a) Australia and the Contracting State; or
(b) CASA and the national aviation authority of the Contracting State;
for CASA to issue type acceptance certificates in relation to foreign type certificates or equivalent documents issued by the national aviation authority of the Contracting State.
(3) For Subpart 21.E, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:
(a) Australia and the Contracting State; or
(b) CASA and the national aviation authority of the Contracting State;
for the acceptance of certificates (however described) that are equivalent to supplemental type certificates.
(4) For Subpart 21.M, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:
(a) Australia and the Contracting State; or
(b) CASA and the national aviation authority of the Contracting State;
for the acceptance of approvals of designs of modifications of, or repairs to, aircraft, aircraft engines, propellers or appliances.
21.010C References to countries with which Australia has agreements
(1) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft.
(2) In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances.
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.B—Type 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 three‑view drawing of that aircraft and available preliminary basic data.
(3) An application for an aircraft engine type certificate must be accompanied by a description of the engine design features, the engine operating characteristics, and the proposed engine operating limitations.
Source FARs section 21.15 modified.
21.016 Special standards and other conditions on type certificates
(1) If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers.
(2) CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety.
(3) A condition imposed under subregulation (2) may include operational limitations.
(4) A special condition or other condition must be in writing, and set out in, or attached to, the type certificate.
(5) A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.
Penalty: 50 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.16 modified.
21.017 Designation of applicable airworthiness standards
(1) An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:
(a) the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, 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 non‑conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, 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 engine—a change is made in the principle of operation; or
(d) in the case of propellers—a change is made in the number of blades or principle of pitch change operation.
(2) A person who proposes to make a change mentioned in subregulation (1) may apply to CASA for a new type certificate for the aircraft, aircraft engine or propeller.
Source FARs section 21.19 modified.
21.021 Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers
An applicant is entitled to a type certificate for an aircraft (except an aircraft mentioned in regulation 21.027) in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, or for a special class of aircraft or an aircraft engine or propeller, if:
(a) the applicant submits the type design, test reports, and computations necessary to show that the aircraft, aircraft engine or propeller to be certificated meets the applicable requirements of this Part, the airworthiness standards mentioned in these Regulations and any conditions subject to which the type certificate is to be issued; and
(b) CASA is satisfied that the type design and the aircraft, engine or propeller meet the applicable requirements of this Part and the airworthiness standards mentioned in these Regulations, and any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and
(c) for an aircraft—CASA is satisfied the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.
Source FARs section 21.21 modified.
21.024 Type certificate: primary category aircraft
(1) The applicant is entitled to a type certificate for an aircraft in the primary category if:
(a) the aircraft:
(i) is unpowered; is an aeroplane powered by a single, naturally aspirated engine with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft powered by a single, naturally aspirated engine with a 29.3 kgm‑2 main rotor disc loading limitation, under sea level standard day conditions; and
(ii) has a maximum take‑off weight of not more than 1225 kg or, if the aircraft is a seaplane, a maximum take‑off weight of not more than 1530 kg; and
(iii) has a maximum seating capacity of not more than 4 persons, including the pilot; and
(iv) has an unpressurised cabin; and
(b) the applicant has submitted to CASA:
(i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(6); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and
(ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and
(iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and
(iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and
(c) CASA is satisfied that:
(i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(6); and
(ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.
(2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot‑owner of the aircraft, as part of the aircraft’s type design or supplemental type design.
(3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.
Source FARs section 21.24 modified.
21.025 Issue of type certificate: restricted category aircraft
(1) An applicant is entitled to a type certificate for an aircraft in the restricted category for one or more of the special purpose operations mentioned in subregulation (2) if:
(a) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and
(b) the aircraft:
(i) meets the airworthiness requirements of the normal, utility, acrobatic, commuter or transport category, except those requirements that CASA considers are inappropriate for the special purpose for which the aircraft is to be used; or
(ii) is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America, and has been later modified for the special purpose operation or operations.
(2) For subregulation (1), the special purpose operations are:
(a) agricultural operations (for example, spraying, dusting, and seeding, and livestock and feral animal control); and
(b) forest and wildlife conservation; and
(c) firefighting; and
(d) aerial surveying or scientific research (for example, photography, mapping, and oil and mineral exploration); and
(e) patrolling (for example, pipelines, power lines, and canals); and
(f) weather control and atmospheric research (for example, cloud seeding); and
(g) aerial advertising (for example, skywriting, banner towing, airborne signs and public address systems); and
(h) glider towing; and
(i) target towing; and
(j) target designation; and
(k) any other operation similar to any of these operations.
Source FARs section 21.25 modified.
21.026 Type certificate: intermediate category aircraft
(1) The applicant is entitled to a type certificate for an aircraft in the intermediate category if:
(a) the aircraft:
(i) is an aeroplane with a 61 knots or less VS0 stall speed as defined in FARs section 23.49; or is a rotorcraft with a 29.3 kgm‑2 main rotor disc loading limitation, under sea level standard day conditions; and
(ii) has a maximum take‑off weight of not more than 1750 kg; and
(iii) has a maximum seating capacity of 4 persons, including the pilot; and
(iv) has an unpressurised cabin; and
(b) the applicant has submitted to CASA:
(i) except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(7); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and
(ii) the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and
(iii) instructions for continued airworthiness in accordance with subregulation 21.050(2); and
(iv) a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and
(c) CASA is satisfied that:
(i) the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(7); and
(ii) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.
(2) An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot‑owner of the aircraft, as part of the aircraft’s type design or supplemental type design.
(3) For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.
Source FARs section 21.24 modified.
21.027 Type certificate: surplus aircraft of the Armed Forces
(1) Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6).
(2) An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.
(3) Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards:
(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 reciprocating‑engine powered aeroplanes | Before May 16, 1956 | Civil Air Regulations Part 3, as effective May 15 1956 |
| After May 15, 1956 | Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 |
Small turbine‑engine powered aeroplanes | Before Oct. 2, 1959 | Civil Air Regulations Part 3, as effective Oct. 1 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23 |
Commuter category aeroplanes | After Feb. 17, 1987 | FARs Part 23, as effective Feb 17, 1987, or CASR Part 23 |
Large reciprocating‑engine powered aeroplanes | Before Aug. 26, 1955 | Civil Air Regulations Part 4b, as effective Aug. 25, 1955 |
| After Aug. 25, 1955 | Civil Air Regulations Part 4b, or FARs Part 25, or CASR Part 25 |
Large turbine engine‑powered aeroplanes | Before Oct. 2, 1959 | Civil Air Regulations Part 4b, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 4b, or FARs Part 25, or CASR 25 |
Rotorcraft with a maximum certificated take‑off weight of: | | |
2,722 kg or less | Before Oct. 2, 1959 | Civil Air Regulations Part 6, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 6, or FARs Part 27, or CASR Part 27 |
Over 2,722 kg | Before Oct. 2, 1959 | Civil Air Regulations Part 7, as effective Oct. 1, 1959 |
| After Oct. 1, 1959 | Civil Air Regulations Part 7, or FARs Part 29, or CASR Part 29. |
1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular model was accepted for operational use by the relevant armed force. |
Source FARs section 21.27 modified.
21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by national aviation authority of recognised country
(1) Subject to regulation 11.055, CASA must issue a type certificate for an aircraft, aircraft engine or propeller manufactured in a foreign country and for which a foreign type certificate issued by the national aviation authority of a recognised country is not in force, if the aircraft, aircraft engine or propeller:
(a) meets the applicable airworthiness requirements mentioned in regulation 21.017; or
(b) meets the airworthiness requirements of a Contracting State and any other requirements imposed by CASA that are necessary to provide a level of safety equivalent to that provided under these Regulations for comparable aircraft, aircraft engines or propellers.
(2) CASA may accept a certificate given by the national aviation authority of a Contracting State to the effect that an aircraft, aircraft engine or propeller meets the State’s airworthiness requirements as evidence of that fact.
(3) An application for a type certificate under this regulation must be accompanied by:
(a) any relevant certificate issued by the national aviation authority of a Contracting State; and
(b) the relevant technical data.
(4) CASA may inspect the aircraft, aircraft engine or propeller and carry out, or require the applicant to carry out, any tests and inspections necessary to enable CASA to decide whether or not to issue the type certificate.
