Civil Aviation Amendment Regulations 2004 (No. 4)1
Statutory Rules 2004 No. 3452
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.
Dated 1 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
JOHN ANDERSON
Minister for Transport and Regional Services

Contents
	1	Name of Regulations	3
	2	Commencement	3
	3	Amendment of Civil Aviation Regulations 1988	3
	4	Amendment of Civil Aviation Safety Regulations 1998	3
	5	Amendment of Civil Aviation Amendment Regulations 2000 (No. 3)	3
	6	Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)	3
	7	Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)	3
Schedule 1	Amendments of Civil Aviation Regulations 1988	4
Schedule 2	Amendments of Civil Aviation Safety Regulations 1998	26
Part 1	Amendments relating to regulatory administrative procedures	26
Part 2	Amendments relating to ‘internal tables of provisions’	71
Part 3	Amendments substituting explicit dates for references to dates	112
Part 4	Renumbering of certain Subparts and Divisions	124
Part 5	Other miscellaneous amendments	129
Schedule 3	Amendment of Civil Aviation Amendment Regulations 2000 (No. 3)	145
Schedule 4	Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)	145
Schedule 5	Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)	145

1	Name of Regulations
		These Regulations are the Civil Aviation Amendment Regulations 2004 (No. 4).
2	Commencement
		These Regulations commence on the date of their notification in the Gazette.
3	Amendment of Civil Aviation Regulations 1988
		Schedule 1 amends the Civil Aviation Regulations 1988.
4	Amendment of Civil Aviation Safety Regulations 1998
		Schedule 2 amends the Civil Aviation Safety Regulations 1998.
5	Amendment of Civil Aviation Amendment Regulations 2000 (No. 3)
		Schedule 3 amends the Civil Aviation Amendment Regulations 2000 (No. 3).
6	Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)
		Schedule 4 amends the Civil Aviation Amendment Regulations 2001 (No. 4).
7	Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)
		Schedule 5 amends the Civil Aviation Amendment Regulations 2002 (No. 2).

Schedule 1	Amendments of Civil Aviation Regulations 1988
(regulation 3)
  
[1]	Subregulation 2 (1), definition of aviation authority, paragraph (a)
omit
the CASA; and
insert
CASA; and
[2]	Subregulation 2 (1), definition of class of airspace
omit
subregulation 2.4.1 (1)
insert
paragraph 2.04 (1) (b)
[3]	Paragraph 2 (7) (a)
omit
paragraph 206 (a)
insert
paragraph 206 (1) (a)
[4]	Paragraph 2 (7) (b)
omit
paragraph 206 (b)
insert
paragraph 206 (1) (b)
[5]	Paragraph 2 (7) (c)
omit
paragraph 206 (c)
insert
paragraph 206 (1) (c)
[6]	Subregulation 2 (7B)
omit
CAR 1998,
insert
CASR,
[7]	Subregulation 2B (2)
omit
or authorised person
insert
or the authorised person
[8]	Paragraph 5A (1) (a)
omit
the commencement of this regulation; and
insert
16 June 1994; and
[9]	Paragraph 5A (1) (b)
omit
after that commencement; and
insert
on or after that day; and
[10]	Subparagraphs 6A (1) (a) (vi) and (vii)
omit
[11]	Subregulation 7 (1)
omit
these regulations.
insert
CAR.
[12]	Paragraph 7A (aa)
omit
CAR 1998
insert
CASR
[13]	Paragraph 42G (7) (a)
omit
or authorised person,
insert
or the authorised person,
[14]	Paragraph 42M (1) (b)
omit
or authorised person
insert
or the authorised person
[15]	Subregulation 42M (1)
omit
or authorised person
insert
or the authorised person
[16]	Subregulation 42M (3)
omit
or authorised person
insert
or the authorised person
[17]	Subregulations 42M (4) and (5)
substitute
	(4)	CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA’s, or the authorised person’s, decision in relation to the system submitted.
	(5)	If CASA or the authorised person decides:
	(a)	not to approve the system of maintenance; or
	(b)	to modify the system of maintenance;
CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.
[18]	Paragraph 42R (1) (b)
omit
or authorised person
insert
or the authorised person
[19]	Subregulation 42R (1)
omit
or authorised person
insert
or the authorised person
[20]	Subregulation 42R (3)
omit
or authorised person
insert
or an authorised person
[21]	Subregulations 42R (4) and (5)
substitute
	(4)	CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA’s, or the authorised person’s, decision in relation to the change submitted.
	(5)	If CASA or the authorised person decides:
	(a)	not to approve the change; or
	(b)	to modify the change;
CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.
[22]	Subparagraph 42W (4) (c) (ii)
omit
CAR 1998; or
insert
CASR; or
[23]	Regulation 42WA, note
substitute
Note   A document that complies with regulation 42WA is an authorised release certificate. Appendix 1 to Civil Aviation Order 100.16 gives a list of documents issued in foreign countries that, if completed correctly, will be authorised release certificates. Civil Aviation Advisory Publication 42W-1 sets out documents necessary for the supply of components, parts and material. Also, Civil Aviation Advisory Publication 42W-2 explains how to prepare a certificate. Both the Order and the Advisory Publications are available on CASA’s website.
[24]	Paragraph 42ZC (8) (a)
omit
or authorised person,
insert
or the authorised person,
[25]	Paragraph 42ZK (1) (b)
omit
or authorised person
insert
or the authorised person
[26]	Subregulation 42ZK (1)
omit
or authorised person
insert
or the authorised person
[27]	Subregulation 42ZK (2)
omit
or authorised person’s
insert
or the authorised person’s
[28]	Subregulation 42ZK (3)
omit
or authorised person
insert
or the authorised person
[29]	Subregulation 42ZR (4)
omit
or authorised person
insert
or the authorised person
[30]	Subregulations 42ZS (2) to (5)
substitute
	(2)	If CASA or the authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as CASA or the authorised person thinks necessary in the interests of the safety of air navigation.
	(3)	CASA or the authorised person must, in writing, notify the applicant of CASA’s, or the authorised person’s, decision in relation to the application.
	(4)	If CASA or the authorised person grants the exemption, or approves the variation, CASA or the authorised person must identify in the exemption or approval:
	(a)	in the case of an exemption:
	(i)	the aircraft to which the exemption relates; and
	(ii)	the person or persons to whom the exemption applies; and
	(iii)	the conditions (if any) subject to which the exemption is granted; or
	(b)	in the case of an approval of a variation:
	(i)	the aircraft to which the variation relates; and
	(ii)	the person or persons to whom the variation applies; and
	(iii)	the conditions (if any) subject to which the variation is granted.
	(5)	If CASA or the authorised person decides not to grant the exemption, or approve the variation, CASA or the authorised person must include in the notice a statement of the reasons for that decision.
[31]	Paragraph 42ZT (2) (c)
omit
or authorised person
insert
or the authorised person
[32]	Subregulation 50D (1)
omit
or authorised person.
insert
or the authorised person.
[33]	Subregulation 54 (2)
omit
regulation 55,
insert
regulation 55 or 55A,
[34]	Subregulation 61 (1)
omit
CAR 1998,
insert
CASR,
[35]	Paragraph 92 (1) (b)
omit
a licence granted under regulation 89C;
insert
a certificate granted, or registration, under Part 139 of CASR;
[36]	Paragraph 92A (4) (b)
substitute
	(b)	the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.
[37]	Paragraph 92A (4A) (b)
substitute
	(b)	the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.
[38]	Subregulation 92A (5)
substitute
	(5)	For the purposes of paragraphs (4) (a) and (4A) (a), despite the repeal of Division 4 of this Part by the Civil Aviation Amendment Regulations 2003 (No. 1), the requirements are those of subregulation 92A (5), as in force on 1 May 2003.
Note   The text of that subregulation, as in force on 1 May 2003, is available on SCALEplus at http://scaleplus.law.gov.au/html/histreg/6/3203/rtf/ CivilAviation1988Vol2.rtf.
	(5A)	An aerodrome or an aerodrome operator is taken to comply with a requirement of subregulation 92A (5) (as in force on 1 May 2003) if:
	(a)	the aerodrome or the operator complies with a requirement of Part 139 of CASR that corresponds to the requirement of that subregulation; or
	(b)	under Subpart 202.GA of CASR, the aerodrome or the operator is taken to so comply.
Note   Regulation 202.705 of CASR provides for the continuation in force of certain exemptions granted under regulation 89ZD.
[39]	Paragraph 96 (1) (b)
substitute
	(b)	a place the use of which as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR; or
[40]	Paragraph 105 (1) (b)
substitute
	(b)	a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;
[41]	Paragraph 115 (a)
omit
officer
[42]	Paragraph 115 (b)
substitute
	(b)	a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;
[43]	Regulation 169, heading
substitute
169	Preventing collisions on water
[44]	Subregulation 230 (2)
omit
Part V,
insert
Part 5,
[45]	Paragraph 252A (2) (c)
omit
subregulation 134 (1); or
insert
regulation 21.197 of CASR; or
[46]	Subregulation 259 (2)
omit
CAR 1998
insert
CASR
[47]	Subregulation 263 (1), definition of licence, paragraphs (ca) and (d)
substitute
	(d)	an aircraft endorsement.
[48]	Subregulation 264 (1)
omit
Subject to subregulation 89C (3),
[49]	Regulation 266
omit
Subject to regulation 89F, if
insert
If
[50]	Subregulation 294 (3), definition of authorised person
omit
as defined in regulation 89
[51]	Regulation 296A, definition of prescribed offence, note
substitute
Note   Subregulation 2C (1) provides that CASR is to be read with, and as if it formed part of, CAR.
[52]	Subregulation 297A (1), definition of reviewable decision, paragraph (a)
omit
[53]	Subregulation 297A (1), definition of reviewable decision, paragraph (s)
omit
[54]	Subregulation 297A (1), definition of reviewable decision, paragraphs (t) and (u)
omit
[55]	Regulation 298
omit
(other than a certificate to which regulation 211 applies)
[56]	Subregulation 298A (8), definition of endorsement, paragraph (b)
substitute
	(b)	an aircraft endorsement; or
	(c)	an endorsement under Part 65 of CASR.
[57]	Subregulation 298A (8), definition of licence, paragraph (c)
substitute
	(c)	a licence under Part 65 of CASR.
[58]	Subregulation 298A (8), definition of rating, paragraph (b)
substitute
	(b)	a rating under Part 65 of CASR.
[59]	Subregulation 303A (1)
substitute
	(1)	If:
	(a)	CASA or an authorised person is authorised, or taken to be authorised, under these Regulations to issue, give or grant a prescribed exemption; and
	(b)	there is no provision of the Act or these Regulations expressly authorising CASA or an authorised person to impose conditions on the exemption;
this regulation authorises CASA or the authorised person, as the case may be, to issue, give or grant the exemption subject to any condition that CASA or the authorised person thinks necessary to impose in the interests of the safety of air navigation.
[60]	Subregulation 303A (4)
substitute
	(4)	In this regulation:
prescribed exemption means an exemption, direction, instruction, notification, permission, approval or authority (whatever it is called) that has the effect of exempting a person from complying with a provision of these Regulations.
[61]	Subregulation 308 (1)
omit
Subject to subregulation (1A),
[62]	Paragraph 308 (1) (a)
omit
these regulations;
insert
CAR;
[63]	Paragraph 308 (1) (b)
omit
these regulations
insert
CAR
[64]	Subregulation 308 (1A)
omit
[65]	Subregulation 308 (2)
omit
these regulations,
insert
CAR,
[66]	Regulation 308, at the foot
insert
Note   CASA can issue exemptions from CASR under Subpart 11.F of CASR.
[67]	Regulations 310A to 310C
omit
[68]	Regulation 311
substitute
311	Transitional
	(1)	If:
	(a)	an instrument (other than an Air Navigation Order or an instrument delegating powers or functions) made, granted or issued by a person under or for the purposes of a provision of the Air Navigation Regulations 1947 (the ANR) was in effect immediately before 30 June 1988; and
	(b)	that provision is one to which a provision of these Regulations corresponds;
the instrument continues to have effect on and after that day as if it had been made, granted or issued by the appropriate person under or for the purposes of that corresponding provision.
	(2)	If:
	(a)	an Air Navigation Order issued under the ANR for the purposes of a provision of those Regulations was in effect immediately before 30 June 1988; and
	(b)	that provision is one to which a provision of these Regulations corresponds;
the Air Navigation Order continues to have effect on and after that day as if it had been issued by CASA for the purposes of that corresponding provision.
	(3)	If:
	(a)	any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by a person under or for the purposes of a provision of the ANR was in effect immediately before 30 June 1988; and
	(b)	that provision is one to which a provision of these Regulations corresponds;
the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that corresponding provision.
	(4)	An Air Navigation Order referred to in subregulation (2) is, in its operation on and after 30 June 1988, taken to be a Civil Aviation Order.
	(5)	If any act done, step taken or decision made by a person under or for the purposes of an Air Navigation Order referred to in subregulation (2) was in effect immediately before 30 June 1988, the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that Air Navigation Order as continued in effect after that day as a Civil Aviation Order.
	(6)	In an instrument (including an Air Navigation Order) that, by virtue of this regulation, continues to have effect in the manner provided in this regulation:
	(a)	a reference to the Secretary to the Department is to be read as a reference to CASA; and
	(b)	a reference to the Department (other than a reference mentioned in paragraph (a)) is to be read as a reference to CASA; and
	(c)	a reference to a provision of the Air Navigation Act 1920 is to be read as a reference to the corresponding provision of the Act; and
	(d)	a reference to a provision of the ANR shall be read as a reference to the corresponding provision of these Regulations; and
	(e)	a reference to an Air Navigation Order that, by virtue of this regulation, continues to have effect as a Civil Aviation Order is to be read as a reference to that Civil Aviation Order.
[69]	Regulation 312, definition of original regulations
omit
the commencement of this regulation.
insert
1 October 1998.
[70]	Regulation 313
omit each mention of
the commencement of this regulation
insert
1 October 1998
[71]	Subregulation 313 (6)
omit
before the commencement,
insert
before that day,
[72]	Subregulation 314 (5)
substitute
	(5)	If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force.
[73]	Regulation 315
omit
the commencement of this regulation,
insert
1 October 1998,
[74]	Subregulation 317 (1)
omit
the commencement of this regulation
insert
1 October 1998
[75]	Paragraph 317 (1) (b)
substitute
	(b)	30 September 1999.
[76]	Regulation 317A
omit
the commencement of this regulation
insert
16 August 1999
[77]	Subregulation 318 (2)
omit
the commencement of this regulation.
insert
1 December 1998.
[78]	Subregulations 318 (3) and (4)
omit each mention of
the commencement of this regulation
insert
1 December 1998
[79]	Subregulations 318 (3) and (4)
omit each mention of
the commencement,
insert
that day,
[80]	Regulation 319
omit each mention of
the commencement of this regulation
insert
1 December 1998
[81]	Subregulation 319 (3)
omit
the commencement,
insert
that day,
[82]	Regulations 320 and 321
omit each mention of
the commencement of this regulation
insert
1 December 1998
[83]	Regulation 322
omit each mention of
the commencement of this regulation,
insert
16 August 1999,
[84]	Regulation 323
substitute
323	Transitional: documents to be carried in Australian aircraft
	(1)	This regulation applies to an Australian aircraft if a change to its flight manual is required under regulation 322.