Source FARs section 21.29 modified.
21.029A Type acceptance certificate for imported aircraft certificated by national aviation authority of recognised country
Subject to regulations 11.055, 21.029B and 21.029C, CASA must issue a type acceptance certificate for an aircraft manufactured in a foreign country, without making the type acceptance certificate subject to any conditions, if:
(a) a foreign type certificate or equivalent document issued by the national aviation authority of a recognised country is in force for aircraft of that type; and
(b) the applicant has given CASA:
(i) evidence that the type design has been approved by the national aviation authority of the recognised country by issue of a type certificate or equivalent document; and
(ii) details of any equivalent safety determinations or waivers (however described) that were made in the course of the type certification; and
(iii) a copy of the applicable type certificate data sheet; and
(iv) a copy of the flight manual that contains all the available options applicable to the type, and that was approved by the national aviation authority that issued the foreign type certificate; and
(v) a copy of the manufacturer’s instructions for continued airworthiness of the aircraft; and
(vi) a copy of the parts catalogue for the aircraft; and
(vii) a list of all current field service documents applicable to the aircraft; and
(viii) an undertaking from the holder of the foreign type certificate to continue to supply to CASA service bulletins and instructions for the continuing airworthiness of aircraft of that type and any amendments of the documents mentioned in subparagraphs (iv), (v), (vi) and (vii).
21.029B Issue of type acceptance certificates subject to conditions
(1) CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate.
(2) Also, CASA may issue a type acceptance certificate subject to other conditions if:
(a) there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and
(b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and
(c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and
(d) there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and
(e) there are no other practicable means of substantially reducing the threat to aviation safety.
(3) A condition may include operational limitations.
(4) A condition must be in writing, and set out in, or attached to, the type acceptance certificate.
(5) A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.
Penalty: 50 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note: The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b).
21.029C Refusal to issue type acceptance certificate
(1) CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if:
(a) there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and
(b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and
(c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and
(d) there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat.
(2) If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029.
Note: The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c).
21.031 Type design—meaning
(1) The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following:
(a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;
(b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;
(c) the airworthiness limitations section of the instructions for continued airworthiness:
(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 pilot‑owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot‑owner;
(f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.
(2) The type design for an aircraft, aircraft engine or propeller type certificated under regulation 21.029 consists of the following:
(a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;
(b) information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;
(c) the airworthiness limitations section of the instructions for continued airworthiness:
(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 pilot‑owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot‑owner;
(f) any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.
(3) The type design for an aircraft type certificated under regulation 21.029A consists of the type design that was accepted by the national aviation authority of the recognised country that issued the foreign type certificate for the aircraft.
Source FARs section 21.31 modified.
21.033 Inspection and tests
(1) CASA is not required to issue, under regulation 21.013A, a type certificate for an aircraft, aircraft engine or propeller unless the applicant allows CASA to make any inspection and any flight and ground test necessary to determine that the aircraft, aircraft engine or propeller complies with the applicable requirements of these Regulations. However:
(a) no aircraft, aircraft engine, propeller, or part thereof may be presented to CASA for test unless compliance with paragraphs (2)(b), (c) and (d) has been shown for that aircraft, aircraft engine, propeller, or part thereof; and
(b) no change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (2)(b), (c) and (d) is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to CASA for test.
(2) Each applicant must make all inspections and tests necessary to determine:
(a) compliance with the applicable airworthiness requirements; and
(b) that the aircraft, aircraft engine or propeller and its materials conform to the specifications in the type design; and
(c) that parts of the aircraft, aircraft engine or propeller conform to the drawings in the type design; and
(d) that the manufacturing processes, construction and assembly conform to those specified in the type design.
(3) For an aircraft with not more than 2 seats, a maximum take‑off weight not exceeding 750 kg and a 45 knots or less VS0 stall speed as defined in FARs section 23.49 that is to be type certificated in the primary category or intermediate category, an authorised person may make any determination, inspection, flight test or ground test necessary to establish whether the aircraft complies with the applicable requirements of these Regulations.
Source FARs section 21.33 modified.
21.035 Flight tests
(1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must make the tests listed in subregulation (2). Before making the tests the applicant must show CASA:
(a) compliance with the applicable structural requirements of these Regulations; and
(b) completion of necessary ground inspections and tests; and
(c) that the aircraft conforms with the type design; and
(d) that CASA received a flight test report from the applicant (signed, in the case of an application for a type certificate for an aircraft in the transport category, by the applicant’s test pilot) containing the results of the tests.
(2) Upon showing compliance with subregulation (1), the applicant must make all flight tests that CASA considers are necessary:
(a) to determine compliance with the applicable requirements of these Regulations; and
(b) for aircraft to be type certificated under these Regulations, except gliders and except aeroplanes of 2720 kg or less maximum certificated weight in the normal, utility, acrobatic, or commuter category—to determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly.
(3) Each applicant must, if practicable, make the tests prescribed in paragraph (2)(b) upon the aircraft that was used to show compliance with:
(a) paragraph (2)(a); and
(b) for rotorcraft—the rotor drive endurance tests prescribed in the applicable airworthiness standards mentioned in Parts 27 and 29 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 non‑compliance with requirements are found that may make additional test data meaningless or that would make further testing unduly hazardous.
(6) The flight tests prescribed in paragraph (2)(b) must include:
(a) for aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft—at least 300 hours of operation with a full complement of engines that conform to a type certificate; and
(b) for all other aircraft—at least 150 hours of operation.
Source FARs section 21.35 modified.
21.037 Flight test pilot
Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:
(a) class rating; or
(b) type rating; or
(c) balloon class endorsement within the meaning of subregulation 5.01(1) of CAR; or
(d) authorisation under regulation 61.140; or
(e) authorisation under regulation 5.50 of CAR;
to make the flight tests required by this Part.
Source FARs section 21.37 modified.
21.039 Flight test instrument calibration and correction report
(1) Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must submit a report to CASA showing the computations and tests required in connection with the calibration of instruments used for test purposes and in the correction of test results to standard atmospheric conditions.
(2) Each applicant must allow CASA to conduct any flight tests that CASA is satisfied is necessary to check the accuracy of the report submitted under subregulation (1).
Source FARs section 21.39 modified.
21.041 Type certificate—meaning
(1) In these Regulations, unless the contrary intention appears:
foreign type certificate, for an aircraft, aircraft engine or propeller:
(a) means a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country and is equivalent to a type certificate; but
(b) does not include a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country solely on the basis of a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of another country and is equivalent to a type certificate.
type certificate, for an aircraft, aircraft engine or propeller, means a type certificate issued by CASA under regulation 21.013A or 21.029 certifying that the aircraft, aircraft engine or propeller meets the airworthiness standard mentioned for it in the certificate.
(2) In these Regulations, except in this Subpart, a reference to a type certificate, or foreign type certificate, for an aircraft, aircraft engine or propeller, includes a reference to the type design, the operating limitations, the type certificate data sheet, the applicable airworthiness standards with which the certificate records compliance, and any other conditions or limitations prescribed for the aircraft, aircraft engine or propeller under these Regulations.
Source FARs section 21.41 modified.
21.043 Location of manufacturing facilities
Despite regulation 21.013A, CASA is not required to consider an application for a type certificate for an aircraft, aircraft engine or propeller (except an application under regulation 21.029) if the manufacturing facilities for the aircraft, aircraft engine or propeller are located outside Australian territory, unless the location of the manufacturer’s facilities places no undue burden on CASA in administering applicable airworthiness requirements.
Source FARs section 21.43 modified.
21.047 Transfer of type certificates
(1) The holder of a type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:
(a) the certificate; and
(b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.
(2) However, the certificate may be transferred only with the written consent of the transferee.
(3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:
(a) the date of the transfer; and
(b) the name and address of the transferee.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
Source FARs section 21.047 modified.
21.048 Licensing of type certificates
(1) The holder of a type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.
(2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:
(a) the date of the licensing agreement; and
(b) the name and address of the licensee; and
(c) the benefits conferred on the licensee.
Penalty: 50 penalty units.
(3) The licensor commits an offence if:
(a) the licensing agreement is terminated; and
(b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
Source FARs section 21.047 modified.
21.049 Availability
(1) The holder of a type certificate must make the certificate, and the type design of the aircraft, aircraft engine or propeller described or identified in the certificate, available for examination by CASA upon the request of CASA.
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.49 modified.
21.050 Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections
(1) The holder of a type certificate for an aircraft for which an aircraft Maintenance Manual containing an “Airworthiness Limitations” section has been approved as part of the type design and who obtains approval of changes to any replacement time, inspection interval, or related procedure in that section of the manual must make particulars of the changes available upon request to any operator of the same type of aircraft.
Penalty: 5 penalty units.
(2) The holder of a design approval, including either the type certificate or supplemental type certificate for an aircraft, aircraft engine, or propeller must furnish at least one set of complete Instructions for Continued Airworthiness, prepared in accordance with the applicable airworthiness standards mentioned in Parts 22, 23, 25, 27, 26, 29, 31, 32, 33 and 35, 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 certificates—duration and suspension or cancellation
(1) Subject to regulation 21.019, a type certificate or type acceptance certificate remains in force until it is cancelled.
(2) Despite subregulation (1), a type certificate or type acceptance certificate is not in force during any period of suspension.
(3) CASA may suspend or cancel a type certificate if there are reasonable grounds for believing that the type certificate no longer provides a reliable guide that the aircraft can reasonably be expected to be safe for its intended use when operated under any conditions limiting its intended use.
(4) CASA may suspend or cancel a type acceptance certificate if:
(a) there are reasonable grounds for believing that not doing so would constitute a significant threat to aviation safety; and
(b) CASA has consulted the operator of the aircraft, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and
(c) CASA has considered the views of the operator, the manufacturer and the national aviation authority before deciding whether to suspend or cancel the type acceptance certificate.
(5) If CASA suspends or cancels a type certificate it must:
(a) notify the certificate holder in writing of the suspension or cancellation; and
(b) publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.
(6) If CASA suspends or cancels a type acceptance certificate CASA must publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.
(7) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.
(8) A notice of suspension or cancellation under paragraph (5)(b) or subregulation (6) must set out:
(a) the grounds for the suspension or cancellation; and
(b) when the suspension or cancellation takes effect; and
(c) in the case of a suspension—when the suspension stops having effect.
Source FARs section 21.51 modified.
Note 1: The power of CASA to suspend or cancel a type acceptance certificate under subregulation (4) must be exercised by the Director personally: see paragraph 11.260(2)(d).
Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of type acceptance certificates.
21.053 Statement of conformity
(1) Each applicant must submit to CASA a statement of conformity in a manner and form acceptable to CASA for each aircraft engine and propeller presented to CASA for type certification. This statement of conformity must include a statement that the aircraft engine or propeller conforms to the type design therefor.
(2) Each applicant must submit to CASA a statement of conformity for each aircraft or part thereof presented to CASA for tests. This statement of conformity must include a statement to the effect that the applicant has complied with subregulation 21.033(1).
Source FARs section 21.53 modified.
Subpart 21.C—Provisional 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 suspension—when the suspension stops having effect.
(3) Despite regulation 21.077, a provisional type certificate is not effective while it is suspended but the suspension period counts as part of a period mentioned in subregulation 21.077(2) or (3).
Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional type certificates.
21.081 Requirements for issue and amendment of Class I provisional type certificates
(1) An applicant for a type certificate or a supplemental type certificate is entitled to the issue of a Class I provisional type certificate, or an approval of an amendment of a Class I provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the relevant aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the requirements and limitations:
(a) established by the applicant under subregulation (4); and
(b) under Division 91.T.3.
(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 requirements and limitations:
(a) set out in the provisional aircraft flight manual (if any) required by subregulation (7); and
(b) under Division 91.T.3.
(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 requirements and limitations under Division 91.T.3.
(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.D—Changes 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 engine‑powered aeroplanes;
(c) the requirements of Part 25 of the FARs for the standardisation of cockpit controls and instruments, unless CASA is satisfied that compliance with a particular detailed requirement would be impractical and would not contribute materially to standardisation;
(d) any other requirement of Part 25 of the FARs that applies to turbopropeller engine‑powered aeroplanes that CASA is satisfied relates to the changes in engines and that is necessary to ensure a level of safety equal to that of the aeroplane certificated with reciprocating engines.
(4) For subregulation (3), for each new limitation established with respect to weight, speed, or altitude that is significantly altered from those approved for the aeroplane with reciprocating engines, the applicant must show compliance with the requirements of Part 25 of the FARs applicable to the limitations being changed.
Source FARs section 21.101 modified.
Subpart 21.E—Supplemental 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 non‑compliance is compensated for by factors that provide an equivalent level of safety; and
(b) no feature or characteristic of the change in type design makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.
(2) Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the altered aircraft, aircraft engine or propeller meets:
(a) an applicable airworthiness requirement mentioned in subparagraph (1)(a)(i); or
(b) the requirement mentioned in paragraph (1)(b).
(3) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.
(4) For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.
(5) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change in the type design, as if it were an application for a type certificate under Subpart 21.B.
Source FARs section 21.115 modified.
21.117 What supplemental type certificates are taken to consist of
A supplemental type certificate is taken to consist of:
(a) the type certificate or type acceptance certificate previously issued for the aircraft, aircraft engine or propeller; and
(b) each change in the type design of the aircraft, aircraft engine or propeller described or identified in the supplemental type certificate.
Source FARs section 21.117 modified.
21.118 Duration, suspension and cancellation of supplemental type certificates
(1) A supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled or the type certificate previously issued for the aircraft, aircraft engine or propeller is cancelled, whichever happens first.
(2) Despite subregulation (1), a supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.
(3) CASA may suspend or cancel a supplemental type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.
(4) If CASA suspends or cancels a supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.
(5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.
(6) A notice under subregulation (3) or (4) must set out:
(a) the grounds for the suspension or cancellation; and
(b) when the suspension or cancellation takes effect; and
(c) in the case of a suspension—when the suspension stops having effect.
Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of supplemental type certificates.
21.119 Duration, suspension and cancellation of foreign supplemental type certificates
(1) A foreign supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled by CASA or the national aviation authority of the relevant recognised country.
(2) Despite subregulation (1), a foreign supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.
(3) CASA may suspend or cancel a foreign supplemental type certificate if CASA considers that it is necessary to do so in the interests of aviation safety.
(4) If CASA suspends or cancels a foreign supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.
(5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.
(6) A notice must set out:
(a) the grounds for the suspension or cancellation; and
(b) when the suspension or cancellation takes effect; and
(c) in the case of a suspension—when the suspension stops having effect.
Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of foreign supplemental type certificates.
21.120 Transfer of supplemental type certificates
(1) The holder of a supplemental type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:
(a) the certificate; and
(b) a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.
(2) However, the certificate may be transferred only with the written consent of the transferee.
(3) The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:
(a) the date of the transfer; and
(b) the name and address of the transferee.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
21.120A Licensing of supplemental type certificates
(1) The holder of a supplemental type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.
(2) The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:
(a) the date of the licensing agreement; and
(b) the name and address of the licensee; and
(c) the benefits conferred on the licensee.
Penalty: 50 penalty units.
(3) The licensor commits an offence if:
(a) the licensing agreement is terminated; and
(b) the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
21.120B Variations of supplemental type certificates
(1) The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller.
(2) The application may be made to:
(a) CASA; or
(b) an authorised person; or
(c) a relevant approved design organisation.
(3) Subject to regulation 11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that:
(a) either:
(i) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or
(ii) the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non‑compliance is compensated for by factors that provide an equivalent level of safety; and
(b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.
(4) Subject to regulation 11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that:
(a) the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); and
(b) no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.
(5) Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets:
(a) an applicable airworthiness requirement mentioned in subparagraph (3)(a)(i); or
(b) the requirement mentioned in paragraph (3)(b).
(6) If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.
(7) For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.
(8) Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if:
(a) the application were an application for a type certificate under Subpart 21.B; and
(b) each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made.
Subpart 21.F—Production under type certificate only
21.121 Applicability
(1) This Subpart prescribes rules for the production of an aircraft, aircraft engine or propeller under a type certificate only.