	(2)	Despite subregulation 139 (1), during the transition period, the aircraft is not required to carry its flight manual when flying if it carries on board the manual that was its flight manual immediately before 16 August 1999.
Note   An aircraft’s flight manual immediately before 16 August 1999 was the manual in force for the aircraft under regulation 138, as that regulation was in force immediately before that day.
	(3)	In subregulation (2):
transition period means:
	(a)	if the change to the aircraft’s flight manual is made before the last day of the period within which the change must be made — the period beginning on 16 August 1999 and ending at the end of the day on which the change is made; or
	(b)	if paragraph (a) does not apply — the period within which the change must be made under subregulation 322 (4).
[85]	Regulation 323A
substitute
323A	Transitional — determinations under regulation 178
	(1)	A determination under paragraph 178 (1) (b) of the old regulations that was in force immediately before 1 October 2003 has effect on and after that day as if it were a determination under subregulation 178 (6) of the amended regulations.
	(2)	A determination under subregulation 178 (5) of the old regulations that was in force immediately before 1 October 2003 has effect after that day as if it were a determination under subregulation 178 (6) of the amended regulations.
	(3)	In this regulation:
amended regulations means CAR as in force and as amended on and after 1 October 2003.
old regulations means CAR as in force immediately before 1 October 2003.
[86]	Regulations numbered 325 and 324
substitute
324	Transitional: certain warnings
	(1)	The requirement in paragraph 262AM (4) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AM (6) (as in force immediately before 1 December 1999):
	(a)	is displayed in accordance with paragraph 262AM (4) (c); and
	(b)	was so displayed immediately before 1 December 1999.
	(2)	The requirement in paragraph 262AP (8) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AP (9) (as in force immediately before 1 December 1999):
	(a)	is displayed in accordance with paragraph 262AP (8) (c); and
	(b)	was so displayed immediately before 1 December 1999.
325	References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)
		A reference in an instrument made before 22 December 1999 to a Part, Division or Subdivision renumbered by the Civil Aviation Amendment Regulations 1999 (No. 6) is a reference to the Part, Division or Subdivision as so renumbered.
[87]	Schedule 5, heading
substitute
Schedule 5	CASA maintenance schedule
(subregulation 2 (1), definition of CASA maintenance schedule)
[88]	Schedule 6, heading
substitute
Schedule 6	CASA system of certification of completion of maintenance
(subregulation 2 (1), definition of CASA system of certification of completion of maintenance)

Schedule 2	Amendments of Civil Aviation Safety Regulations 1998
(regulation 4)
Part 1	Amendments relating to regulatory administrative procedures
[1]	Guide, paragraphs 52 and 53, including the heading
substitute
Incorporated manuals
52.	Many Parts of CASR are supported by a Manual of Standards that contains detailed technical material, such as technical specifications and standards. The text of a Manual is often incorporated in CASR by reference. There will usually be a definition of ‘Manual’, ‘Manual of Standards’ or ‘MOS’ (probably followed by a reference to a Part of CASR), which will say something like:
‘For this Part (that is, Part of the Regulations):
‘MOS Part 43 means the document called Manual of Standards — Part 43, published by CASA, as in force from time to time’.
Note that for a particular Part of CASR, only part of the Manual may be incorporated, and that part of the relevant Manual is what ‘Manual’ or ‘MOS’ will mean for that Part.
53.	A Manual may be amended from time to time, but the amendments will be done in a similar way to amendments to CASR or CAR (for the procedure, see paragraphs 79 to 91A of this Guide).
[2]	Guide, paragraph 79
substitute
79.	This section sets out how you can ask CASA for a change to CASR or CAR or a Manual incorporated by reference in CASR, and what CASA will do in processing your request.
[3]	Guide, paragraphs 83 to 91
substitute
83.	Before taking any action, CASA will consider any comments received about the subject of your request, and will tell you whether they propose to go ahead with a change or not, and the reasons for the decision.
84.	The next stage is formulation of the draft proposal and public consultation on it. CASA is required by section 16 of the Civil Aviation Act 1988 to consult with ‘government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry)’.
85.	The basic procedure for consultation on a proposed legislative change is as follows:
•	CASA publishes a notice of its intention to make a rule, and the availability of the proposed rule, in a national newspaper and on its website
•	the actual rulemaking proposal is released publicly as a Notice of Proposed Rule Making (NPRM), which sets out the proposed change and supporting information
•	anybody interested has a reasonable time (normally 8 weeks) to comment.
The procedure for consultation on a change to a manual is similar except that the formal notice is called a Notice of Proposed Change (NPC).
86.	An NPRM will include the actual text of the proposed legislative change, as drafted by the Office of Legislative Drafting of the Commonwealth Attorney-General’s Department. The NPRM will also include:
•	an introductory statement (‘Foreword’) extending an invitation to comment on the proposal
•	background information, including a description of the problem addressed and why rule-making is necessary
•	the objectives of the proposed rule
•	the options that were considered and the constraints making them viable or not
•	an impact analysis setting out the advantages and disadvantages of those options, and a description of the subjects and issues involved
•	a Guide on how to comment (including addresses).
It may also include copies of proposed supporting material such as the relevant draft Manual of Standards or guidance or advisory material. An NPC is similarly organised but the proposed change document is drafted by technical specialists from CASA’s Aviation Safety Standards Division.
87.	The notice will also give the date by which comments must be submitted, and where to send comments. There will be a response sheet in the NPRM or NPC, and you are urged to use it in responding. There is also an online response system at:
http://rrp.casa.gov.au/ors.asp.
88.	Requests for extension of time to comment should be sent to CASA no later than 2 days before the announced expiry time. It may not be possible in a particular case to allow an extension of time to comment. However, extensions are normally granted if you have a substantive interest in the proposed change and a good reason for the extension. Bear in mind that extending the time for comment will delay the process.
89.	Anybody can make a comment on a proposed change. Comments must be in writing and should preferably be submitted on the response form.
90.	CASA will register all comments made. After the time for comments (or any extension of it) expires, CASA will evaluate all the comments received, and publish a summary of those comments, CASA’s response to them, the action taken, CASA’s policy, the action being taken, the finalised draft legislation or manual change, and any associated guidance and supporting materials.
91.	Finally, for changes to CASR or CAR only, the Minister for Transport and Regional Services must decide whether to recommend to the Governor-General that the proposed amending Regulations be made. If the Minister approves the proposed change, he or she submits the text of the proposed amending Regulations to the Governor-General for making as Regulations. After the proposed Regulations are made, a notice of their making is published in the Commonwealth Gazette, and copies of the official text are made available. The Regulations are also tabled in each House of the Parliament within 15 sitting days after making, and then within a further 15 sitting days any Member or Senator can move to disallow them.
91A.	Authority to issue a MOS rests with the Director of Aviation Safety.
[4]	After regulation 1.007
insert
1.008	Inconsistency between MOS and Act or Regulations
	(1)	In this regulation:
MOS has the same meaning as in Subpart 11.J.
	(2)	If there is an inconsistency between a MOS and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.
Note   A MOS (Manual of Standards) is a document that supports CASR by providing detailed technical material, such as technical specifications or standards. See generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.
[5]	Part 11
substitute
Part 11	Regulatory administrative procedures
Note   This Part is made up as follows:
Subpart 11.A	Preliminary
11.005	Applicability of this Part
11.010	What is in this Part
11.015	Definitions for Part
Subpart 11.B	Applications
11.020	Effect of this Subpart
11.025	Application of this Subpart to authorised representatives
11.030	When application taken to be complete
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
11.050	Material that CASA may or must take into account
11.055	Grant of authorisation
11.060	Notice of decision
11.065	When authorisation comes into effect
11.070	Conditions of authorisations — notice to CASA of certain matters
11.080	When authorisations cease
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	Variation, suspension and cancellation of authorisations at holder’s request
11.120	Applicability of this Subpart
11.125	Application of Subpart 11.B to variation of authorisation
11.130	Suspension or cancellation of authorisation at holder’s request
Subpart 11.E	Time-limited authorisations
11.135	Applicability of this Subpart
11.140	Continuation of authorisation until application decided
11.145	Application of Subpart 11.B
11.150	Conditions on new authorisation
Subpart 11.F	Exemptions from provisions of CASR
Division 11.F.1	Grant of standard exemptions
11.155	Applicability of this 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	Applicability of this Division
11.185	Exemptions in exceptional circumstances
11.190	Application
11.195	Consideration by CASA
Division 11.F.3	Exemptions generally
11.200	Applicability of this Division
11.205	Conditions
11.210	Offence: failure to comply with condition
11.215	Exemptions to be disallowable
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	Applicability of this 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	Applicability
11.270	Definition — MOS
11.275	Notice of intention to issue Manual of Standards not required in certain circumstances
11.280	Notice of intention to issue Manual of Standards
11.285	Comments on draft Manual of Standards
11.290	CASA to consider comments on draft Manual of Standards
11.295	Failure to comply with procedures not to affect validity of Manual of Standards
Subpart 11.A	Preliminary
11.005	Applicability of this Part
		This Part applies:
	(a)	to CASA in its administration of authorisations, exemptions, directions, delegations and Manuals of Standards under CASR; and
	(b)	generally in relation to applications for authorisations and exemptions, and conditions of authorisations and exemptions under CASR.
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, licences, ratings, certificates, endorsements and qualifications (collectively called authorisations) granted under CASR.
	(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.
	(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 CASR.
	(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 CASR.
	(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)	an authorisation, licence, certificate, rating, endorsement or qualification capable of being granted to a person by CASA under CASR; or
	(b)	an approval, capable of being granted to a person by CASA under CASR, to provide a service.
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 CASR, ceases after a particular period; or
	(b)	an authorisation granted by CASA for a specified period.
Subpart 11.B	Applications
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 this Subpart to authorised representatives
		If CASR allows an application for an authorisation to be made to an authorised representative, a reference in this Subpart to CASA includes, in relation to such an application, an authorised representative to whom such an 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
	(b)	it includes all the information required by CASR; and
	(c)	it is accompanied by every document required by CASR; and
	(d)	if a fee is payable for the application — that fee has been paid.
Note   It is an offence to make a false statement in, or supply a false or misleading document with, an application — see the Criminal Code, sections 137.1 and 137.2.
	(2)	If another provision of CASR requires a holder of an authorisation to have an approved or accepted 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.
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 or matters referred to in paragraph 11.055 (1) (a), (b), (c) or (d), CASA may by written notice ask the applicant to:
	(a)	undertake a test or tests 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)	The time of interview and the CASA office specified in a notice under paragraph (2) (b) must be reasonable in the circumstances.
	(4)	In the case of an applicant that is a corporation, CASA may by written notice ask the applicant to have a specified officer or officers of the applicant do anything mentioned in paragraph (2) (a) or (b).
	(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 (4).
	(6)	However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers.
11.040	Other things CASA can ask applicant to do — provide more information
	(1)	If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request.
	(2)	CASA may ask an applicant to provide evidence as to the applicant’s financial standing and financial capacity if there would be likely to be an adverse effect on the safety of air navigation if the applicant were granted the authorisation applied for and either did not have the resources to carry out the functions of the authorisation or were afterwards unable to continue trading.
11.045	Other things CASA can ask applicant to do — demonstrate a service or facility
		If another provision of CASR says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice require 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 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).
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 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)	If the applicant makes such a submission within the specified time, CASA must take the submission into account.
	(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 CAR or 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 CAR or 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.
11.055	Grant of authorisation
	(1)	Subject to section 30A and paragraphs 30DY (2) (b), 30DZ (2) (b) and 30EC (2) (b) of the Act, if a person has applied for the grant of an authorisation in accordance with CASR, CASA must grant the authorisation if:
	(a)	the person meets the criteria specified in CASR for the grant of the authorisation; and
	(b)	any other requirements in relation to the person specified in CASR for the grant of the authorisation are met; and
	(c)	CASR does not forbid CASA granting the authorisation in the particular case; and
	(d)	granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.
Note   Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order has the effect that the person may not hold a civil aviation authorisation to undertake the activity while the order is in force.
	(2)	In paragraph (1) (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 CASR for the grant of the authorisation; and
	(b)	having any experience required by or under CASR for that grant; and
	(c)	having successfully completed any training required by or under CASR 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 CASR 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 CASR for that grant — having those attributes; and
	(g)	if a standard of proficiency in an activity is required by or under CASR for that grant — meeting that standard of proficiency.
	(3)	If CASR limits 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)	In deciding whether granting an authorisation to an applicant would be likely to have an adverse effect on the safety of air navigation, 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, CASR or CAR; 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.
	(8)	CASA may grant an authorisation subject to:
	(a)	any conditions applicable to the authorisation under CASR; and
	(b)	any other condition necessary in the interests of the safety of air navigation.
Note 1   The Act directly authorises the imposition of conditions on an AOC (Act, sections 28BA and 28BB).
Note 2   The conditions applicable to an authorisation may be set out in a document called an Operational Specification that forms part of the authorisation document.
11.060	Notice of decision
	(1)	After making a decision on an application, CASA must:
	(a)	if the decision was to grant the authorisation applied for, and not to impose any condition not sought by the applicant:
	(i)	send or give to the applicant a document that is evidence that the applicant holds the authorisation; or
	(ii)	if there is no such document, tell the applicant in writing that the applicant has been approved; or
	(b)	if the decision was to refuse to grant the authorisation, or to impose a condition not sought by the applicant — tell the applicant in writing, as soon as practicable, of the decision, and the reasons for it.
Note   Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal — see section 31 of the Act, regulation 297A of CAR and regulation 201.004. 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 failure by CASA to comply with 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 paragraph 11.060 (1) (b); 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.
11.070	Conditions of authorisations — notice to CASA of certain matters
	(1)	It is a condition of an authorisation that its holder tells CASA in writing of a change of any of the following kinds within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change:
	(a)	the holder changes his, her or its name;
	(b)	the holder changes any address that CASA has required to be stated in the application for the authorisation;
	(c)	in the case of a probity-critical authorisation — subject to Part VIIC of the Crimes Act 1914, the holder is convicted of a probity offence;
	(d)	in the case of a drug-critical authorisation — subject to Part VIIC of the Crimes Act 1914, the holder is convicted of a psychoactive substance offence.
Note 1   It may also be an offence for an authorisation holder to fail to tell CASA of a change of name or address — see regulations 201.005 and 201.015.
Note 2   For drug-critical authorisation, probity-critical authorisation, probity offence, and psychoactive substance offence, and the extended meaning of convicted, see the Dictionary.
	(2)	It is a condition of an authorisation upon which is noted the nationality of its holder that the holder tells CASA in writing of a change of his or her nationality within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change.
Note   The holder’s nationality is noted on a flight crew licence and an AME licence. This requirement is imposed by ICAO. It may also be an offence for the holder to fail to tell CASA of the change — see regulation 201.010.