(2) For this Subpart, a person manufactures an aircraft, aircraft engine or propeller under a type certificate only if the person is the holder, or licensee, of a type certificate, but not a production certificate, for the aircraft, aircraft engine or propeller.
Source FARs section 21.121 modified.
Note: Subpart 21.G deals with production certificates.
21.123 Production under type certificate
(1) Each manufacturer of an aircraft, aircraft engine or propeller being manufactured under a type certificate only must:
(a) make each aircraft, aircraft engine or propeller available for inspection by CASA; and
(b) maintain at the place of manufacture the technical data and drawings necessary for CASA to determine whether the aircraft, aircraft engine or propeller and its parts conform to the type design; and
(c) establish and maintain an approved production inspection system that:
(i) meets the requirements of subregulation 21.125(2); and
(ii) ensures that each aircraft, aircraft engine or propeller manufactured under the type certificate more than 6 months after it was issued conforms to the type design and is in a condition for safe operation; and
(d) upon the establishment of the approved production inspection system—submit to CASA a manual that describes the system and the means for meeting the requirements of subregulation 21.125(2).
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Each manufacturer may apply to CASA for an extension of the period of 6 months mentioned in subparagraph (1)(c)(ii).
(3) CASA may extend the period in a particular case if unusual or extenuating circumstances prevent the manufacturer from establishing an approved production inspection system within 6 months after the issue of the type certificate.
Source FARs section 21.123 modified.
21.125 Production inspection system: Materials Review Board
(1) Each manufacturer required to establish a production inspection system under paragraph 21.123(1)(c) must:
(a) establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and
(b) maintain complete records of Materials Review Board action for at least two years after the action was taken.
Penalty: 50 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) The production inspection system must provide for the following:
(a) ensuring that incoming materials, and bought or subcontracted parts, used in the finished aircraft, aircraft engine or propeller comply with the technical data for the type design, or are suitable equivalents;
(b) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;
(c) suitable storage and adequate protection of materials subject to damage and deterioration;
(d) carrying out processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller in accordance with acceptable industry or Australian specifications;
(e) inspecting parts and components during production for conformity with the technical data for the type design at points in the process where accurate determinations can be made;
(f) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;
(g) ensuring that design changes, including material substitutions, are controlled before being incorporated in a finished aircraft, aircraft engine or propeller;
(h) segregating, identifying, marking and disposing of rejected materials and parts in a manner that precludes installation in the finished aircraft, aircraft engine or propeller;
(i) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from the technical data for the type design, and that are to be considered for installation in a finished aircraft, aircraft engine or propeller;
(j) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;
(k) maintaining inspection records, identified with the finished aircraft, aircraft engine or propeller where practicable, and retaining them for at least 2 years.
Source FARs section 21.125 modified.
21.127 Tests: aircraft
(1) Each person manufacturing aircraft under a type certificate only must establish an approved production flight test procedure and flight check‑off form, and in accordance with that form, flight test each aircraft produced.
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Each production flight test procedure must include the following:
(a) an operational check of the trim, controllability, or other flight characteristics to establish that the production aircraft has the same range and degree of control as the prototype aircraft;
(b) an operational check of each part or system operated by the crew while in flight to establish that, during flight, instrument readings are within normal range;
(c) a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test;
(d) a check of the operational characteristics of the aircraft on the ground;
(e) a check on any other items peculiar to the aircraft being tested that can best be done during the ground or flight operation of the aircraft.
Source FARs section 21.127 modified.
21.128 Tests: aircraft engines
(1) Each person manufacturing aircraft engines that are not rocket engines under a type certificate only must subject each engine to an acceptable test run that includes the following:
(a) break‑in runs that include a determination of fuel and oil consumption and a determination of power characteristics at rated maximum continuous power or thrust and, if applicable, at rated take‑off power or thrust;
(b) at least five hours of operation at rated maximum continuous power or thrust, including, for engines having a rated take‑off power or thrust higher than rated maximum continuous power or thrust, 30 minutes at rated take‑off power or thrust.
Penalty: 25 penalty units.
(2) The test runs required by subregulation (1) may be made with the engine appropriately mounted and using current types of power and thrust measuring equipment.
(3) A person manufacturing rocket engines under a type certificate only must establish a sampling technique for testing the engines.
Penalty: 25 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.128 modified.
21.129 Tests: variable pitch propellers
(1) Each person manufacturing variable pitch propellers under a type certificate only must give each propeller an acceptable functional test to determine if it operates properly throughout the normal range of operation.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.129 modified.
21.130 Statement of conformity
(1) Each holder or licensee of a type certificate for a type of aircraft, aircraft engine or propeller must give CASA a statement of conformity, in a form acceptable to CASA, for each aircraft, aircraft engine or propeller manufactured under the type certificate only:
(a) when the holder or licensee applies for the original issue of an aircraft certificate of airworthiness or an aircraft engine or propeller authorised release certificate for the aircraft, aircraft engine or propeller; or
(b) if the holder or licensee transfers the ownership of the aircraft, aircraft engine or propeller without applying for an authorised release certificate for it—when the ownership of the aircraft, aircraft engine or propeller is transferred.
(2) The statement of conformity must be signed by a person who holds a responsible position in the manufacturing organisation and has been authorised by the manufacturer to sign the statement, and must include:
(a) for each aircraft, aircraft engine or propeller, a statement that it conforms to its type certificate and is in a condition for safe operation; and
(b) for each aircraft, a statement that the aircraft has been flight checked; and
(c) for each aircraft engine or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final operational check.
(3) However, in the case of an aircraft, aircraft engine or propeller manufactured for the Defence Force, or for an armed force of Canada, the United Kingdom or the United States of America, a statement of conformity is not required if the aircraft, aircraft engine or propeller has been accepted by the relevant force.
Source FARs section 21.130 modified.
21.130A Records to be kept by manufacturer
(1) A person who manufactures an aircraft, aircraft engine or propeller under a type certificate only must keep, at the place of manufacture, the following current records for the aircraft, aircraft engine or propeller:
(a) a technical data file that includes the type design drawings, specifications, reports on tests prescribed by this Part, and the original type inspection report and any amendments to that report;
(b) the information required to prepare the statement of conformity mentioned in regulation 21.130;
(c) a complete inspection record, the serial number, and data covering the processes and tests to which materials and parts are subjected;
(d) a record of service difficulties reported to the manufacturer.
Penalty: 50 penalty units.
(2) The records mentioned in paragraphs (1)(a) and (b) must be kept for the period in which aircraft, aircraft engines or propellers are manufactured by the person under the type certificate.
Penalty: 50 penalty units.
(3) The records mentioned in paragraphs (1)(c) and (d) must be kept for 2 years after the aircraft, aircraft engine or propeller to which the records relate was manufactured.
Penalty: 50 penalty units.
(4) On CASA’s request, the records must be made available for examination by CASA.
Penalty: 50 penalty units.
(5) If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days.
Penalty: 50 penalty units.
(6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.293 modified.
Subpart 21.G—Production 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 one‑off basis for supply to:
(a) the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or
(b) the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller.
Source FARs section 21.133 modified.
21.134 Issue of production certificate
Subject to regulation 11.055, CASA must issue a production certificate to an applicant for the certificate if the applicant:
(a) is eligible, under regulation 21.133, to apply for the certificate; and
(b) applies for the certificate in accordance with this Subpart; and
(c) is entitled, under this Subpart, to the certificate; and
(d) otherwise complies with this Part.
21.135 Requirements for entitlement
(1) An applicant is entitled to a production certificate if CASA is satisfied that the applicant has complied with regulations 21.139 and 21.143 in relation to the Class I, Class II, Class III or unapproved class I product to be manufactured under the certificate.
(2) CASA may inspect the applicant’s organisation and manufacturing facilities to determine whether the applicant has complied with regulations 21.139 and 21.143.
Source FARs section 21.135 modified.
21.137 Location of manufacturing facilities
Despite regulation 21.134, CASA is not required to issue a production certificate if the manufacturing facilities concerned are located outside Australian territory, unless there is no undue burden on CASA in administering the applicable requirements of these Regulations.