	(3)	It is a condition of an authorisation used in connection with an aviation-related activity of a business that its holder tells CASA in writing of a change of any of the following kinds within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change:
	(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 holder ceases to be entitled to occupy the premises from which the holder carries on the business;
	(c)	the holder ceases temporarily or permanently to carry on the business;
	(d)	if the holder is an individual, the holder:
	(i)	is declared bankrupt, enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966 or applies to take the benefit of any other law for the protection of debtors; or
	(ii)	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;
	(e)	if the holder is a member of a partnership, an event mentioned in subparagraph (d) (i) or (ii) happens to any of the members;
	(f)	if the holder is a corporation:
	(i)	the holder becomes an externally-administered body corporate (within the meaning given by section 9 of the Corporations Act 2001) or applies to take the benefit of any other law for the protection of insolvent corporations; or
	(ii)	an event mentioned in subparagraph (d) (i) or (ii) happens to any of the holder’s key personnel.
Note   It may also be an offence for an authorisation holder to fail to tell CASA of a change of name or address — see regulations 201.005 and 201.015.
	(4)	It is a condition of an authorisation held by an individual that its holder’s personal representative tells CASA in writing within a reasonable period if the holder dies.
	(5)	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 tells CASA in writing within a reasonable period.
	(6)	It is a condition of an authorisation held by a corporation that, if the holder is placed in liquidation, the liquidator tells CASA in writing within 14 days.
	(7)	It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member tells CASA in writing within 14 days.
Note   Regulation number 11.075 is reserved for future use.
11.080	When authorisations cease
	(1)	An authorisation held by an individual ceases if the holder dies.
	(2)	An authorisation held by a corporation ceases if the corporation is dissolved.
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)	CASA must issue to the holder of such an authorisation a document that complies 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)	CASA must issue to the holder of such an authorisation a document that complies 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)	CASA must issue to the holder of such an authorisation a document that sets 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 CASR 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	Variation, suspension and cancellation of authorisations at holder’s request
11.120	Applicability of this Subpart
	(1)	This Subpart applies in relation to the variation of an authorisation (including imposing, removing or varying a condition applicable to the authorisation) at the request of the holder.
	(2)	This Subpart also applies in relation to suspension or cancellation of an authorisation at the request of the holder.
Note   See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons.
11.125	Application of Subpart 11.B to variation of authorisation
	(1)	Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an 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)	If CASR allows an application for an authorisation to be made to an authorised representative, a reference in Subpart 11.B (as applied by this Subpart) to CASA includes, in relation to such an application, an authorised representative to whom such an application is made.
11.130	Suspension or cancellation of authorisation at holder’s request
	(1)	CASA must suspend or cancel an authorisation, by written notice to the holder, if the holder asks CASA to suspend or cancel the authorisation.
	(2)	Suspension or cancellation under this Subpart has effect:
	(a)	at the time the holder specifies 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 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.
Note   See Part 13 in relation to suspension or cancellation of an authorisation otherwise than at the holder’s request.
Subpart 11.E	Time-limited authorisations
11.135	Applicability of this Subpart
		This Subpart applies in relation 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 CASR; 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 CASR 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 CASR, 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 Subpart 11.B
	(1)	Subpart 11.B applies 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 CASR allows an application for an authorisation to be made to an authorised representative, a reference in Subpart 11.B or this Subpart to CASA includes, in relation to an application referred to in paragraph 11.140 (1) (a), an authorised representative to whom such an application is made.
11.150	Conditions on new authorisation
		Unless another provision of CASR 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 CASR
Division 11.F.1	Grant of standard exemptions
11.155	Applicability of this Division
		This Division applies to the granting of exemptions, for particular purposes, from particular requirements of CASR.
Note   Division 11.F.2 provides separately for exemptions in exceptional circumstances such as natural disasters.
11.160	What exemptions can be granted under this Division
	(1)	CASA may, by instrument, grant an exemption under this Division from compliance with a provision of CASR.
	(2)	CASA may grant an exemption under this Division to a person, or to a class of person, 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.
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 CASR; 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	Applicability of this Division
		This Division applies in relation to the granting of exemptions in certain exceptional circumstances.
11.185	Exemptions in exceptional circumstances
	(1)	In exceptional circumstances, CASA may, on its own initiative or on application, by instrument grant an exemption from any provision of CASR.
	(2)	In subregulation (1):
exceptional circumstances means the circumstances of a major natural disaster, or some other large-scale emergency, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with CASR.
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.
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	Applicability of this Division
		This Division applies in relation to all 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.
11.215	Exemptions to be disallowable
		An instrument granting an exemption under this Subpart is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
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.
Note   Notification of the granting of an exemption must also be published in the Gazette. The instrument must also be tabled in both Houses of the Parliament within 15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation Act 1901.
	(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 World Wide Web details (including any condition) of an exemption under this Subpart.
Note 1   The URL for CASA’s web site is http://www.casa.gov.au.
Note 2   Notification of the granting of an exemption must also be published in the Gazette. The instrument must also be tabled in both Houses of the Parliament within 15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation Act 1901.
11.230	When exemptions cease
	(1)	An exemption under Division 11.F.1 ceases:
	(a)	at the end of the day (no longer than 2 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 — 2 years after it commences.
	(2)	An exemption under Division 11.F.2 ceases:
	(a)	at the end of the day (no longer than 6 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 — 6 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.
Note   An exemption is a disallowable instrument and therefore commences in accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See generally section 48 of that Act.
11.235	Exemptions not transferable
		An exemption under this Subpart is not transferable.
Subpart 11.G	Directions
11.240	Applicability of this Subpart
		This Subpart provides for the issue by CASA of temporary directions in relation to matters affecting the safety of air navigation.
11.245	CASA may issue directions
	(1)	CASA may issue, by instrument, a direction about any matter affecting the safe navigation and operation, or the maintenance, of aircraft.
Note 1   A direction is a disallowable instrument — see subsections 98 (5A) and (5B) of the Act and section 46A of the Acts Interpretation Act 1901. The making of a direction must be notified in the Gazette.
Note 2   The power to issue a direction must be exercised by the Director personally — see subregulation 11.260 (2).
Note 3   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 it is reasonably necessary to do so in the interests of the safe navigation and operation, or the maintenance, of aircraft; 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 ceases to be in force:
	(a)	if it specifies a day (not longer than 1 year after the day on which it commences) 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.
Note   A direction is a disallowable instrument and therefore commences in accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See generally section 48 of that Act.
11.255	Contravention of direction
	(1)	A person must not contravene a direction 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 instrument, delegate to a person CASA’s powers and functions under CASR.
	(2)	However, the following powers of CASA must be exercised by the Director personally:
	(a)	the power to issue a direction under Subpart 11.G;
	(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 subregulation (1).
Subpart 11.J	Manuals of Standards — procedures
11.265	Applicability
	(1)	This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards.
	(2)	The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as to the issue of a MOS.
	(3)	This Subpart applies whether or not the relevant MOS is a disallowable instrument.
Note 1   Manuals of Standards are documents which support CASR by providing detailed technical material, such as technical specifications or standards. See generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.
Note 2   Manuals of Standards for Parts 65, 143, 171 and 172, and Subpart 139.H, of CASR are disallowable instruments.
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 World Wide Web 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 World Wide Web 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 World Wide Web.
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)	For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 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.
[6]	Regulation 21.002E, heading
substitute
21.002E	Cancellation of certain certificates
[7]	Subregulation 21.002E (1)
omit
[8]	Subregulation 21.002E (2)
omit
under this regulation,
insert
under regulation 11.130,
[9]	Subregulation 21.002E (4)
omit
[10]	Regulation 65.033
omit
CASA may issue
insert
	(1)	CASA may issue
[11]	Regulation 65.033
after the note, insert
	(2)	CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.
Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
[12]	Regulations 65.033A to 65.033H
omit
[13]	Regulation 139.712
omit
CASA may issue
insert
	(1)	CASA may issue
[14]	Regulation 139.712
after the note, insert
	(2)	CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ARFFS provider.
Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
[15]	Regulations 139.712A to 139.712H
omit
[16]	Regulation 143.017
omit
CASA may issue
insert
	(1)	CASA may issue
[17]	Regulation 143.017
after the note, insert
	(2)	CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS training provider.
Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
[18]	Regulations 143.017A to 143.017H
omit
[19]	Regulation 171.017
omit
CASA may issue
insert
	(1)	CASA may issue
[20]	Regulation 171.017
after the note, insert
	(2)	CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each service provider.
Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
[21]	Regulations 171.017A to 171.017H
omit
[22]	Regulation 172.022
omit
CASA may issue
insert
	(1)	CASA may issue
[23]	Regulation 172.022
after the note, insert
	(2)	CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.
Note   Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
[24]	Regulations 172.022A to 172.022H
omit
[25]	Regulation 201.002
omit
[26]	After regulation 201.004
insert
201.005	Notice of change of name or trading name
	(1)	In this regulation:
authorisation has the same meaning as in Part 11.
	(2)	A person is guilty of an offence if the person:
	(a)	is the holder of an authorisation; and
	(b)	changes his, her or its name; and
	(c)	does not tell CASA in writing of the change within 14 days.
Penalty:   5 penalty units.
Note   Giving notice of a change of name is also a condition of the authorisation — see regulation 11.070.
	(3)	A person is guilty of an offence if the person:
	(a)	is the holder of an authorisation; and
	(b)	uses the authorisation in connection with an aviation-related activity of a business; and
	(c)	carries on the business under a name that is registered as a trading or business name under the law of a State or Territory; and
	(d)	changes that name, ceases to use that name, or begins to use another name; and
	(e)	does not tell CASA in writing of the change within 14 days.
Penalty:   5 penalty units.
	(4)	Strict liability applies to paragraphs (2) (c) and (3) (e).
201.010	Notice of change of nationality
	(1)	In this regulation:
authorisation has the same meaning as in Part 11.
	(2)	A person is guilty of 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 14 days.
Penalty:   5 penalty units.
Note   Giving notice of a change of nationality is also a condition of the authorisation — see regulation 11.070.
	(3)	Strict liability applies to paragraph (2) (c).
201.015	Notice of change of address etc
	(1)	In this regulation:
authorisation has the same meaning as in Part 11.
	(2)	A person is guilty of an offence if:
	(a)	the person is the holder of an authorisation; and
	(b)	the person changes:
	(i)	in the case of a holder who is an individual — his or her residential address; or
	(ii)	in the case of a holder that is a corporation — the address of its registered office; or
	(iii)	if the holder has told CASA of an address to which notices may be sent — that address; and
	(c)	the person does not tell CASA in writing of the change within 14 days.
Penalty:   5 penalty units.
Note   Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.
	(3)	A person is guilty of 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)	the person changes:
	(i)	in the case of a holder that is a corporation — the address of its registered office; or
	(ii)	his or her place of business; and
	(d)	the person does not tell CASA in writing of the change within 7 days.
Penalty:   5 penalty units.
Note   Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.
	(4)	Strict liability applies to paragraphs (2) (c) and (3) (d).
201.020	Service of documents
		Service may be effected on CASA at its principal office at:
		CASA Building
		Corner Northbourne Avenue and Barry Drive
		Canberra City, Australian Capital Territory.
[27]	Subpart 202.AD
substitute
Subpart 202.AD	Transitional provisions for Part 11 (Regulatory administrative procedures)
202.010	Continuation of certain existing delegations
	(1)	Despite any amendment of regulation 7 of CAR that has the effect of preventing any delegation under it of a power or function under CASR, a delegation, under that regulation, of such a power or function continues to have effect according to its terms (including any condition imposed on such a delegation).
	(2)	Despite any repeal of regulation 201.002, a delegation made under that regulation continues to have effect according to its terms (including any condition imposed on such a delegation).
	(3)	A delegation referred to in subregulation (1) or (2) continues to be subject to any direction given by the Director under subregulation 7 (3) of CAR, or subregulation 201.002 (3), as the case may be.
	(4)	Subregulation (1) does not prevent the revocation of a delegation referred to in that subregulation.
	(5)	Subregulation (2) does not prevent the revocation of a delegation referred to in that subregulation.
202.011	Continuation of certain exemptions
	(1)	Despite anything in Subpart 11.F, an exemption from compliance with a provision of CASR issued under regulation 308 of CAR continues to have effect according to its terms.
	(2)	Such an exemption may be revoked under regulation 308 as if that regulation continued to permit it to be made.
202.012	Consultation on certain Manuals of Standards
	(1)	In this regulation:
MOS has the same meaning as in Subpart 11.J.
	(2)	If before this regulation commenced CASA had undertaken consultation on a MOS, being consultation that would have satisfied the requirements of Subpart 11.J if that Subpart had been in force, that Subpart does not require CASA to repeat that consultation.
[28]	Subregulation 202.320 (2)
after
regulations 65.033A, 65.033B and 65.033C
insert
(as in force on 1 May 2003)
[29]	Subregulation 202.710 (2)
after
regulations 139.712A, 139.712B and 139.712C
insert
(as in force on 1 May 2003)
[30]	Subregulation 202.760 (2)
after
regulations 143.017A, 143.017B and 143.017C
insert
(as in force on 1 May 2003)
[31]	Subregulation 202.880 (2)
after
regulations 171.017A, 171.017B and 171.017C
insert
(as in force on 1 May 2003)
[32]	Subregulation 202.900 (2)
after
regulations 172.022A, 172.022B and 172.022C
insert
(as in force on 1 May 2003)
[33]	Dictionary, Part 1
insert the following definitions in the appropriate alphabetical positions (determined on a letter-by-letter basis)
charged with an offence — see clause 25 of Part 2 of this Dictionary.
convicted of an offence — see clause 35 of Part 2 of this Dictionary.
drug-critical authorisation means an authorisation that is declared by another provision of these Regulations to be a drug‑critical authorisation.
expiation notice, in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution.
probity-critical authorisation means an authorisation that is declared by another provision of these Regulations to be a probity-critical authorisation.
probity offence means an offence the substance of which is:
	(a)	the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or
	(b)	the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code) of a person exercising an official function during the performance of that function; or
	(c)	fraudulent conduct (within the meaning of Part 7.3 of the Criminal Code);
whether under the law of the Commonwealth, a State, a Territory or another country.
psychoactive substance — see clause 60 of Part 2 of this Dictionary.
psychoactive substance offence means an offence:
	(a)	of which an element is the possession, use or excessive use of a psychoactive substance; or
	(b)	of which the substance is importing, or trafficking in, a psychoactive substance; or
	(c)	of which an element is being under the influence of a psychoactive substance; or
	(d)	of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or
	(e)	the substance of which is refusal to provide a blood, breath or urine sample for analysis; or
	(f)	of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e).
Note   Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine, or caffeine-containing confectionery — see Part 2 of this Dictionary.
[34]	Dictionary, Part 2
substitute
Part 2	Interpretation of certain expressions not defined in Part 1
25	Extended meaning of charged with in relation to certain offences
	(1)	In these Regulations:
charged with has, in addition to its ordinary meaning, the meaning given by subclause (2).
	(2)	For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if:
	(a)	a law provides for the issue, in relation to the offence, of an expiation notice; and
	(b)	such a notice is issued to the person in relation to the offence.
35	Extended meaning of convicted
	(1)	In these Regulations:
convicted has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).
	(2)	For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:
	(a)	the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or
	(b)	the person has been found guilty of the offence but discharged without conviction.
	(3)	In addition, a person is taken to have been convicted of a psychoactive substance offence if:
	(a)	a law provides for the issue, in relation to the offence, of an expiation notice; and
	(b)	such a notice was issued to the person in relation to the offence; and
	(c)	the person paid the penalty required by the notice.
	(4)	However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.
60	Meaning of psychoactive substance
	(1)	In these Regulations:
psychoactive substance has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.
Note   The definition in that Annex is:
Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.
	(2)	To avoid doubt, in these Regulations:
psychoactive substance:
	(a)	includes:
	(i)	a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and
	(ii)	a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but
	(b)	does not include:
	(i)	tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine or guarana; or
	(ii)	confectionery containing caffeine or guarana.
	(3)	In paragraph (a) of the definition of psychoactive substance in subclause (2):
therapeutic substance means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989.
Part 2	Amendments relating to ‘internal tables of provisions’
[35]	Guide, paragraph 57
substitute
57.	Each Part also contains a table of the Subparts, Divisions and regulations in the Part. That table is in the form of a note immediately after the Part heading.
[36]	Part 1, after the heading
insert
Note   This Part is made up as follows:
1.001	Name of Regulations
1.003	Harmonisation with FARs
1.004	Dictionary
1.005	Appendixes
1.006	Status of lists of contents of Parts
1.007	Status of notes
1.008	Inconsistency between MOS and Act or Regulations
[37]	Regulation 1.000
omit
[38]	Regulation 1.006
substitute
1.006	Status of lists of contents of Parts
	(1)	A Part of these Regulations may contain a list of the Subparts, Divisions and regulations in the Part, headed ‘Note   This Part is made up as follows:’.
	(2)	Such a list is not part of these Regulations, but is for convenience of reference only.
	(3)	Such a list may be added to or edited in any published version of these Regulations.
[39]	Part 21, after the heading
insert
Note   This Part is made up as follows:
Subpart 21.A	General
21.001	Applicability
21.001A	Definition for Subpart
21.002A	Requests for information
21.002B	Applicants to be told about decisions
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	Aeroplane or rotorcraft flight manual
Subpart 21.B	Type certificates and type acceptance certificates
21.011	Applicability
21.012	Recognised foreign countries
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 NAA of recognised country
21.029A	Type acceptance certificate for imported aircraft certificated by NAA 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	Transferability
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
21.079	Transferability
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	Applicable requirements
21.117	Entitlement to supplemental type certificates
21.118	Duration, suspension and cancellation of supplemental type certificates
21.119	Duration, suspension and cancellation of foreign 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	Product design
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
21.155	Transferability
21.157	Inspections and tests
21.159	Duration
21.161	Display
21.163	Privileges
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
21.173	Eligibility
21.175	Certificates of airworthiness: classification
21.176	Issue of certain certificates of airworthiness
21.179	Transferability
21.181	Duration of certain certificates of airworthiness
21.182	Aircraft manufacturer’s data plate
21.183	Standard certificates of airworthiness
21.184	Special certificates of airworthiness for primary category aircraft
21.184A	Special certificates of airworthiness for intermediate category aircraft
21.185	Certificates of airworthiness for restricted category aircraft
21.187	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 of experimental certificates
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	Duration 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	Delegation option authorisation procedures
21.231	Applicability
21.235	Application
21.239	Eligibility
21.243	Duration
21.245	Maintenance of eligibility
21.247	Transferability
21.249	Inspections
21.251	Use of delegation option authorisation
21.253	Type certificates: application
21.257	Type certificates: issue
21.261	Equivalent safety provisions
21.267	Production certificates
21.269	Export airworthiness approvals
21.271	Authorised release certificates — criteria for issue
21.273	Certificates of airworthiness
21.275	Experimental certificates
21.277	Data review and service experience
21.289	Major repairs, rebuilding and alteration
21.293	Records to be kept by a manufacturer under a delegation option authorisation
Subpart 21.K	Approval of materials, parts, processes and appliances
21.301	Applicability
21.303	Replacement and modification parts
21.304	Conditions of an APMA
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
21.337	Performance of inspections and overhauls
21.339	Export airworthiness approval for aircraft
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	Transferability and 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
[40]	Regulation 21.000
omit
[41]	Part 22, after the heading
insert
Note   This Part is made up as follows:
22.001	Airworthiness standards
22.002	Incidental provisions
22.003	Changes to JAR-22 (Sailplanes and Powered Sailplanes)
22.004	Changes to Section E of the British Civil Airworthiness Requirements
22.005	Changes to the Airworthiness Requirements for Sailplanes and Powered Sailplanes
22.006	Approvals under JAR-22 (Sailplanes and Powered Sailplanes)
22.007	Approvals under Section E of the British Civil Airworthiness Requirements
22.008	Approvals under the Airworthiness Requirements for Sailplanes and Powered Sailplanes
22.009	Approvals under OSTIV Airworthiness Standards for Sailplanes
[42]	Regulation 22.000
omit
[43]	Part 23, after the heading
insert
Note   This Part is made up as follows:
23.001	Airworthiness standards
23.002	Incidental provisions
23.003	Changes to Part 23 of the FARs
23.004	Changes to JAR-VLA
23.005	Changes to JAR-23
23.006	Approvals under Part 23 of the FARs
23.007	Approvals under JAR-VLA
23.008	Approvals under JAR-23
[44]	Regulation 23.000
omit
[45]	Part 25, after the heading
insert
Note   This Part is made up as follows:
Subpart 25.A	General
25.001	Airworthiness standards
25.002	Incidental provisions
Subpart 25.B	Changes to FARs and JAR-25
25.003	Changes to Part 25 of the FARs
25.004	Changes to JAR-25
25.005	Approvals under Part 25 of the FARs
25.006	Approvals under JAR-25
Subpart 25.C	Airworthiness standards directed by ICAO
25.011	What this Subpart does
25.013	Least-risk bomb location
[46]	Regulation 25.000
omit
[47]	Part 26, after the heading
insert
Note   This Part is made up as follows:
26.001	Airworthiness standards
26.002	Incidental provisions
[48]	Regulation 26.000
omit
[49]	Part 27, after the heading
insert
Note   This Part is made up as follows:
27.001	Airworthiness standards
27.002	Incidental provisions
27.003	Changes to Part 27 of the FARs
27.004	Approvals under Part 27 of the FARs
[50]	Regulation 27.000
omit
[51]	Part 29, after the heading
insert
Note   This Part is made up as follows:
29.001	Airworthiness standards
29.002	Incidental provisions
29.003	Changes to Part 29 of the FARs
29.004	Approvals under Part 29 of the FARs
[52]	Regulation 29.000
omit
[53]	Part 31, after the heading
insert
Note   This Part is made up as follows:
31.001	Airworthiness standards
31.002	Incidental provisions
[54]	Regulation 31.000
omit
[55]	Part 32, after the heading
insert
Note   This Part is made up as follows:
32.001	Airworthiness standards
32.002	Incidental provisions
32.003	Changes to Subpart H of JAR-22
32.004	Approvals under Subpart H of JAR-22
[56]	Regulation 32.000
omit
[57]	Part 33, after the heading
insert
Note   This Part is made up as follows:
33.001	Airworthiness standards
33.002	Incidental provisions
33.003	Changes to Part 33 of the FARs
33.004	Approvals under Part 33 of the FARs
[58]	Regulation 33.000
omit
[59]	Part 35, after the heading
insert
Note   This Part is made up as follows:
35.001	Airworthiness standards
35.002	Incidental provisions
35.003	Changes to Part 35 of the FARs
35.004	Approvals under Part 35 of the FARs
[60]	Regulation 35.000
omit
[61]	Part 39, after the heading
insert
Note   This Part is made up as follows:
39.001	CASA may issue airworthiness directives
39.002	Aircraft etc covered by AD
39.003	Australian aircraft covered by AD etc not to be operated
39.004	Aircraft etc excluded from operation of AD on adoption of alternative method for correcting unsafe condition
39.005	Aircraft etc excluded from operation of AD because unsafe condition has ceased to exist
39.006	Request for review of operation of AD
39.007	Action to be taken by CASA on receiving request under regulation 39.6
[62]	Regulation 39.000
omit
[63]	Part 45, after the heading
insert
Note   This Part is made up as follows:
Subpart 45.A	General
45.005	Applicability of this Part
Subpart 45.B	Australian nationality and registration markings
Division 45.B.1	General rules
45.010	Applicability of this Subpart
45.015	Australian nationality mark
45.020	Registration mark
45.025	Meaning of markings and set of markings
45.030	Meaning of character
45.035	Requirement for aircraft to bear its markings
45.040	Markings not to be obscured
45.045	Number and location of sets of markings — fixed-wing aircraft
45.050	Number and location of sets of markings — rotorcraft
45.055	Number and location of sets of markings — airships
45.060	Number and location of sets of markings — manned free balloons
45.065	Minimum height of characters
45.070	Minimum width of characters
45.075	Size of hyphens
45.080	Minimum spacing of characters
45.085	How markings to be marked on aircraft
45.090	No confusing markings to be on aircraft
Division 45.B.2	Exemptions from general rules
45.095	Exhibition aircraft
45.100	Antique, experimental and ex-military aircraft
45.105	Aircraft with special configuration
45.110	Australian aircraft used by Defence Force
Division 45.B.3	Removal of markings
45.115	Removal of markings from sold aircraft
Subpart 45.C	Certain aircraft to bear words
45.120	Applicability of this Subpart
45.125	Requirement to bear certain words
45.130	Exemption for exhibition aircraft
Subpart 45.D	Aircraft registration identification plates
45.135	Applicability of this Subpart
45.140	What an aircraft registration identification plate is
45.145	Aircraft must carry aircraft registration identification plate
45.150	How and where aircraft registration identification plate is to be attached to aircraft
45.155	Removal or alteration of aircraft registration identification plates
45.160	Attachment of aircraft registration identification plate from another aircraft
Subpart 45.E	Marks on foreign registered aircraft operating in Australian territory
45.165	Applicability of this Subpart
45.170	Marks to be on foreign registered aircraft in Australian territory
[64]	Regulation 45.000
omit
[65]	Part 60, after the heading
insert
Note   This Part is made up as follows:
Subpart 60.A	Preliminary
60.005	Applicability
60.010	Definitions for Part 60
Subpart 60.B	Flight simulators and flight training devices
60.015	Definitions for Subpart 60.B
60.020	Qualification levels
60.025	Application for flight simulator qualification or flight training device qualification
60.030	Initial evaluation and qualification
60.035	Issue of flight simulator qualification certificate or flight training device qualification certificate
60.040	Period of validity of flight simulator qualification or flight training device qualification
60.045	Recurrent evaluation of qualified flight simulator or qualified flight training device
60.050	Variation, cancellation or suspension of flight simulator qualification or flight training device qualification
60.055	Flight simulator or flight training device approvals
60.060	Quality system
60.065	Ongoing fidelity requirements
60.070	Modification of qualified flight simulator or qualified flight training devices
60.075	Change in qualification level of qualified flight simulator or qualified flight training device
60.080	Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device
60.085	Change of operator of qualified flight simulator or qualified flight training device
60.090	Evaluation teams
60.095	Records
Subpart 60.C	Basic instrument flight trainers
[66]	Regulation 60.000
omit
[67]	Part 65, after the heading
insert
Note   This Part is made up as follows:
Subpart 65.A	General
65.005	Applicability of this Part
65.010	Definitions for this Part
65.015	Meaning of successful completion of training
65.020	Effect of ATS provider’s failure to comply with this Part
65.025	How to satisfy recency requirement
65.030	How to satisfy currency requirement
65.033	Issue of Manual of Standards
Subpart 65.B	Authority to act in air traffic control and flight service
65.035	Authority to carry out air traffic control function
65.040	Rules applicable when a person performs ATC function under supervision
65.045	Offences — carrying out ATC function without authority
65.050	Authority to carry out flight service function
65.055	Rules applicable when a person performs flight service function under supervision
65.060	Offences — carrying out flight service function without authority
65.065	Authority to use ground-based radio equipment
Subpart 65.C	Licensing
Division 65.C.1	Air traffic controller licensing
65.070	Eligibility for grant of ATC licence
65.075	Air traffic controller ratings
65.080	Grant of rating on ATC licence
65.085	Grant of endorsement on ATC licences
65.090	ATS provider’s obligation to provide currency and recency training and assessment
65.095	Ancillary qualifications
65.100	Conduct of practical training
65.105	Conduct of examinations
65.110	Duration of ATC licence
65.115	Periods of validity of ratings and endorsements
65.120	Periods of validity of ATC qualifications
Division 65.C.2	Flight service officer licensing
65.125	Eligibility for grant of flight service licence
65.130	Flight service ratings
65.135	Maintenance of ratings on flight service licence
65.140	Endorsements on flight service licences
65.145	Ancillary qualifications
65.150	Conduct of training
65.155	Conduct of examinations
65.160	Duration of flight service licence
65.165	Periods of validity of rating and endorsement
65.170	Period of validity of flight service qualification
Subpart 65.E	Administrative functions
Division 65.E.1	Grant of licences
65.175	Definitions for this Subpart
65.180	How to apply
65.185	Who to apply to
65.190	Application for licence cancelled previously
65.195	Other things CASA can ask individual applicant to do — test or interview
65.200	Other things CASA can ask applicant to do — provide more information
65.205	Statutory declarations to verify applications
65.215	Matters that CASA may or must take into account
65.220	Statutory declarations to verify statements in submissions
65.225	When CASA must grant a licence
65.230	When decision must be made
65.235	Notice of decision
65.240	When licence comes into effect
65.245	Licence document
Division 65.E.2	Ongoing proficiency and medical testing
65.250	Re-examination or re-assessment of licence or qualification holder
Division 65.E.3	Suspension and cancellation of licences
65.255	Provisional suspension of licence pending examination or assessment
65.260	Provisional suspension of licence etc during investigation
65.265	Show cause procedure
65.270	CASA’s powers in respect of licence etc
65.275	Choice between cancellation and suspension
65.280	Procedure for decision
[68]	Regulation 65.000
omit
[69]	Part 101, after the heading
insert
Note   This Part is made up as follows:
Subpart 101.A	Preliminary
101.005	Applicability of this Part
101.010	Application to rocket-powered unmanned aircraft
101.015	Application of registration and marking requirements
101.020	Exemption from certain other provisions of CAR 1988
101.025	Meaning of populous area
101.030	Approval of areas for operation of unmanned aircraft or rockets
101.035	Requirements in this Part to give information to CASA
101.040	Exemptions
101.045	Conditions imposed by CASA or another authority
Subpart 101.B	General prohibition on unsafe operation
101.050	Applicability of this Subpart
101.055	Hazardous operation prohibited
Subpart 101.C	Provisions applicable to unmanned aircraft generally
101.060	Applicability of this Subpart
101.065	Operation in prohibited or restricted area
101.070	Operation in controlled airspace
101.075	Operation near aerodromes
101.080	Permission for operation of unmanned aircraft near aerodrome
101.085	Maximum operating height
101.090	Dropping or discharging of things
101.095	Weather and day limitations
Subpart 101.D	Tethered balloons and kites
101.100	Applicability of this Subpart
101.105	Definitions for Subpart
101.110	Tethered balloons and kites that may be operated outside approved areas
101.115	Mooring-line marking
101.120	Operation of tethered balloon or kite under cloud
101.125	Tethered balloon to be lit at night
101.130	Rapid deflation device required
101.135	What to do if tethered balloon escapes
Subpart 101.E	Unmanned free balloons
101.140	Applicability of this Subpart
101.145	Definitions for Subpart — free balloons
101.150	Definition for Subpart — approved area
101.155	Releasing small balloons
101.160	Light balloons that may be released outside approved areas