Source FARs section 21.137 modified.
21.139 Quality system
An applicant for a production certificate must show that the applicant has established, and can maintain, a quality system so that:
(a) each Class I product to be manufactured under the certificate will conform to the type design for the product; and
(b) each Class II, Class III or unapproved Class I product to be manufactured under the certificate will conform to the product design for the product.
Source FARs section 21.139 modified.
21.143 Quality system data requirements: prime manufacturer
(1) An applicant for a production certificate must submit to CASA, for approval, a manual describing the inspection and test procedures necessary to ensure that each product manufactured under the production certificate is in a condition for safe operation and conforms to:
(a) for a Class I product—the type design; and
(b) for a Class II, Class III or unapproved Class I product—the product design.
(1A) The manual mentioned in subregulation (1) must include any of the following that apply to the product:
(a) a statement describing how responsibilities are assigned and authority is delegated in the quality system organisation, together with a chart indicating:
(i) the functional relationship of the quality system organisation to management and to other organisational components; and
(ii) the chain of authority and responsibility within the quality system organisation;
(b) a description of:
(i) the inspection procedures for raw materials, purchased items and parts and assemblies produced by manufacturers’ suppliers; and
(ii) the methods used to ensure that parts and assemblies that cannot be completely inspected when delivered to the production certificate holder’s plant are acceptable;
(c) a description of:
(i) the production inspection system for individual parts and complete assemblies; and
(ii) the methods used for the identification of any special manufacturing processes involved; and
(iii) the means used to control the processes; and
(iv) the final test procedure for the product; and
(v) in the case of a Class I product that is a completed aircraft, a copy of the manufacturer’s production flight test procedures and check‑off list;
(d) for a product other than a Class II or Class III product referred to in subregulation 21.133(2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts;
(e) an outline of a system for informing company inspectors of current changes in engineering drawings, specifications, and quality system procedures;
(f) a list or chart showing the location and type of inspection stations.
Note: A Materials Review Board must be established by the holder of a production certificate: see regulation 21.145.
(1B) CASA must approve a manual that is prepared for, and meets the requirements of, this regulation.
(2) The holder of a production certificate must, on the request of CASA, make available to CASA information regarding all delegation of authority to suppliers to make major inspections of parts or assemblies for which the holder is responsible.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.143 modified.
21.144 Production inspection system
The production inspection system mentioned in paragraph 21.143(1A)(c) must provide for the following:
(a) properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;
(b) suitable storage and adequate protection of materials subject to damage and deterioration;
(c) carrying out processes affecting the quality and safety of the finished Class I, Class II, Class III or unapproved Class I product in accordance with acceptable industry or Australian specifications;
(d) inspecting parts and components, at points during the production process at which accurate determinations can be made, to determine whether:
(i) parts and components for a Class I product conform to the type design data for the product; or
(ii) parts and components for a Class II, Class III or unapproved Class I product conform to the product design data for the product;
(e) ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;
(f) ensuring that design changes, including material substitutions, are controlled before being incorporated in:
(i) a finished Class I product; or
(ii) a Class II, Class III or unapproved Class I product;
(g) segregating and identifying rejected materials and parts in a manner that precludes installation in the finished Class I, Class II, Class III or unapproved Class I product;
(h) a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in a finished Class I, Class II, Class III or unapproved Class I product;
(i) a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;
(j) maintaining inspection records, identified with the finished Class I, Class II, Class III or unapproved Class I product where practicable, and retaining them for at least 2 years.
Source FARs section 21.125 modified.
21.145 Materials Review Board
(1) The holder of a production certificate (other than a production certificate referred to in subregulation 21.133(2B)) must:
(a) establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and
(b) maintain complete records of Materials Review Board action for at least 2 years after the action was taken.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.125 modified.
21.147 Changes in quality system
(1) After the issue of a production certificate, each change to the quality system is subject to review by CASA.
(2) The holder of a production certificate must immediately notify CASA, in writing, of any change to the quality system that may affect:
(a) the inspection of a Class I product being manufactured under the certificate, or the conformity of such a product to its type design data, or the airworthiness of such a product; or
(b) the inspection of an unapproved Class I product being manufactured under the certificate, or the conformity of such a product to its product design data, or the airworthiness of such a product; or
(c) the inspection of a Class II or Class III product being manufactured under the certificate, or the conformity of such a product to its product design data.
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
21.149 Multiple products
CASA may authorise more than 1 Class I, Class II, Class III or unapproved Class I product to be manufactured under 1 production certificate if the products have similar production characteristics.
Source FARs section 21.149 modified.
21.151 Production limitation record
A production certificate must include, or have attached to it, a production limitation record that sets out:
(a) for a Class I product—the type certificate or foreign type certificate of each product authorised to be manufactured under the production certificate; and
(b) for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133(2B)) or an unapproved Class I product—the product design of each product authorised to be manufactured under the production certificate; and
(c) for a Class II or Class III product referred to in subregulation 21.133(2B)—a description of each product authorised to be manufactured under the production certificate.
Source FARs section 21.151 modified.
21.153 Amendment of production certificate
(1) The holder of a production certificate may apply to CASA to amend the certificate to add 1 or more of the following:
(a) a Class I product type certificate or foreign type certificate;
(b) a model to a Class I product type certificate or foreign type certificate;
(c) an unapproved Class I product design;
(d) a Class II product design;
(e) a Class III product design.
(2) CASA may amend the certificate if the applicant complies with the applicable requirements of regulations 21.139, 21.143 and 21.147.
Source FARs section 21.153 modified.
21.157 Inspections and tests
(1) If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.157 modified.
21.159 Duration
(1) A production certificate ceases to be in force:
(a) if the location of the manufacturing facility is changed; or
(b) if it is cancelled; or
(c) if a termination date is specified in the certificate—at midnight on that date.
(2) A production certificate is not in force during any period of suspension.
(3) CASA may suspend or cancel a production certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.
(4) A notice must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension—when the suspension stops having effect.
Source FARs section 21.159 modified.
Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of production certificates.
21.161 Display
(1) The holder of a production certificate must take reasonable steps to ensure that it is displayed prominently in the main office of the manufacturing facility in which the aircraft, aircraft engine or propeller to which the certificate relates is manufactured.
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.161 modified.
21.163 Privileges for holders of production certificates—conduct of training in particular maintenance
Primary category aircraft
(1) Subregulation (2) applies to:
(a) a person who:
(i) holds a production certificate for a primary category aircraft of a particular type and model; and
(ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(1); and
(b) a person who:
(i) holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and
(ii) is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(3).
(2) Subject to subregulation (5), the person may:
(a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.024(2); and
(b) if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.
Intermediate category aircraft
(3) Subregulation (4) applies to a person who:
(a) holds a production certificate for an intermediate category aircraft of a particular type and model; and
(b) is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A(1).
(4) Subject to subregulation (5), a person who is eligible may:
(a) conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.026(2); and
(b) if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.
Training to be given by licensed aircraft maintenance engineer
(5) For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer:
(a) who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and
(b) if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionary—whose licence is endorsed with the rating for that aircraft type.
Source FARs section 21.163 modified.
21.165 Responsibility of holder of production certificate
(1) The holder of a production certificate must maintain the quality system in conformity with the manual approved under regulation 21.143 in relation to the production certificate.
Penalty: 50 penalty units.
(2) The holder of a production certificate for a Class I product must ensure that each finished product that is:
(a) manufactured under the authority of the certificate; and
(b) submitted for airworthiness certification or approval;
conforms to the type design for the product and is in a condition for safe operation.
Penalty: 50 penalty units.
(3) The holder of a production certificate for a Class II, Class III or unapproved Class I product must ensure that each product that is:
(a) manufactured under the authority of the certificate; and
(b) submitted for approval;
conforms to the product design and is in a condition for safe operation.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.165 modified.