101.165	Release of medium and heavy balloons outside approved areas
101.170	Medium and heavy balloons not to be flown low
101.175	Medium and heavy balloons to be flown in clear sky
101.180	How payload must be supported — medium and heavy balloons
101.185	Equipment that must be carried — medium and heavy balloons
101.190	Lighting — medium and heavy balloons
101.195	Marking — free balloons generally
101.200	Marking by day — heavy balloons
101.205	Lighting by night — heavy balloons
101.210	Obligation to stay in communication with ATC — medium and heavy balloons
101.215	Tracking of flight — medium and heavy balloons
101.220	Flight reporting — medium and heavy balloons
101.225	Ending flight and recovery — medium and heavy balloons
101.230	Direction by ATC to end flight in certain circumstances
Subpart 101.F	UAVs
Division 101.F.1	General
101.235	Applicability of this Subpart
101.240	Definitions for Subpart
Division 101.F.2	Operation of UAVs generally
101.245	Operation near people
101.250	Where small UAVs may be operated
101.255	Large UAVs —requirement for certificate
101.260	Maintenance of large UAVs
101.265	Application of s 20AB of the Act to large UAVs
101.270	Requirement for UAV operator’s certificate
101.275	Approval of operation of large UAVs
101.280	UAVs not to be operated over populous areas
101.285	Use of radiotelephone
Division 101.F.3	Certification of UAV controllers
101.290	Application for certification as UAV controller
101.295	Eligibility for certification as UAV controller
101.300	Conditions on certification as UAV controller
101.305	Certification as UAV controller
101.310	How long controller’s certification remains in force
101.315	Notice to certified UAV controller to show cause
101.320	Cancellation of UAV controller’s certification
101.325	Cancellation at request of holder
Division 101.F.4	Certification as UAV operator
101.330	Application for certification as UAV operator
101.335	Eligibility for certification as UAV operator
101.340	Conditions on certification
101.345	Certification
101.350	How long operator’s certification remains in force
101.355	Certification not transferable
101.360	Notice to certified UAV operator to show cause
101.365	Cancellation of UAV operator’s certification
101.370	Cancellation at request of holder
Subpart 101.G	Model aircraft
101.375	Applicability of this Subpart
101.380	Definitions for Subpart
101.385	Visibility for operation of model aircraft
101.390	Operating model aircraft at night
101.395	Keeping model aircraft away from people
101.400	Operation of model aircraft outside approved areas
101.405	Giant model aircraft
101.410	Model flying displays
Subpart 101.H	Rockets
101.415	Applicability of this Subpart
101.420	Application of State and Territory laws about rockets
101.425	Definitions for Subpart
101.430	Launching rocket in or over prohibited or restricted area
101.435	Launching rockets into controlled airspace
101.440	Launching rockets near aerodromes
101.445	Getting permission for launch of rocket near aerodrome
101.450	High power rockets
101.455	Maximum operating height of rockets
101.460	Dropping or discharging of things from rockets
101.465	Weather and day limitations — rockets other than model rockets
101.470	Model rockets
Subpart 101.I	Firework displays
101.475	What this Subpart does
101.480	Application of State and Territory laws about fireworks
101.485	Meaning of operate a firework display
101.490	Certain projectiles prohibited in firework displays
101.495	Firework displays not permitted near aerodromes
101.500	Notice to CASA of certain firework displays
[70]	Regulation 101.000
omit
[71]	Part 139, after the heading
insert
Note   This Part is made up as follows:
Subpart 139.A	General
139.005	Applicability of this Part
139.010	Definitions for this Part
139.015	Standards for aerodromes
139.020	Exemptions
139.025	Access to aerodromes
139.030	Aerodromes with non-precision approach runways to be certified or registered
139.035	No effect on operation of Airports (Building Control) Regulations 1996 etc
Subpart 139.B	Certified aerodromes
Division 139.B.1	Aerodrome certificate
139.040	When an aerodrome certificate is required
139.045	Application for aerodrome certificate
139.050	Grant of aerodrome certificate
139.055	Notice of refusal to grant aerodrome certificate
139.060	Aerodrome certificate may be subject to conditions
139.065	Duration of aerodrome certificate
139.070	Suspension or cancellation by CASA
139.075	Cancellation at request of holder
139.080	Aerodrome certificate not transferable
139.085	Temporary aerodrome certificate
Division 139.B.2	Aerodrome manual
139.090	Preparation and location of aerodrome manual
139.095	Information to be included in aerodrome manual
139.100	Form of aerodrome manual
139.105	Amendments of aerodrome manual
139.110	Notice of amendments
139.115	Aerodrome manual controller
Division 139.B.3	Operation and maintenance of a certified aerodrome
139.120	Care and diligence in operation and maintenance
139.125	Reporting officer
139.130	Works safety officer for aerodrome works other than time-limited works
139.135	Works safety officer for time-limited works
139.140	Training of aerodrome personnel
139.145	Aerodrome manual procedures
139.150	Notice of deviation
139.155	Notice of changes in physical condition etc of aerodrome
139.160	Notice of changes in information published in AIP‑ERSA
139.165	Physical characteristics of movement area
139.170	Aerodrome markings
139.175	Signal area
139.180	Wind direction indicators — general
139.185	Wind direction indicators — requirement for certain runways
139.190	Visual approach slope indicator system
139.195	Lighting of movement area
139.200	Checking of lighting systems
139.205	Aerodrome emergency committee
139.210	Aerodrome emergency plan
139.215	Testing of aerodrome emergency plan
139.220	Aerodrome serviceability inspections
139.225	When aerodrome serviceability inspections must be conducted
139.230	Aerodrome technical inspections
139.235	When aerodrome technical inspections must be conducted etc
139.240	Who may conduct aerodrome technical inspections
139.245	Planning and execution of aerodrome works
139.250	Safety management system
Subpart 139.C	Registered aerodromes
139.255	Definition for this Subpart
139.260	Application for registration of aerodrome
139.265	Registration of aerodromes
139.270	Notice of refusal to register aerodrome
139.275	Register
139.280	Duration of registration
139.285	Cancellation of registration on request
139.290	Suspension or cancellation of registration by CASA
139.295	Applicable standards for registered aerodromes
139.300	Reporting officer
139.305	Notice of changes in physical condition etc of aerodrome
139.310	Notice of changes in information published in AIP‑ERSA
139.315	Safety inspections
139.320	Approval of persons to conduct aerodrome safety inspections
139.325	Duration of approval
139.330	Suspension or cancellation of approval by CASA
Subpart 139.D	Reporting officer and safety inspection requirements for certain other aerodromes
139.335	Aerodromes to which this Subpart applies
139.340	Reporting officer
139.345	Safety inspections
Subpart 139.E	Obstacles and hazards
139.350	Monitoring of airspace
139.355	Establishment of obstacle limitation surfaces
139.360	Notice of obstacles
139.365	Structures 110 metres or more above ground level
139.370	Hazardous objects etc
Subpart 139.F	Aerodrome radio communication services
Division 139.F.1	General
139.375	Aerodrome operators to collect statistics if directed
Division 139.F.2	Frequency confirmation system
139.380	Definitions for Division 139.F.2
139.385	Aerodromes that must have a frequency confirmation system
Division 139.F.3	Air/ground radio service
139.390	Definitions for Division 139.F.3
139.395	Air/ground radio service must be certified
139.400	Direction by CASA to provide CA/GRS
139.405	Voluntary provision of CA/GRS
139.410	Certification of air/ground radio service
139.415	General obligations of aerodrome operator
139.420	When CA/GRS must be operating
139.425	Information about operating hours to be given to NOTAM Office
139.430	Certified air/ground radio operators
139.435	Offences
Subpart 139.H	Aerodrome rescue and fire fighting services
Division 139.H.1	General
139.700	Applicability of this Subpart
139.705	Definitions for this Subpart
139.710	Functions of ARFFS
139.711	Person not to provide service without approval
139.712	Issue of Manual of Standards
139.715	Effect of Manual of Standards
Division 139.H.3	Requirements to be complied with by ARFFS provider
139.750	Requirements in this Division
139.755	Definition for Division — applicable standards and requirements
139.760	Inconsistency between Manual and chapter 9 of Annex 14
139.765	Knowledge, equipment and expertise to deal with aviation hazards
139.770	General obligation to maintain service
139.771	Response time of ARFFS
139.772	Buildings and emergency facilities
139.773	Officer in charge
139.775	Notice about times service is available etc
139.780	Agreements with other fire fighting bodies
139.785	Stock of fire extinguishing agents
139.795	Extinguishing equipment and vehicles
139.800	Other vehicles and equipment
139.805	Vehicles and equipment for firefighting and rescue in difficult environments
139.810	Commissioning of certain equipment
139.815	Protective clothing and equipment
139.820	Communications
139.825	Test and maintenance equipment
139.830	Commissioning of new vehicles and equipment
139.835	Number of operating personnel
139.840	Medical standard of firefighters
139.845	Qualifications and training of firefighters
139.850	Operations manual
139.855	Amendment of operations manual
139.860	Voice data recording
139.865	Record of accidents or incidents
139.870	Contingency plan
139.875	Records management
139.880	Organisation
139.885	System for rectification of service failures
139.890	Quality control
139.895	Change management
139.900	Safety management
139.905	Applicant’s organisation
139.910	Telling users and CASA about changes
Division 139.H.4	Conduct of ARFFS operations
139.915	Powers of officer in charge or firefighter
Division 139.H.5	Administration
139.920	Definition for Division
139.925	How to apply for approval as ARFFS provider
139.930	Who to apply to
139.935	Application for approval when approval cancelled previously
139.940	Other things CASA can ask applicant to do — interview
139.945	Other things CASA can ask applicant to do — provide more information
139.950	Statutory declarations to verify applications
139.955	Matters that CASA may or must take into account
139.960	Statutory declarations to verify statements in submissions
139.965	When CASA must grant approval
139.970	When decision must be made
139.975	Notice of decision
139.980	When approval comes into effect
139.985	Certificate about approval
139.990	Return of certificate if approval cancelled
139.995	Application for variation of approval
139.1000	CASA’s power to vary condition of approval
139.1005	Suspension or continued suspension of approval by show cause notice
139.1010	Grounds for cancellation of approval
139.1015	Notice to approved ARFFS provider to show cause
139.1020	Cancellation of approval after show cause notice
139.1022	Cancellation if holder ceases to provide ARFFS
139.1025	Cancellation at request of approved ARFFS provider
[72]	Regulation 139.000
omit
[73]	Part 143, after the heading
insert
Note   This Part is made up as follows:
Subpart 143.A	General
143.005	Applicability of this Part
143.010	Definitions for this Part
143.015	What is an ATS training provider
143.016	Person not to provide service without approval
143.017	Issue of Manual of Standards
Subpart 143.B	Approval as an ATS training provider
143.020	What an application must be accompanied by
143.025	When applicant is eligible for approval
143.027	CASA may impose conditions on approvals
143.030	Approval subject to conditions
143.035	Approval not transferable
143.040	Certificate under Subpart F
143.045	How long approval remains in force
143.050	Variation of approvals
Subpart 143.C	Requirements to be complied with by ATS training providers
Division 143.C.1	Requirements for training
143.055	Standard for training
143.060	Training plan
Division 143.C.2	Personnel
143.065	Personnel
143.070	Qualifications for certain personnel
Division 143.C.3	Reference materials, documents and records
143.075	Reference materials
143.080	Material to be included in reference materials
143.085	Documents and records
143.090	Document and record control system
Subpart 143.D	Telling CASA about changes
143.095	Advice on organisational changes
143.100	Discontinuing training
143.105	Status as a Registered Training Organisation
Subpart 143.E	Miscellaneous
143.110	Unapproved training
Subpart 143.F	Administration
Division 143.F.1	Preliminary
143.115	Applicability of this Subpart
Division 143.F.2	Approvals
143.120	Joint applications not permitted
143.125	How to apply — application by individual applicant
143.130	How to apply — application by corporation etc
143.135	Who to apply to
143.140	Application for approval cancelled previously
143.145	CASA may require demonstrations of procedures or equipment
143.150	Other things CASA can ask individual applicant to do — interview
143.155	Other things CASA can ask applicant to do — provide more information
143.160	Statutory declarations to verify applications
143.165	Matters that CASA may or must take into account
143.170	Statutory declarations to verify statements in submissions
143.175	When CASA must approve an applicant
143.180	When decision must be made
143.185	Notice of decision
143.190	Certificate about approval
143.192	Cancellation if cooperation or arrangement ceases
143.195	Return of certificate if approval cancelled
Division 143.F.3	Variation of approvals
143.200	Applicability of this Division
143.205	Application for variation
143.210	CASA’s power to vary condition of approval
Division 143.F.4	Suspension and cancellation of approvals
143.215	Definition for this Division
143.220	Suspension of approval by show cause notice
143.225	Grounds for cancellation of approval
143.230	Notice to show cause
143.235	Cancellation of approval after show cause notice
143.240	Cancellation at request of ATS training provider
[74]	Regulation 143.000
omit
[75]	Part 171, after the heading
insert
Note   This Part is made up as follows:
Subpart 171.A	General
171.005	Applicability of this Part
171.010	Interpretation
171.012	Meaning of telecommunication service
171.015	Person not to provide service without approval
171.017	Issue of Manual of Standards
Subpart 171.B	Approval of service providers
171.020	Application
171.025	If applicant is a corporation
Subpart 171.C	Obligations and privileges of service provider
171.030	Service by provider
171.035	Changes by service provider to service
171.040	Changes by service provider to operations manual
171.045	Agreements with other bodies
171.050	Technicians
171.055	Test transmissions
171.060	Post-accident performance inspection
171.065	Interruption to service
171.070	Test equipment
171.075	Documents to be maintained
171.080	Records
171.085	Security program
Subpart 171.D	Contents of operations manual
171.090	Operations manual to contain or refer to information
171.095	Organisation and management of service provider
171.100	Way in which standards are met
171.105	Functional specification and performance values of services
171.110	Technical description
171.115	Safe operation
171.120	Facility operation and maintenance plan
171.125	Safety management system
171.130	Agreements
171.135	Post-accident performance inspection procedure
171.140	Test equipment
171.145	Interruption to service
171.150	Document control
171.155	Security program
171.160	Changes to procedures
Subpart 171.E	Administration
171.165	Joint applications not permitted
171.170	CASA may ask for demonstration of service
171.175	CASA can ask applicant to provide more information
171.180	Matters that CASA may or must take into account
171.185	When CASA must grant an approval
171.190	When decision must be made
171.195	Decision-making period may be extended
171.200	Notice of decision
171.205	Approvals
171.210	When approval comes into effect
171.215	CASA’s power to vary condition of approval
171.220	Suspension and cancellation of approvals
171.225	Notice to approval holder to show cause
171.230	Grounds for cancellation of approval
171.235	Cancellation of approval after show cause notice
171.237	Cancellation if cooperation or arrangement ceases
171.240	Cancellation at request of service provider
171.245	CASA’s power to direct variation of manual
171.250	Certificate
171.255	Return of certificate if approval ceases
[76]	Regulation 171.000
omit
[77]	Part 172, after the heading
insert
Note   This Part is made up as follows:
Subpart 172.A	General
172.005	Applicability of this Part
172.010	Definitions for this Part
172.015	What is an ATS provider
172.020	Providing air traffic service without approval
172.022	Issue of Manual of Standards
Subpart 172.B	Approval as an ATS provider
172.024	Applicant for approval as ATS provider
172.025	What an application must be accompanied by
172.030	When applicant is eligible for approval
172.035	Approval subject to conditions
172.040	Approval not transferable
172.045	Certificate under Subpart F
172.050	How long approval remains in force
172.055	Variation of approvals
Subpart 172.C	Requirements to be complied with by ATS providers
Division 172.C.1	Operations manual
172.060	Operations manual
Division 172.C.2	Air traffic service
172.065	Standards for air traffic service
172.070	Aeronautical telecommunications procedures
172.075	ICAO Doc. 4444 and ICAO Doc. 7030
172.080	Compliance with provider’s operations manual
172.085	Priority of standards
172.090	Priority of inconsistent procedures
Division 172.C.3	Standards for facilities and equipment
172.095	Facilities and equipment
Division 172.C.4	Organisation and personnel
172.100	Definition for this Division
172.105	Organisation
172.110	Personnel
172.115	Supervisory personnel
172.120	Qualifications for certain personnel
Division 172.C.5	Arrangements to maintain service
172.125	Agreements with service providers
172.130	Agreements with aerodrome operators
172.135	Arrangements for transfer of information
Division 172.C.6	Management
172.140	Training and checking program
172.145	Safety management system
172.150	Contingency plan
172.155	Security program
Division 172.C.7	Reference materials, documents, records and log books
172.160	Reference materials
172.165	Documents and records
172.170	Document and record control system
172.175	Logbooks
Division 172.C.8	Notice of air traffic service
172.180	Availability of air traffic service
Subpart 172.D	Telling CASA about changes
172.185	Advice on organisational changes
172.190	Discontinuing air traffic service
Subpart 172.E	Miscellaneous
172.195	ATS provider must not provide unauthorised air traffic service
Subpart 172.F	Administration
Division 172.F.1	Preliminary
172.200	Applicability of this Subpart
Division 172.F.2	Approvals
172.205	Joint applications not permitted
172.210	How to apply — application by individual applicant
172.215	How to apply — application by corporation etc
172.220	Who to apply to
172.225	Application for approval cancelled previously
172.230	CASA may require demonstrations of procedures or equipment
172.235	Other things CASA can ask individual applicant to do — interview
172.240	Other things CASA can ask applicant to do — provide more information
172.245	Statutory declarations to verify applications
172.250	Matters that CASA may or must take into account
172.255	Statutory declarations to verify statements in submissions
172.260	When CASA must approve an applicant
172.265	When decision must be made
172.270	Notice of decision
172.275	Certificate about approval
172.280	Return of certificate if approval cancelled
Division 172.F.3	Variation of approvals
172.285	Applicability of this Division
172.290	Application for variation
172.295	CASA’s power to vary condition of approval
Division 172.F.4	Directions to amend provider’s operations manual
172.300	CASA may direct amendments to provider’s operations manual
Division 172.F.5	Suspension and cancellation of approvals
172.305	Definition for this Division
172.310	Suspension of approval by show cause notice
172.315	Grounds for cancellation of approval
172.320	Notice to show cause
172.325	Cancellation of approval after show cause notice
172.327	Cancellation if cooperation or arrangement ceases
172.330	Cancellation at request of ATS provider
[78]	Regulation 172.000
omit
[79]	Part 173, after the heading
insert
Note   This Part is made up as follows:
Subpart 173.A	General
173.005	Applicability
173.010	Definitions for this Part
173.015	What is a certified designer
173.020	What is a procedure design certificate
173.025	What is an authorised designer
173.030	What is a procedure design authorisation
173.035	Designing terminal instrument flight procedures requires procedure design certificate etc
173.040	Designing instrument flight procedures other than terminal instrument flight procedures
Subpart 173.B	Certified designers
Division 173.B.1   Certification as certified designer
173.045	Applications for procedure design certificates
173.050	Criteria for grant of procedure design certificates
173.055	Procedure design certificate
173.060	Procedure design certificates subject to conditions
173.065	How long procedure design certificate remains in force
173.070	Variation of procedure design certificates
Division 173.B.2   Requirements to be complied with by certified designers
173.075	Certified designer to maintain operations manual
173.080	Compliance with operations manual
173.085	Standards for design of terminal instrument flight procedures etc
173.090	Verification of terminal instrument flight procedures
173.095	Validation of terminal instrument flight procedures
173.100	Publication of terminal instrument flight procedures
173.105	Radio navigation aids
173.110	Maintenance of terminal instrument flight procedures
173.115	Certified designer to provide facilities etc
173.120	Certified designer to have appropriate organisation
173.125	Certified designer to have sufficient personnel
173.130	Supervisory personnel
173.135	Certified designer to appoint chief designer
173.140	Certified designer to provide training and checking program
173.145	Certified designer to have safety management system
173.150	Certified designer to maintain reference materials
173.155	Certified designer to keep documents and records
173.160	Certified designer to have document and record control system
Division 173.B.3   Chief designer
173.165	Approval for appointment of chief designer
173.170	Approval for appointment to act as chief designer
173.175	Appointment likely to have adverse effect on air safety
173.180	Chief designer’s functions and duties
173.185	Duration of approval
173.190	Withdrawal or suspension of approval of appointment
Division 173.B.4   Miscellaneous
173.195	Advice on organisational changes
173.200	Discontinuing design work on terminal instrument flight procedures of a particular type
173.205	Notifying the AIS of a variation to a procedure design certificate
173.210	Discontinuing maintenance of particular terminal instrument flight procedures
173.215	Transfer of maintenance responsibility
Subpart 173.C	Authorised designers
Division 173.C.1   Authorisation as authorised designer
173.220	Applications for procedure design authorisations
173.225	Criteria for grant of procedure design authorisations
173.230	Notice of procedure design authorisation
173.235	Procedure design authorisations subject to conditions
173.240	How long procedure design authorisation remains in force
173.245	Variation of procedure design authorisation
Division 173.C.2   Requirements to be complied with by authorised designers
173.250	Operations manual
173.255	Compliance with operations manual
173.260	Standards for design of terminal instrument flight procedures etc
173.265	Off-shore installations
173.270	Maintenance of terminal instrument flight procedures
173.275	Authorised designer to have sufficient personnel
173.280	Authorised designer to maintain reference materials
173.285	Authorised designer to keep documents and records
173.290	Authorised designer to have document and record control system
Division 173.C.3   Miscellaneous
173.295	Discontinuing design work on terminal instrument flight of a particular type
173.300	Discontinuing maintenance of terminal instrument flight procedures
173.305	Transfer of maintenance responsibility
Subpart 173.D	Performance of design work
173.310	Certified designer not to exceed the limitations of the designer’s procedure design certificate
173.315	Authorised designer not to exceed the limitations of authorisation
Subpart 173.E	Administration
Division 173.E.1   Application for, and grant of, procedure design certificates and procedure design authorisations and related matters
173.320	Request for information
173.325	Other things CASA can ask applicant to do — interview
173.330	CASA may require demonstrations of equipment etc
173.335	Grant of procedure design certificate or procedure design authorisation
173.340	Material that CASA may or must take into account
173.345	CASA may grant certificate or authorisation subject to conditions
173.350	When decision must be made
173.355	Notice of decision
173.360	Return of certificate if procedure design certificate cancelled
Division 173.E.2   Variation of procedure design certificates and procedure design authorisations
173.365	Applicability of this Division
173.370	Application for variation
Division 173.E.3   Directions to amend certified designer’s or authorised designer’s operations manual
173.375	CASA may direct amendments to designer’s operations manual
Division 173.E.4   Suspension and cancellation of procedure design certificates and procedure design authorisations
173.380	Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA
173.385	Cancellation at request of certified designer or authorised designer
Division 173.E.5   Authorised inspectors
173.390	CASA may appoint authorised inspectors
173.395	Identity card
173.400	Powers of authorised inspector
[80]	Regulation 173.000
omit
[81]	Part 200, after the heading
insert
Note   This Part is made up as follows:
Subpart 200.B	Exemption from Regulations
200.001	Hang gliders
200.002	Privately built single-place ultralight aeroplanes
200.003	Single-place gyroplanes with empty weight not over 250 kilograms
200.004	Two-place gyroplanes with empty weight not over 300 kilograms
200.005	Parasails and gyrogliders
200.008	Defence Force aircraft operated by civilian flight crew
200.010	Military aircraft undergoing production or acceptance flight testing
200.013	Weight-shift-controlled aeroplanes and powered parachutes
200.014	Aeroplanes to which section 95.55 of the Civil Aviation Orders applies
Subpart 200.C	Authorisation to fly
200.020	Authorised flight without certificate of airworthiness
[82]	Subpart 200.A
omit
[83]	Part 201, after the heading
insert
Note   This Part is made up as follows:
201.001	Appointment of authorised persons
201.003	Commonwealth and CASA not liable in certain cases
201.004	Review of decisions
201.005	Notice of change of name or trading name
201.010	Notice of change of nationality
201.015	Notice of change of address etc
201.020	Service of documents
[84]	Regulation 201.000
omit
[85]	Part 202, after the heading
insert
Note   This Part is made up as follows:
Subpart 202.AB	Transitional provisions for Part 1 (Preliminary)
Subpart 202.AD	Transitional provisions for Part 11 (Regulatory administrative procedures)
202.010	Continuation of existing delegations
202.011	Continuation of certain exemptions
202.012	Consultation on certain Manuals of Standards
Subpart 202.AF	Transitional provisions for Part 13 (Enforcement)
Subpart 202.AJ	Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)
202.050	Certificates of type approval
202.051	Certificates of airworthiness
202.052	Export certificate of airworthiness
Subpart 202.AK	Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)
Subpart 202.AL	Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)
Subpart 202.AN	Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)
Subpart 202.AO	Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)
Subpart 202.AP	Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)
Subpart 202.AR	Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)
Subpart 202.AT	Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)
Subpart 202.AU	Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)
Subpart 202.AV	Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)
Subpart 202.AX	Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)
Subpart 202.AZ	Transitional provisions for Part 39 (Airworthiness directives)
202.170	Airworthiness directives
202.171	Application for exemption from, or variation of, requirement of airworthiness directive
202.172	Exemption from requirement of airworthiness directive
Subpart 202.BB	Transitional provisions for Part 43 (Maintainers’ responsibilities)
Subpart 202.BD	Transitional provisions for Part 45 (Display of nationality and registration marks)
202.200	Australian aircraft marked in accordance with CAR
Subpart 202.BF	Transitional provisions for Part 47 (Registration of aircraft)
Subpart 202.CA	Transitional provisions for Part 60 (Synthetic training devices)
202.240	Definitions for this Subpart
202.241	Transitional accreditation — flight simulators
Subpart 202.CB	Transitional provisions for Part 61 (Pilot licensing)
Subpart 202.CD	Transitional provisions for Part 63 (Flight crew licensing other than pilots)
Subpart 202.CE	Transitional provisions for Part 64 (Ground authorisations)
Subpart 202.CF	Transitional provisions for Part 65 (Air traffic services licensing)
202.320	Manual of Standards for Part 65
202.321	Persons holding certain licences
Subpart 202.CG	Transitional provisions for Part 66 (Maintenance personnel licensing)
Subpart 202.CH	Transitional provisions for Part 67 (Medical)
202.360	Medical certificates issued under Civil Aviation Regulations 1988
202.361	Designated aviation medical examiners appointed under Civil Aviation Regulations 1988
202.362	Actions by Director of Aviation Medicine
202.363	Applications for issue of medical certificates pending on 3 September 2003
Subpart 202.DA	Transitional provisions for Part 71 (Airspace)
Subpart 202.EA	Transitional provisions for Part 90 (Additional airworthiness requirements)
Subpart 202.EB	Transitional provisions for Part 91 (General operating and flight rules)
Subpart 202.EC	Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)
202.440	Approval of certain training courses and instructors
Subpart 202.FA	Transitional provisions for Part 101 (Unmanned aircraft and rocket)
202.460	Authorisations, permissions and approvals in force immediately before 1 July 2002
Subpart 202.FC	Transitional provisions for Part 103 (Sport and recreational aviation operations)
Subpart 202.FE	Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)
Subpart 202.FJ	Transitional provisions for Part 115 (Operations using sport aviation aircraft for non-recreational activities)
Subpart 202.FL	Transitional provisions for Part 119 (Air operator certification — air transport)
Subpart 202.FN	Transitional provisions for Part 121A (Air transport operations — large aeroplanes)
Subpart 202.FO	Transitional provisions for Part 121B (Air transport operations — small aeroplanes)
Subpart 202.FR	Transitional provisions for Part 129 (Air operator certification — foreign operators)
Subpart 202.FT	Transitional provisions for Part 133 (Air transport and aerial work operations — rotorcraft)
Subpart 202.FV	Transitional provisions for Part 136 (Aerial work operations — other than those covered by Parts 133, 137, 138, 141 and 142)
Subpart 202.FW	Transitional provisions for Part 137 (Aerial agriculture operations — other than rotorcraft)
Subpart 202.FX	Transitional provisions for Part 138 (Search and rescue operations
Subpart 202.FY	Transitional provisions for Part 139 (Aerodromes)
202.700	Definitions for this Subpart
202.701	Aerodrome licences issued under CAR
202.702	Conditions of transitional aerodrome licences
202.703	Duration of transitional aerodrome licences
202.704	Previous aerodrome manuals and standards for aerodromes
202.705	Exemptions
Subpart 202.FYH   Transitional provisions for Subpart 139.H
(Aerodrome rescue and fire fighting services)
202.710	Manual of Standards for Subpart 139.H
Subpart 202.GA	Transitional provisions for Part 141 (Flight training organisations)
Subpart 202.GB	Transitional provisions for Part 142 (Training and checking organisations)
Subpart 202.GC	Transitional provisions for Part 143 (Air traffic services training providers)
202.760	Manual of Standards for Part 143
Subpart 202.GD	Transitional provisions for Part 144 (Product distribution organisations)
Subpart 202.GE	Transitional provisions for Part 145 (Maintenance organisations)
Subpart 202.GF	Transitional provisions for Part 146 (Design approval organisations)
Subpart 202.GG	Transitional provisions for Part 147 (Maintenance training organisations)
Subpart 202.GI	Transitional provisions for Part 149 (Recreational aviation administration organisations)
Subpart 202.HA	Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)
202.880	Manual of Standards for Part 171
Subpart 202.HB	Transitional provisions for Part 172 (Air traffic service providers)
202.900	Manual of Standards for Part 172
Subpart 202.HC	Transitional provisions for Part 173 (Instrument flight procedure design)
Subpart 202.HD	Transitional provisions for Part 174 (Aviation meteorological services)
Subpart 202.HJ	Transitional provisions for Part 183 (Authorised representatives)
Subpart 202.HL	Transitional provisions for Part 200 (Exemptions)
Subpart 202.HM	Transitional provisions for Part 201 (Miscellaneous)
[86]	Subpart 202.AA
omit
Part 3	Amendments substituting explicit dates for references to dates
[87]	Subregulation 21.190 (2)
omit
After the commencement of this regulation,
[88]	Regulation 21.845
omit
after the commencement of this Subpart.
insert
on or after 1 October 2000.