21.166 Records to be kept by holder of production certificate
(1) A person who manufactures a Class I, Class II, Class III or unapproved Class I product under a production certificate must keep, at the place of manufacture, the following records for each product:
(a) for a Class I product, a technical data file that includes:
(i) the current type design drawings; and
(ii) the current specifications; and
(iii) the reports on the results of any tests required by or under this Part; and
(iv) the original type inspection report; and
(v) any amendments to that report;
(b) for a Class II, Class III or unapproved Class I product, the current product design and the reports on the results of any tests required by or under this Part;
(c) any data (including any amendments) required to be submitted with the original application for the production certificate;
(d) a record of any rebuilding or alteration performed by the person;
(e) an inspection record;
(f) any serial number;
(g) any data about the processes and tests to which materials and parts used in the product are subjected;
(h) a record of any service difficulties reported to the person.
Penalty: 50 penalty units.
(2) The records mentioned in paragraphs (1)(a), (b), (c) and (d) must be retained for the period during which the product is manufactured by the person under the production certificate.
Penalty: 50 penalty units.
(3) The records mentioned in paragraphs (1)(e), (f), (g) and (h) must be retained for 2 years after the manufacture of the product to which the records relate.
Penalty: 50 penalty units.
(4) The person must allow CASA to examine the records at any reasonable time after reasonable notice is given to the person.
Penalty: 50 penalty units.
(5) If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops.
Penalty: 50 penalty units.
(6) An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.293 modified.
Subpart 21.H—Certificates 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 listed with a Part 103 ASAO, 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 amateur‑built aircraft accepted under an ABAA; or
(iv) a light sport aircraft covered by regulation 21.186; or
(b) a provisional certificate of airworthiness; or
(c) an experimental certificate.
standard certificate of airworthiness means a certificate of airworthiness issued for:
(a) an aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category; or
(b) a manned free balloon; or
(c) an aircraft in a special class of aircraft.
Source FARs section 21.175 modified.
21.176 Issue of certain certificates of airworthiness
(1) Subject to regulation 11.055, CASA, 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) A certificate of airworthiness continues in force:
(a) if a period is specified in the certificate—until the end of the period or until it is cancelled, whichever occurs first; or
(b) in any other case—until it is cancelled.
(3) The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person.
Penalty: 5 penalty units.
(4) A certificate of airworthiness is taken to not be in force for any period during which:
(a) the aircraft is either not registered in Australia or not listed with a Part 103 ASAO; or
(b) any type certificate or type acceptance certificate for the type of aircraft concerned is not in force; or
(c) in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, the aircraft is modified and the modification:
(i) is not authorised by the manufacturer; or
(ii) if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that time—is not authorised by an authorised person 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.
(4A) For the purposes of subregulation (4), if the certificate of airworthiness was issued for a specified period, the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.
(5) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in scheduled air transport operations, by written notice given to its holder, if:
(a) for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or
(aa) for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or
(b) the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft’s original type certificate was issued or the national aviation authority of a Contracting State, with respect to:
(i) collecting and investigating information on defects; or
(ii) reporting defects to the national aviation authority of the country of original type certification; or
(iii) keeping type records; or
(iv) producing and maintaining manuals; or
(v) issuing instructions for continuing airworthiness; or
(c) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.
(6) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if:
(a) for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or
(aa) for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or
(b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.
(7) A notice under subregulation (5) or (6) must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension—when the suspension stops having effect.
(8) Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.
(9) The holder of a certificate of airworthiness that is taken to not be in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.
Penalty: 5 penalty units.
(10) An offence against subregulation (3) or (9) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.181 modified.
Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of certificates of airworthiness.
21.182 Aircraft manufacturer’s data plate
(1) Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:
(a) as required by Subpart 21.Q; or
(b) in the case of an imported aircraft:
(i) as required by the national aviation authority of the Contracting State in which it was certificated; or
(ii) in another way acceptable to CASA.
(2) Subregulation (1) does not apply to an applicant:
(a) if the applicant is applying for an experimental certificate for an aircraft that is not an amateur‑built aircraft, a kit‑built aircraft or a light sport aircraft; or
(b) if:
(i) a different certificate of airworthiness is in force for the aircraft; and
(ii) the applicant for the issue of that certificate complied with subregulation (1).
Source FARs section 21.182 modified.
21.183 Standard certificates of airworthiness
New aircraft manufactured under a production certificate
(1) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:
(a) does not conform to the type design; or
(b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or
(c) is not in a condition for safe operation.
New aircraft manufactured under type certificate only
(2) An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a type certificate only is entitled to the certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity required by regulation 21.130, if CASA finds after inspection that the aircraft:
(a) conforms to the type design; and
(b) has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) is in a condition for safe operation; and
(d) was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate.
Imported aircraft
(3) An applicant for a standard certificate of airworthiness for an aircraft for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) the aircraft is in a condition for safe operation.
Other aircraft
(4) An applicant for a standard certificate of airworthiness for aircraft not covered by subregulation (1), (2) or (3) is entitled to the certificate if:
(a) the aircraft:
(i) has a type design approved under a type certificate or a supplemental type certificate; or
(ii) if there is no type certificate or supplemental type certificate for the aircraft—is of a type or model that has previously been issued a certificate of airworthiness in the category applied for; and
(b) the aircraft complies with any applicable airworthiness directives; and
(c) the aircraft meets the requirements mentioned in subregulation (4A); and
(d) CASA or an authorised person is satisfied that:
(i) the aircraft conforms to the type design (if any); and
(ii) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(iii) the aircraft is in a condition for safe operation.
(4A) For paragraph (4)(c), the requirements are that:
(a) the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and
(b) if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and
(c) if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and model—a person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184(4).
Inspection
(5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1), (3) or (4) to determine whether:
(a) it conforms to the type design; and
(b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) it is in a condition for safe operation.
Source FARs section 21.183 modified.
21.184 Special certificates of airworthiness for primary category aircraft
New primary category aircraft manufactured under a production certificate
(1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:
(a) does not conform to the type design; or
(b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or
(c) is not in a condition for safe operation.
Imported aircraft
(2) An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) the aircraft is in a condition for safe operation.
Aircraft having a current standard certificate of airworthiness
(3) An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft has a standard certificate of airworthiness; and
(b) the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and
(c) the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and
(d) the applicant meets the requirements mentioned in regulation 21.113A; and
(e) if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight—one of the following documents has been issued for the aircraft in relation to the maintenance:
(i) a certificate of release to service;
(ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and
(f) if Part 42 does not apply to the aircraft—a maintenance release is in force for the aircraft.
Other aircraft
(4) An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft:
(i) conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or
(ii) complies with 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 aircraft—an airworthiness review certificate is in force for the aircraft; and
(ca) if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and
(d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(e) the aircraft is in a condition for safe operation.
Inspection
(5) CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether:
(a) it conforms to the type design; and
(b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) it is in a condition for safe operation.
Multiple‑category certification
(6) A multiple‑category certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness.
Source FARs section 21.184 modified.
21.184A Special certificates of airworthiness for intermediate category aircraft
New intermediate category aircraft manufactured under a production certificate
(1) An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and was manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:
(a) does not conform to the type design; or
(b) has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or
(c) is not in a condition for safe operation.
Other aircraft
(2) An applicant for a special certificate of airworthiness for an aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and is not covered by subregulation (1) is entitled to the certificate if CASA or an authorised person is satisfied that:
(a) the aircraft:
(i) conforms to an approved intermediate, normal, utility, or acrobatic type design; or
(ii) complies with 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 aircraft—an airworthiness review certificate is in force for the aircraft; and
(ca) if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and
(d) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(e) the aircraft is in a condition for safe operation.
Inspection
(3) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (2) to determine whether:
(a) it conforms to the type design; and
(b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) it is in a condition for safe operation.
Multiple‑category certification
(4) A multiple‑category certificate of airworthiness in the intermediate category and any other category must not be issued; an intermediate category aircraft may hold only one certificate of airworthiness.
Source FARs section 21.184 modified.
21.185 Certificates of airworthiness for restricted category aircraft
Aircraft manufactured under a production certificate or type certificate only
(1) An applicant for the original issue of a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, is entitled to the certificate if the applicant complies with the appropriate provisions of regulation 21.183.
Imported aircraft
(2) An applicant for the original issue of a restricted category certificate of airworthiness for an imported aircraft type certificated only in the restricted category under regulation 21.029 or 21.029A is entitled to a certificate of airworthiness if CASA or an authorised person is satisfied that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) the aircraft is in a condition for safe operation.