[89]	Paragraph 21.860 (a)
omit
, after the commencement of this Subpart; and
insert
, on or after 1 October 2000; and
[90]	Paragraphs 22.001 (1) (a), (b), (c) and (d)
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[91]	Paragraphs 23.001 (1) (a), (b) and (c)
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[92]	Regulations 27.001 and 27.002
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[93]	Regulations 29.001 and 29.002
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[94]	Regulations 32.001 and 32.002
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[95]	Regulations 33.001 and 33.002
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[96]	Regulations 35.001 and 35.002
omit
at the commencement of this regulation,
insert
on 1 October 1998,
[97]	Subregulation 67.180 (9)
omit
as in force immediately before the commencement of this regulation
[98]	Regulation 92.150, heading
substitute
92.150	Training undertaken before 1 January 2004
[99]	Subregulation 92.170 (1), definitions of Class B cargo compartment and Class C cargo compartment
omit
the commencement of this regulation.
insert
1 January 2004.
[100]	Subregulation 139.190 (1)
substitute
	(1)	The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations.
Penalty:   10 penalty units.
Note   On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T-VASIS, AT-VASIS and PAPI.
[101]	Subregulation 139.260 (3)
omit
for 3 years after the commencement of this regulation,
insert
until the end of 1 May 2006,
[102]	Subregulation 139.315 (6)
omit
for 3 years after the commencement of this regulation,
insert
until the end of 1 May 2006,
[103]	Subregulation 139.345 (6)
omit
for 3 years after the commencement of this regulation,
insert
until the end of 1 May 2006,
[104]	Subpart 202.AZ
substitute
Subpart 202.AZ	Transitional provisions for Part 39 (Airworthiness directives)
202.170	Airworthiness directives
		If an airworthiness directive issued under regulation 37A of CAR, or such an airworthiness directive as subsequently varied, had effect immediately before 1 January 2000, then, subject to these Regulations, the airworthiness directive, or the airworthiness directive as varied, continues to have effect on and after that day as if it were an airworthiness directive issued by CASA under regulation 39.001.
202.171	Application for exemption from, or variation of, requirement of airworthiness directive
		If an application under regulation 42ZR of CAR for an exemption from, or a variation of, a requirement of an airworthiness directive, in so far as it relates to a particular aircraft, was still pending immediately before 1 January 2000, the application has effect as if it were a written request made by the applicant, on that day, for CASA to exclude, under regulation 39.004, the aircraft from the operation of the airworthiness directive.
202.172	Exemption from requirement of airworthiness directive
		If an exemption from a requirement of an airworthiness directive granted, under regulation 42ZS of CAR, in relation to an aircraft was still in force immediately before 1 January 2000, then, subject to these Regulations, the exemption has effect as if it were an instrument issued under regulation 39.004, on that day, excluding the aircraft from the operation of the airworthiness directive.
[105]	Subpart 202.BD
substitute
Subpart 202.BD	Transitional provisions for Part 45 (Display of nationality and registration marks)
202.200	Australian aircraft marked in accordance with CAR
		Despite Part 45, an Australian aircraft registered before 1 October 2000 need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR (as in force immediately before 1 October 2000).
[106]	Regulation 202.240, definition of old regulations
omit
the commencement of this regulation.
insert
18 September 2003.
[107]	Regulation 202.240, definition of transitional accreditation
omit
after the commencement of this regulation
insert
on and after 18 September 2003
[108]	Subregulations 202.241 (1), (2) and (3)
substitute
	(1)	The accreditation of a flight simulator that was in force immediately before 18 September 2003 at a level (the old level) specified in column 2 of an item in table 202.241 continues to be in force on and after that day, subject to subregulations (2), (3) and (4), as if it were a flight simulator qualification for the flight simulator at the level (the new level) specified in column 3 of that item.
	(2)	A transitional accreditation remains subject to any conditions to which it was subject immediately before 18 September 2003.
	(3)	A transitional accreditation continues in force until the sooner of the following:
	(a)	the date of expiry of the accreditation;
	(b)	18 September 2004.
[109]	After regulation 202.320
insert
202.321	Persons holding certain licences
	(1)	In this regulation:
old licence means an air traffic controller licence or a flight service officer licence issued under CAR and in force (or suspended) immediately before 1 May 2003.
	(2)	A person who, immediately before 1 May 2003, held an old licence (including a licence that is suspended) is taken to hold a corresponding licence issued under Part 65.
	(3)	A rating, endorsement or qualification endorsed on an old licence is taken to continue in force for the period during which it would have been in force but for that Part.
	(4)	A licence that a person is taken to hold under subregulation (2), or a rating, endorsement or qualification mentioned in subregulation (3), may be suspended or cancelled as if it had been granted under that Part.
	(5)	An old licence that, immediately before 1 May 2003, was suspended is taken, on and after that day, to continue to be suspended.
	(6)	For the purposes of action against the holder of an old licence mentioned in subregulation (5), the amendments of CAR by regulation 4 of, and Schedule 2 to, the Civil Aviation Amendment Regulations 2002 (No. 2) are to be disregarded.
[110]	Subregulation 202.360 (1)
substitute
	(1)	A medical certificate or special medical certificate issued before 3 September 2003, under Part 6 of CAR, as in force at any time before that day, continues to have, on and after that day, the same force and effect as it would have had if that Part had continued in force.
[111]	Subregulation 202.361 (1)
omit
the commencement of this regulation,
insert
3 September 2003,
[112]	Subregulation 202.362 (2)
substitute
	(2)	An approval given by the Principal Medical Officer, before 3 September 2003, for the purposes of a provision of Schedule 1 to CAR, as in force at any time before that day, continues to have effect according to its terms, on and after that day, as if CASA had given the approval for the purposes of the corresponding provision of table 67.150, table 67.155 or table 67.160.
[113]	Regulation 202.363
substitute
202.363	Applications for issue of medical certificates pending on 3 September 2003
	(1)	This regulation applies if:
	(a)	an application under Part 6 of the old regulations for the issue of a medical certificate was pending immediately before 3 September 2003; and
	(b)	the application was in accordance with that Part as then in force.
	(2)	The application is taken, for these Regulations, to be an application for the issue of the medical certificate, made, on 3 September 2003, in accordance with Subpart 67.C.
	(3)	If an examination required for the issue of the medical certificate under Part 6 of the old regulations had commenced but was not completed before 3 September 2003, the examination is taken to have commenced under Subpart 67.C.
	(4)	In this regulation:
old regulations means CAR as in force at any time before 3 September 2003.
[114]	Regulation 202.440, note
omit
commencement of this Subpart
insert
1 January 2004
[115]	Subpart 202.FA
substitute
Subpart 202.FA	Transitional provisions for Part 101 (Unmanned aircraft and rockets)
202.460	Authorisations, permissions and approvals in force immediately before 1 July 2002
	(1)	Despite the amendment of CAR by Schedule 2 to the Civil Aviation Amendment Regulations 2001 (No. 4), and despite any repeal of regulation 4 of those Regulations, an authorisation given under regulation 137 of CAR, or a permission given under regulation 259, 260 or 295 of CAR, before 1 July 2002 continues to have effect according to its terms.
	(2)	Such an authorisation or permission may be amended or revoked as if it were an approval given under Part 101.
	(3)	Despite any repeal of regulation 4 of the Civil Aviation Amendment Regulations 2001 (No. 4), an approval given by CASA, before 1 July 2002, of an area as an area for the operation or launching of unmanned aircraft or rockets continues to have effect according to its terms.
	(4)	An approval referred to in subregulation (3) may be revoked or amended as if it had been given under Part 101.
[116]	Regulation 202.700, definitions of old regulations and Rules and Practices for Aerodromes
omit
the commencement of this regulation.
insert
2 May 2003.
[117]	Regulation 202.700, definition of transitional aerodrome licence
omit
the commencement of this regulation
insert
2 May 2003
[118]	Regulation 202.701
substitute
202.701	Aerodrome licences issued under CAR
		An aerodrome licence in force under Part 9 of the old regulations immediately before 2 May 2003 continues in force on and after that day as if it were an aerodrome certificate granted under regulation 139.050.
[119]	Regulation 202.702
omit
the commencement of this regulation
insert
2 May 2003
[120]	Paragraph 202.703 (b)
substitute
	(b)	1 May 2006.
[121]	Subregulation 202.704 (2)
omit
the commencement of this regulation,
insert
2 May 2003,
[122]	Paragraphs 202.704 (3) (b), (4) (b), (5) (b) and (6) (b)
omit
the commencement of this regulation.
insert
2 May 2003.
[123]	Regulation 202.705
substitute
202.705	Exemptions
	(1)	An exemption from a provision of Part 9 of the old regulations (the old provision) that:
	(a)	was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and
	(b)	was in effect immediately before 2 May 2003;
continues in force on and after that day as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision.
	(2)	Any such exemption continues in force subject to any conditions to which it was subject immediately before that day.
	(3)	In this regulation:
Manual of Standards has the meaning given by regulation 139.010.
[124]	Dictionary, Part 1, definition of designated aviation medical examiner, paragraph (d)
omit
immediately before the commencement of this regulation.
insert
at any time before 3 September 2003.
Part 4	Renumbering of certain Subparts and Divisions
[125]	Subparts and Divisions mentioned in the following table
omit the heading, insert the heading shown in column 2 of the table
Column 1
Subpart or Division	Column 2
New heading	
Part 65, Subpart A	Subpart 65.A	General	
Part 65, Subpart B	Subpart 65.B	Authority to act in air traffic control and flight service	
Part 65, Subpart C	Subpart 65.C	Licensing	
Part 65, Subpart C, Division 1	Division 65.C.1	Air traffic controller licensing	
Part 65, Subpart C, Division 2	Division 65.C.2	Flight service officer licensing	
Part 65, Subpart E	Subpart 65.E	Administrative functions	
Part 65, Subpart E, Division 1	Division 65.E.1	Grant of licences	
Part 65, Subpart E, Division 2	Division 65.E.2	Ongoing proficiency and medical testing	
Part 65, Subpart E, Division 3	Division 65.E.3	Suspension and cancellation of licences	
Part 101, Subpart A	Subpart 101.A	Preliminary	
Part 101, Subpart B	Subpart 101.B	General prohibition on unsafe operation	
Part 101, Subpart C	Subpart 101.C	Provisions applicable to unmanned aircraft generally	
Part 101, Subpart D	Subpart 101.D	Tethered balloons and kites	
Part 101, Subpart E	Subpart 101.E	Unmanned free balloons	
Part 101, Subpart F	Subpart 101.F	UAVs	
Part 101, Subpart F, Division 1	Division 101.F.1	General	
Part 101, Subpart F, Division 2	Division 101.F.2	Operation of UAVs generally	
Part 101, Subpart F, Division 3	Division 101.F.3	Certification of UAV controllers	
Part 101, Subpart F, Division 4	Division 101.F.4	Certification as UAV operator	
Part 101, Subpart G	Subpart 101.G	Model aircraft	
Part 101, Subpart H	Subpart 101.H	Rockets	
Part 101, Subpart I	Subpart 101.I	Firework displays	
Part 143, Subpart A	Subpart 143.A	General	
Part 143, Subpart B	Subpart 143.B	Approval as an ATS training provider	
Part 143, Subpart C	Subpart 143.C	Requirements to be complied with by ATS training providers	
Part 143, Subpart C, Division 1	Division 143.C.1	Requirements for training	
Part 143, Subpart C, Division 2	Division 143.C.2	Personnel	
Part 143, Subpart C, Division 3	Division 143.C.3	Reference materials, documents and records	
Part 143, Subpart D	Subpart 143.D	Telling CASA about changes	
Part 143, Subpart E	Subpart 143.E	Miscellaneous	
Part 143, Subpart F	Subpart 143.F	Administration	
Part 143, Subpart F, Division 1	Division 143.F.1	Preliminary	
Part 143, Subpart F, Division 2	Division 143.F.2	Approvals	
Part 143, Subpart F, Division 3	Division 143.F.3	Variation of approvals	
Part 143, Subpart F, Division 4	Division 143.F.4	Suspension and cancellation of approvals	
Part 171, Subpart A	Subpart 171.A	General	
Part 171, Subpart B	Subpart 171.B	Approval of service providers	
Part 171, Subpart C	Subpart 171.C	Obligations and privileges of service provider	
Part 171, Subpart D	Subpart 171.D	Contents of operations manual	
Part 171, Subpart E	Subpart 171.E	Administration	
Part 172, Subpart A	Subpart 172.A	General	
Part 172, Subpart B	Subpart 172.B	Approval as an ATS provider	
Part 172, Subpart C	Subpart 172.C	Requirements to be complied with by ATS providers	
Part 172, Subpart C, Division 1	Division 172.C.1	Operations manual	
Part 172, Subpart C, Division 2	Division 172.C.2	Air traffic service	
Part 172, Subpart C, Division 3	Division 172.C.3	Standards for facilities and equipment	
Part 172, Subpart C, Division 4	Division 172.C.4	Organisation and personnel	
Part 172, Subpart C, Division 5	Division 172.C.5	Arrangements to maintain service	
Part 172, Subpart C, Division 6	Division 172.C.6	Management	
Part 172, Subpart C, Division 7	Division 172.C.7	Reference materials, documents, records and log books	
Part 172, Subpart C, Division 8	Division 172.C.8	Notice of air traffic service	
Part 172, Subpart D	Subpart 172.D	Telling CASA about changes	
Part 172, Subpart E	Subpart 172.E	Miscellaneous	
Part 172, Subpart F	Subpart 172.F	Administration	
Part 172, Subpart F, Division 1	Division 172.F.1	Preliminary	
Part 172, Subpart F, Division 2	Division 172.F.2	Approvals	
Part 172, Subpart F, Division 3	Division 172.F.3	Variation of approvals	
Part 172, Subpart F, Division 4	Division 172.F.4	Directions to amend provider’s operations manual	
Part 172, Subpart F, Division 5	Division 172.F.5	Suspension and cancellation of approvals	
[126]	References by letter or number to Subparts or Divisions the headings of which were substituted by item [125]
omit the reference, insert the reference as re-lettered or renumbered
[127]	References by letter or number to Subparts or Divisions re-lettered or renumbered by Schedule 3 to the Civil Aviation Amendment Regulations 2002 (No. 11) (other than references already substituted by that Schedule)
omit the reference, insert the reference as re-lettered or renumbered
Part 5	Other miscellaneous amendments
[128]	Guide, paragraphs 2 to 9, including the headings
substitute
What are the Regulations?
2.	The Civil Aviation Safety Regulations 1998 (‘CASR’), together with the Civil Aviation Regulations 1988 (‘CAR’), are the detailed legislation of the Commonwealth regarding aviation safety. Both of those sets of regulations are made under the Civil Aviation Act 1988. There are also Civil Aviation Orders made under CAR and that Act.
3.	CAR were made in 1988 and have been amended many times since. They are being progressively reviewed as CASA brings its requirements into line with international standards and best regulatory practice. Major new policies are generally incorporated into CASR.
4.	The intention is that the matter in CAR and the Civil Aviation Orders will be progressively brought into CASR. As part of that process, CASR is to be written in modern, easy-to-understand language.
5.	CASR and CAR, and the Orders, are parts of Australian law. They are delegated legislation, made by the Governor-General (for the Regulations) or CASA itself (for the Orders) under authority given by the Commonwealth Parliament. The authority for the Governor-General to make the Regulations is in section 98 of the Civil Aviation Act 1988, and the authority for CASA to make the Orders is in subsection 98 (4A) of that Act and regulation 5 of the 1988 Regulations.