Other aircraft
(3) An applicant for a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was a surplus aircraft of the Defence Force, or of an armed force of Canada, the United Kingdom or the United States of America, or was previously certificated in another category, is entitled to the certificate if CASA or an authorised person is satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.
(3A) Subregulation (3B) applies to an aircraft:
(a) that is type certificated in the normal, utility, acrobatic, commuter or transport category; and
(b) that has been modified for 1 or more of the special purpose operations mentioned in regulation 21.025; and
(c) the modifications to which have been carried out in accordance with:
(i) an approved modification/repair design; or
(ii) a supplemental type certificate.
(3B) An applicant for a special certificate of airworthiness for an aircraft to which this subregulation applies is entitled to the certificate as if the aircraft were type certificated in the restricted category if CASA or an authorised person finds, after inspection, that:
(a) the aircraft meets the requirements of the normal utility, acrobatic, commuter or transport category except the requirements that CASA or the authorised person considers are inappropriate for the special purpose for which the aircraft is to be used; and
(b) the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.
Inspection
(4) CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (3) to determine whether:
(a) it conforms to the type design; and
(b) any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) it is in a condition for safe operation.
Source FARs section 21.185 modified.
21.186 Special certificates of airworthiness for light sport aircraft
(1) An applicant is entitled to a special certificate of airworthiness for a light sport aircraft if:
(a) the aircraft was manufactured by a qualified manufacturer; and
(b) the applicant gives CASA, or the authorised person referred to in regulation 21.176, the following:
(i) a statement of compliance by the manufacturer that complies with subregulation (2);
(ii) copies of the aircraft operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer;
(iii) in the case of a light sport aircraft manufactured outside Australia—written information showing that:
(A) the aircraft was manufactured in a Contracting State; and
(B) the aircraft is eligible for a certificate of airworthiness, or another document of similar effect, in the country of manufacture; and
(c) CASA or an authorised person finds, after inspection, that the aircraft is in a condition for safe operation.
(2) A statement of compliance must be signed by the manufacturer and include at least the following:
(a) a statement setting out the aircraft’s make and model, serial number and date of manufacture;
(b) a statement specifying which of the LSA standards apply to the design of the aircraft, including a statement to the effect that the design of the aircraft complies with the specified standards;
(c) a statement specifying that:
(i) the manufacturer has a quality system that complies with the LSA standards; and
(ii) based on that system, the aircraft conforms to the manufacturer’s technical data for the design of the aircraft;
(d) a statement to the effect that the manufacturer will make the statements, documents and information referred to in paragraph (1)(b) available to any person who asks the manufacturer for them;
(e) a statement to the effect that the manufacturer will monitor the continuing airworthiness of the aircraft and will issue directions or requirements that comply with the LSA standards to correct any unsafe condition;
(f) a statement to the effect that, in accordance with a production acceptance test procedure that complies with the LSA standards:
(i) the manufacturer has ground‑tested and flight‑tested the aircraft; and
(ii) the manufacturer found the aircraft’s performance during ground and flight testing acceptable; and
(iii) the aircraft is in a condition for safe operation.
21.187 Multiple‑category airworthiness certification
(1) An applicant for a certificate of airworthiness for an aircraft in the restricted category, and in one or more other categories (except the primary or intermediate category), is entitled to the certificate, if the aircraft:
(a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and
(b) can be converted from one category to another by removing or adding equipment by simple mechanical means.
(2) The operator of an aircraft certificated in the restricted category and in one or more other categories must have the aircraft inspected to determine airworthiness each time the aircraft is converted from the restricted category to another category for the carriage of passengers.
Penalty: 50 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The inspection must be carried out by:
(a) CASA or an authorised person; or
(b) a person who, under regulation 42ZE or 42ZN of CAR, can certify that the maintenance carried out on the aircraft for the purposes of its conversion was completed.
(4) CASA or an authorised person may inspect the aircraft, and may require the applicant to make any tests reasonably necessary, to determine whether the aircraft:
(a) complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and
(b) can be converted from one category to another by removing or adding equipment by simple mechanical means.
Source FARs section 21.187 modified.
21.189 Special certificate of airworthiness for limited category aircraft
(1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the limited category for one or more special purpose operations mentioned in subregulation (3) if:
(a) either:
(i) CASA or 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 ex‑military aircraft;
(aa) conducting adventure flights in historic or ex‑military 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 airworthiness—amateur‑built category aircraft accepted under an ABAA
(1) An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateur‑built aircraft category if:
(a) CASA or an authorised person has given an ABAA for the aircraft; and
(b) the aircraft complies with subsections 3 and 4 of section 101.28 of the Civil Aviation Orders; and
(c) approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and
(d) CASA or an authorised person finds, after inspection, that:
(i) the aircraft conforms with the data on the basis of which the ABAA was given; and
(ii) any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and
(iii) the aircraft is in a condition for safe operation.
(1A) In the case of an aircraft that is a rotorcraft, for the application of section 101.28 of the Civil Aviation Orders:
(a) a reference in that section to an aeroplane is taken to be a reference to an aircraft; and
(b) CASA may direct that a requirement of that section does not apply in a particular case.
(2) CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with:
(a) a maximum take‑off weight not greater than 1500 kilograms; and
(b) not more than 4 seats; and
(c) if the aircraft is an aeroplane that is fitted with one or more type certificated engines:
(i) a stalling speed VS0 at maximum weight not exceeding 61 knots; or
(ii) if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:
(A) 65 kg/m2 with a flap area of less than 6 percent gross wing area; or
(B) 80 kg/m2 with a flap area of at least 6 percent gross wing area; and
(d) if the aircraft is an aeroplane that is fitted with one or more non‑type certificated engines:
(i) a stalling speed VS0 at maximum weight not exceeding 55 knots; or
(ii) if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:
(A) 55 kg/m2 with a flap area of less than 6 percent gross wing area; or
(B) 65 kg/m2 with a flap area of at least 6 percent gross wing area.
(3) CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30 September 2000.
21.191 Experimental certificates
An experimental certificate may be issued for one or more of the following purposes:
(a) research and development: for example testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft;
(b) showing compliance with regulations: for example conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issue of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations;
(c) training the applicant’s flight crew;
(d) exhibition: for example exhibiting the aircraft’s flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions;
(e) air racing: for example participating in air races, including (for participants) practising for air races and flying to and from racing events;
(f) market surveys: for example use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in regulation 21.195;
(g) operating an amateur‑built aircraft: that is an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation;
(h) operating a kit‑built aircraft: that is an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a) and that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under subregulation 21.184(1);
(i) private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d);
(j) operating a light sport aircraft that:
(i) has been assembled from a kit in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e); and
(ii) has been assembled in accordance with the kit manufacturer’s instructions for assembling the aircraft; and
(iii) is of the same make and model as a production aircraft covered by regulation 21.186 that has been issued with a special certificate of airworthiness;
(k) operating any other light sport aircraft covered by regulation 21.186 for which a special certificate of airworthiness for light sport aircraft, or another document of similar effect under a law of a Contracting State, has been issued.
Source FARs section 21.191 modified.
21.192 Experimental certificates: eligibility
An aircraft registration holder, or the owner of an aircraft that is listed with a Part 103 ASAO, is eligible to apply for an experimental certificate for one or more of the purposes mentioned in regulation 21.191.
21.193 Experimental certificates: general
An applicant for an experimental certificate is entitled to the certificate if the applicant gives CASA, an authorised person or a relevant approved design organisation the following:
(a) a statement, in a form and manner acceptable to CASA or the authorised person, setting forth the purpose for which the aircraft is to be used;
(b) enough data (such as photographs) to identify the aircraft;
(c) upon inspection of the aircraft, any information reasonably needed by CASA or the authorised person or relevant approved design organisation to enable it to impose any conditions, including operational limitations, necessary in the interests of the safety of other airspace users and persons on the ground or water;
(d) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(a) (research and development) or paragraph 21.191(b) (showing compliance with the regulations):
(i) a description of the experimental purposes for which the certificate is sought; and
(ii) a statement setting out the estimated time or number of flights required for the purpose; and
(iii) a description of the areas over which the experiment will be conducted; and
(iv) except for aircraft converted from a previously certificated type without appreciable change in the external configuration—three‑view drawings or three‑view dimensioned photographs of the aircraft;
(e) if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(j) (operating certain light sport aircraft):
(i) written information that shows that a special certificate of airworthiness for light sport aircraft covered by regulation 21.186, or another document of similar effect under a law of a Contracting State, has been issued for a production aircraft of the same make and model; and
(ii) a statement of compliance, issued by the manufacturer of the kit from which the aircraft was assembled, that includes the statements and information required by subregulation 21.186(2), in so far as the statements and information relate to the manufacture of such kits; and
(iii) copies of the aircraft assembly and operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer.
Source FARs section 21.193 modified.
21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training
(1) A manufacturer of aircraft manufactured within Australian territory is eligible to apply for an experimental certificate for an aircraft that is to be used for a purpose mentioned in paragraph 21.191(f).
(2) A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by the manufacturer within Australian territory, is eligible to apply for an experimental certificate for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, acrobatic, commuter, primary, intermediate or transport category.
(3) A person who has altered the design of a type certificated aircraft is eligible to apply for an experimental certificate for the altered aircraft to be used for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, primary, intermediate or transport category.
(4) An applicant for an experimental certificate for a purpose mentioned in paragraph 21.191(f) is entitled to the certificate if, in addition to meeting the requirements of regulation 21.193:
(a) the applicant has established an inspection and maintenance program for the continued airworthiness of the aircraft; and
(b) the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified.
Source FARs section 21.195 modified.
21.195A Issue of experimental certificates
(1) Subject to regulation 11.055, CASA, an authorised person or a relevant approved design organisation must issue an experimental certificate to an applicant for the certificate if the applicant:
(a) is eligible, under regulation 21.192, to apply for the certificate; and
(b) applies for the certificate in accordance with this Subpart; and
(c) is entitled, under this Subpart, to the certificate; and
(d) otherwise complies with this Part.
(3) A condition imposed on an experimental certificate under regulation 11.056 may include operational limitations.
(4) Any conditions imposed on an experimental certificate under regulation 11.056, must be in writing and set out in, or attached to, the experimental certificate.
21.195B Duration, production for inspection, suspension and cancellation of experimental certificates
(1) An experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:
(a) if a period of less than one year is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or
(b) in any other case—until the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.
(2) An experimental certificate issued for the purpose of exhibition, air racing, operating amateur‑built, kit‑built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d), continues in force:
(a) if a period is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or
(b) in any other case—until it is cancelled.
(3) The holder of an experimental certificate commits an offence if:
(a) CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and
(b) the holder does not make the certificate available for inspection in accordance with the request.
Penalty: 50 penalty units.
(4) An experimental certificate for an aircraft is taken to not be in force for any period during which the aircraft is either not registered in Australia or not listed with a Part 103 ASAO.
(4A) For the purposes of subregulation (4), the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.
(5) CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:
(a) any maintenance is not carried out in accordance with regulation 42CB of CAR; or
(b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.
(6) A notice under subregulation (5) must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension—when the suspension stops having effect.
(7) Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.
(8) The holder of an experimental certificate commits an offence if:
(a) the certificate is taken to not be 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 take‑off 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, fuel‑carrying 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) If CASA or an authorised person issues a special flight permit for an aircraft, CASA or the authorised person may direct that any of the following do not apply in relation to the aircraft while the permit is in force:
(a) paragraph 91.145(2)(c);
(b) paragraph 91.145(2)(d);
(c) Division 91.C.3.
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, co‑pilot, 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 suspension—when 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.I—Provisional 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 Australian air transport AOC that authorises scheduled air 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 suspension—when 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) Except as provided in regulation 21.225, an applicant who holds a Class I provisional type certificate for an aircraft is entitled to a Class I provisional certificate of airworthiness for the aircraft if:
(a) the applicant meets the eligibility requirements of regulation 21.213; and
(b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the requirements and limitations under subregulation 21.081(4) and Division 91.T.3.
(2) The manufacturer must hold a provisional type certificate for the aircraft.
(3) The manufacturer must submit a statement that the aircraft conforms to the type design corresponding to the provisional type certificate and has been found by the manufacturer to be in safe operating condition under all applicable limitations.
(4) The aircraft must be flown at least five hours by the manufacturer.
(5) The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the requirements and limitations under subregulation 21.081(4) and Division 91.T.3.
Source FARs section 21.221 modified.
21.223 Class II provisional certificates of airworthiness
(1) Except as provided in regulation 21.225, an applicant who holds a Class II provisional type certificate for an aircraft is entitled to a Class II provisional certificate of airworthiness for the aircraft if:
(a) the applicant meets the eligibility requirements of regulation 21.213; and
(b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the requirements and limitations under subregulation 21.083(7) and Division 91.T.3.
(2) The applicant must show that a Class II provisional type certificate for the aircraft has been issued to the manufacturer.
(3) The applicant must submit a statement by the manufacturer that the aircraft has been manufactured under a quality system adequate to ensure that the aircraft conforms to the type design corresponding with the provisional type certificate.
(4) The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations.
(5) The aircraft must be flown at least five hours by the manufacturer.
(6) The aircraft must be supplied with a provisional aircraft flight manual containing the requirements and limitations under subregulation 21.083(7) and Division 91.T.3.
Source FARs section 21.223 modified.
21.225 Provisional certificates of airworthiness corresponding with provisional amendments to type certificates
(1) An applicant is entitled to a Class I or a Class II provisional certificate of airworthiness for an aircraft for which a provisional amendment to the type certificate has been issued, if:
(a) the applicant meets the eligibility requirements of regulation 21.213; and
(b) CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft, as modified in accordance with the provisionally amended type certificate, that would make the aircraft unsafe when operated in accordance with the applicable requirements and limitations under subregulation 21.085(6) and Division 91.T.3.
(2) The applicant must show that the modification was made under a quality system adequate to ensure that the modification conforms to the provisionally amended type certificate.
(3) The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations.
(4) The aircraft must be flown at least five hours by the manufacturer.
(5) The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the requirements and limitations under subregulation 21.085(6) and Division 91.T.3.
Source FARs section 21.225 modified.
Subpart 21.J—Approved design organisations
Division 21.J.1—General
21.231 What Subpart 21.J is about
This Subpart sets out matters relating to approved design organisations including:
(a) requirements for approval as an approved design organisation; and
(b) the privileges and obligations of approved design organisations.
21.233 Definitions for Subpart 21.J
In this Subpart:
accountable manager, for an approved design organisation, means the individual, appointed by the organisation, who is responsible for:
(a) ensuring that the organisation complies with its exposition and design assurance system and these Regulations; and
(b) ensuring that the organisation is able to finance the carrying out of the design activities stated in its approval certificate; and
(c) ensuring that the organisation has adequate resources available to enable the organisation to carry out design activities in accordance with its exposition and design assurance system.
advice activity means giving advice under regulation 21.007A.
approval activity means any of the following:
(aa) approving an aircraft flight manual under regulation 21.006;
(a) approving a change to an aircraft flight manual under regulation 21.006A;
(b) approving a defect in an Australian aircraft as a permissible unserviceability under regulation 21.007;
(c) approving technical data under regulation 21.009;
(d) approving a minor change in a type design under regulation 21.095;
(e) approving a major change in a type design under regulation 21.098;
(ea) varying a supplemental type certificate under regulation 21.120B;
(f) approving the design of a Class II or Class III product under regulation 21.132A;
(g) approving a material, part, process or appliance under regulation 21.305A;
(h) granting a modification/repair design approval under regulation 21.437;
(i) approving an imported aircraft engine or propeller under regulation 21.500A;
(j) approving an imported material, part or appliance under regulation 21.502A;
(k) under regulation 11.067, imposing a condition on, or varying a condition of, an approval mentioned in any of paragraphs (a) to (j);
(l) under Subpart 11.D, varying an approval mentioned in any of paragraphs (a) to (j).
approval certificate, for an approved design organisation, means the certificate issued to the organisation under regulation 21.245.
carries out a design activity: an approved design organisation carries out a design activity if the activity is carried out on the organisation’s behalf by:
(a) an employee of the organisat