6.	The Civil Aviation Act, CASR and CAR give effect to some of Australia’s obligations under the Convention on International Civil Aviation (usually called the Chicago Convention) entered into at Chicago on 7 December 1944. The English texts of the Chicago Convention, and several Protocols amending it, are set out as Schedules to the Commonwealth Air Navigation Act 1920.
7.	The Chicago Convention sets up the International Civil Aviation Organization (ICAO) as the regulatory body for international civil aviation. The Council of ICAO adopts Annexes (18 so far) to the Chicago Convention setting out ‘international standards and recommended practices’ (Chicago Convention, Art. 54 (l)). The Annexes provide the basis for aviation safety regulation throughout the world. The Annexes vary in length from a few pages to hundreds of pages, and are not set out in the Air Navigation Act.
8.	The Civil Aviation Act, CASR and CAR are not the whole of the Commonwealth legislation regarding aviation. Aspects of aviation other than safety are regulated under (for example):
•	the Air Navigation Act 1920
•	the Air Navigation Regulations 1947
•	the Air Services Act 1995
•	the Air Services Regulations
•	the Aviation Transport Security Act 2004
•	the Civil Aviation (Carriers’ Liability) Act 1959.
How to read the Regulations
9.	From this point on, in this Guide, unless the contrary is stated the Regulations means the Civil Aviation Safety Regulations 1998.
[129]	Guide, paragraph 55
substitute
55.	However, the Table of Contents (immediately before this Guide) lists provisions by number and gives page references. The page numbers in this Table will always be correct in an officially printed copy, and should also be correct in one that has been printed from a fully formatted on-line version.
[130]	Guide, after paragraph 62
insert
62A.	The Australian Transport Safety Bureau also operates the Aviation Self Reporting Scheme established under s 30DN of the Act. For further details, see Subpart 13.K of the Regulations.
[131]	Guide, paragraph 67
substitute
67.	Printed official copies of Regulations (both amending regulations and consolidated up-to-date versions of principal regulations) are available from:
•	CanPrint Communications
16 Nyrang Street
Fyshwick ACT 2609
•	Info Vic
356 Collins Street, Melbourne VIC 3000
Tel: 1300 366 356 Fax: (03) 9603 9920
•	University Co-operative Bookshop Ltd
Law School, Shop 2, 153 Phillip Street, Sydney NSW 2000
Tel: (02) 9232 2250
or by mail from:
•	CanPrint Information Services
PO Box 7456
Canberra Mail Centre ACT 2610
Tel: 1300 656 863
Fax: (02) 6293 8333.
Further details about sales of legislation are available at http://scaleplus.law.gov.au/legsales.htm.
[132]	Subregulation 1.004 (2), note
substitute
Note   A signpost reference to a definition or an explanation of an expression that is elsewhere than in the Dictionary (for example, ‘ATSO authorisation — see paragraph 21.601 (2) (b)’) is not included in the Dictionary unless the definition or explanation of the expression applies outside the regulation in which it occurs. Many expressions are defined for the purposes of a particular Part, Subpart or Division, and signpost references to such definitions are generally not included in the Dictionary.
[133]	After regulation 1.004
insert
1.005	Appendixes
	(1)	Some provisions have an appendix.
	(2)	An appendix is not numbered separately from the provision to which it is an appendix, but is identified by a heading in the form ‘Appendix to [kind of provision] [number]’.
Example
An appendix might be headed:
Appendix to subparagraph 139.095 (a) (i).
	(3)	A provision may have more than 1 appendix, and if a provision has 2 or more appendixes each is identified by a heading in the form ‘Appendix [number] to [kind of provision] [number]’.
	(4)	An appendix to a subregulation, paragraph or subparagraph appears at the end of the regulation that contains the subregulation, paragraph or subparagraph.
	(5)	An appendix may be divided into subsections, and a subsection of an appendix may be divided into paragraphs and subparagraphs, in the same way as a regulation.
	(6)	An appendix to a regulation, or a provision that is part of a regulation, is part of that regulation.
[134]	Regulation 13.375, table 13.375, item 2, column 2
omit
Part 3 of CAR
insert
Part 47 of CASR
[135]	Regulation 21.271, heading
substitute
21.271	Authorised release certificates — criteria for issue
[136]	Subregulation 21.875 (1)
after
produced,
insert
as set out in subregulation (3),
[137]	Regulation 47.035, not including the note
substitute
47.035	Correction of Register
		CASA must correct the information recorded in an entry in the Australian Civil Aircraft Register as soon as practicable after becoming aware that the entry is out of date or otherwise incorrect.
[138]	After subregulation 47.040 (2)
insert
	(3)	A registration holder must comply with a request made under subregulation (2).
Penalty:   10 penalty units.
	(4)	An offence under subregulation (3) is an offence of strict liability.
[139]	After paragraph 47.065 (a)
insert
	(aa)	if the aircraft is owned by more than 1 person — the name and signature of the owner who is appointed to act on behalf of the owners; and
[140]	Regulation 47.065, note 2
substitute
Note 2   If an aircraft is registered for a specific period, the registration lapses at the end of that period: see subregulation 47.130 (1). (However the period may be extended under subregulation 47.095 (4).)
[141]	Subregulation 47.100 (5), at the foot
insert
Penalty:   10 penalty units.
[142]	After subregulation 47.100 (5)
insert
	(5A)	An offence under subregulation (5) is an offence of strict liability.
	(5B)	If CASA finds out, other than by a notice given by the registration holder, that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 7 days, inform the aircraft’s registration holder in writing.
[143]	After subregulation 47.100 (7)
insert
	(7A)	CASA must not accept a notice under subregulation (6) or (7) that does not include the required information.
[144]	Subregulation 47.120 (3)
omit
is given
insert
receives
[145]	Subregulation 47.135 (2)
omit
or CASA sent
insert
the person received
[146]	Regulation 47.160
omit
if it registers
insert
when it registers
[147]	Subregulation 47.165 (3)
omit
If CASA approves
insert
When CASA approves
[148]	Regulation 67.120, heading
substitute
67.120	Revocation of declarations
[149]	Regulation 67.141
omit
[150]	Regulation 67.150, table 67.150, paragraph 1.6 (c)
omit
approved
insert
appropriate
[151]	Regulation 67.155, table 67.155, paragraph 2.6 (c)
omit
approved
insert
appropriate
[152]	Regulation 67.160, table 67.160, paragraph 3.6 (c)
omit
approved
insert
appropriate
[153]	Regulation 101.015
omit
Part 3 of CAR 1988, and Part 45 of CAR 1998, do not
insert
Parts 45 and 47 do not
[154]	Regulation 139.036
omit
[155]	Subregulation 139.915 (1), definition of officer in charge, paragraph (a)
omit
designated under regulation 139.745
insert
appointed under regulation 139.773
[156]	Part 200, heading
substitute
Part 200	Aircraft to which CASR do not apply
[157]	Paragraph 201.004 (j), including the note
substitute
	(j)	a decision under regulation 45.155 refusing approval to remove an aircraft’s aircraft registration identification plate, or remove or alter a marking on such a plate; or
	(k)	a decision to cancel the registration of an aircraft; and
	(l)	a decision under regulation 47.175 to assign fewer dealer’s marks to a dealer than were applied for; and
	(m)	a decision under Subpart 67.C:
	(i)	to refuse to appoint a person as a DAME or DAO; or
	(ii)	to impose a condition, restriction or limitation on the appointment of a person as a DAME under paragraph 67.060 (4) (a); or
	(iii)	to impose a condition, restriction or limitation on the appointment of a person as a DAO under paragraph 67.080 (5) (a); or
	(iv)	to cancel, for a reason mentioned in subregulation 67.095 (1), the appointment of a person as a DAME or DAO; or
	(n)	a decision under regulation 92.155 to refuse to exclude a person or class of persons from the obligation to comply with the requirements mentioned in that regulation, or to grant such an exclusion subject to a condition; or
	(o)	a decision under regulation 139.020 not to grant an exemption under that regulation; or
	(p)	a direction given by CASA under regulation 139.145; or
	(q)	a decision under Subpart 139.C refusing to register, or suspending or cancelling the registration of, an aerodrome.
Note   Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person’s right to have the notice reviewed.
[158]	Subregulation 202.223 (2)
substitute
	(2)	However, CASA must not accept an application for a change of any details about an aircraft that are kept in the Aircraft Register, other than an application for:
	(a)	a change of name or address of the holder of the certificate of registration, or a property interest holder, of the aircraft; or
	(b)	the cancellation of the registration of the aircraft.
[159]	Subpart 202.AM
omit
[160]	Subpart 202.GC, heading
substitute
Subpart 202.GC	Transitional provisions for Part 143 (Air traffic services training providers)
[161]	Subpart 202.HB, heading
substitute
Subpart 202.HB	Transitional provisions for Part 172 (Air traffic service providers)
[162]	Dictionary, Part 1, definition of AD
substitute
AD — see the definition of airworthiness directive.
[163]	Dictionary, Part 1, definition of AOC
substitute
AOC — see subsection 3 (1) of the Act.
[164]	Dictionary, Part 1, definitions of approved maintenance data and article manufacturer
approved maintenance data — see regulation 2A of CAR.
article manufacturer — see paragraph 21.601 (2) (e).
[165]	Dictionary, Part 1, definition of ATSO authorisation
substitute
ATSO authorisation — see paragraph 21.601 (2) (b).
[166]	Dictionary, Part 1, definition of CAR airworthiness directive, paragraph (b)
omit
regulation 202.4.
insert
regulation 202.170.
[167]	Dictionary, Part 1, definition of class
substitute
class, in relation to an aircraft — see clause 30 of Part 2 of this Dictionary.
[168]	Dictionary, Part 1, definition of Class I product
substitute
Class I product — see paragraph 21.321 (2) (a).
[169]	Dictionary, Part 1, definition of Class II product
substitute
Class II product — see paragraph 21.321 (2) (b).
[170]	Dictionary, Part 1, definition of Class III product and Contracting State
substitute
Class III product — see paragraph 21.321 (2) (c).
Contracting State — see subsection 3 (1) of the Act.
[171]	Dictionary, Part 1, definition of designated aviation medical examiner, paragraph (a)
omit
an designated
insert
a designated
[172]	Dictionary, Part 1, definition of FAA letter of TSO design approval
substitute
FAA letter of TSO design approval — see paragraph 21.601 (2) (ca).
[173]	Dictionary, Part 1, definitions of foreign supplemental type certificate and foreign type certificate
substitute
foreign supplemental type certificate — see regulation 21.114.
foreign type certificate — see regulation 21.041.
[174]	Dictionary, Part 1, after definition of identification number
insert
in an area, used of the operation of an aircraft — see clause 40 of Part 2 of this Dictionary.
[175]	Dictionary, Part 1, definition of JAR
substitute
JAR — see clause 45 of Part 2 of this Dictionary.
[176]	Dictionary, Part 1, definition of letter of ATSO design approval
substitute
letter of ATSO design approval — see paragraph 21.601 (2) (c).
[177]	Dictionary, Part 1, definition of NAA
substitute
NAA, for a country other than Australia, means:
	(a)	the national airworthiness authority of the country; or
	(b)	EASA, in relation to any function or task that EASA carries out on behalf of the country.
[178]	Dictionary, Part 1, definition of overhauled
substitute
overhauled — see paragraph 21.321 (2) (d).
[179]	Dictionary, Part 1, definition of recognised country
substitute
recognised country — see regulation 21.012.
[180]	Dictionary, Part 1, definition of regular public transport operations
omit
paragraph 206 (c)
insert
paragraph 206 (1) (c)
[181]	Dictionary, Part 1, definition of special certificate of airworthiness
substitute
special certificate of airworthiness — see regulation 21.175.
[182]	Dictionary, Part 1, definition of TSO
substitute
TSO — see paragraph 21.601 (2) (ab).
[183]	Dictionary, Part 1, definition of type certificate
substitute
type certificate — see regulation 21.041.
[184]	Dictionary, Part 1, definition of type design
substitute
type design — see regulation 21.031.
[185]	Dictionary, Part 2, before clause 25 inserted by item [34]
insert
1	References to accountable manager
Note   This clause is reserved for future use.
5	When an aircraft is airworthy
Note   This clause is reserved for future use.
10	References to air transport operations
Note   This clause is reserved for future use.
15	Reference to Annexes to Chicago Convention
		In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.
20	References to authorised representatives of particular classes
Note   This clause is reserved for future use.
[186]	Dictionary, Part 2, after clause 25 inserted by item [34]
insert
30	Classes of aircraft
		For these Regulations, aircraft are divided into the following classes:
	(a)	aeroplane;
	(b)	rotorcraft;
	(c)	ornithopter;
	(d)	glider;
	(e)	kite;
	(f)	airship;
	(g)	captive balloon;
	(h)	free balloon.
[187]	Dictionary, Part 2, after clause 35 inserted by item [34]
insert
40	References to operating an aircraft in an area
		In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area.
45	Meaning of JAR
		In these Regulations:
	(a)	JAR means the Joint Aviation Requirements agreed to by, and published on behalf of, the European Joint Airworthiness Authorities; and
	(b)	JAR, linked by a hyphen to a number, a letter or letters, or a combination of a number and a letter or letters, is a reference to the provision of the Joint Aviation Requirements that is identified by that number, that letter or those letters, or that combination.
50	References to pilot-in-command
Note   This clause is reserved for future use.
55	References to populous areas etc
Note   This clause is reserved for future use.
[188]	Dictionary, Part 2, after clause 60 inserted by item [34]
insert
65	Recognised foreign training providers
Note   This clause is reserved for future use.
Schedule 3	Amendment of Civil Aviation Amendment Regulations 2000 (No. 3)
(regulation 5)
  
[1]	Regulations 5 to 8
omit
Schedule 4	Amendment of Civil Aviation Amendment Regulations 2001 (No. 4)
(regulation 6)
  
[1]	Regulation 4
omit
Schedule 5	Amendment of Civil Aviation Amendment Regulations 2002 (No. 2)
(regulation 7)
  
[1]	Regulation 5
omit

Notes
1.	These Regulations amend (in Schedule 1) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 Nos. 58, 75, 95, 189, 201, 232 and 240; Act No. 105, 2003; Statutory Rules 2003 No. 365; 2004 Nos. 134, 216, 217 and 222.
	These Regulations also amend (in Schedule 2) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 Nos. 7, 204 (item [7] of Schedule 2 was disallowed by the Senate on 8 November 2000) and 227; 2001 Nos. 34, 242 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 266, 268, 320, 321, 349 and 350; 2003 Nos. 58, 75, 189, 232, 240, 297 and 365; 2004 Nos. 4, 134, 216, 222 and 230.
	These Regulations also amend (in Schedule 3) Statutory Rules 2000 No. 204 (item [7] of Schedule 2 and items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000).
	These Regulations also amend (in Schedule 4) Statutory Rules 2001 No. 349 (as amended by 2002 No. 79).
	These Regulations also amend (in Schedule 5) Statutory Rules 2002 No. 167 (as amended by 2003 No. 58).
2.	Notified in the Commonwealth of Australia Gazette on 8 December 2004.