Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013
Select Legislative Instrument No. 80, 2013
I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Civil Aviation Act 1988.
Dated 16 May 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Anthony Albanese
Minister for Infrastructure and Transport
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
Part 1—Main amendments 2
Civil Aviation Regulations 1988 2
Civil Aviation Safety Regulations 1998 6
Part 2—Amendments of references to these regulations 44
Civil Aviation Regulations 1988 44
Civil Aviation Safety Regulations 1998 45
Part 3—Additional amendments of references to these regulations 47
Civil Aviation Safety Regulations 1998 47
Part 4—Amendments of references to the regulations 48
Civil Aviation Regulations 1988 48
Civil Aviation Safety Regulations 1998 48
Part 5—Amendments of decentralised tables of contents 49
Civil Aviation Safety Regulations 1998 49
Part 6—Additional amendments of decentralised tables of contents 51
Civil Aviation Safety Regulations 1998 51
Schedule 2—Repeal 54
Civil Aviation (Savings) Regulations (Statutory Rules 1995 No. 149) 54
1 Name of regulation
This regulation is the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013.
2 Commencement
This regulation commences on the day after it is registered.
3 Authority
This regulation is made under the Civil Aviation Act 1988.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Civil Aviation Regulations 1988
1 Subregulation 2(1) (definition of these regulations)
Repeal the definition, substitute:
these Regulations includes CASR.
2 Paragraph 2(4)(c)
Omit “of these regulations”.
3 Subregulation 2(13)
Repeal the subregulation.
4 Subregulation 5(1)
Repeal the subregulation, substitute:
(1) This regulation applies if CASA is empowered or required under these Regulations:
(a) to issue a direction, instruction or notification; or
(b) to give a permission, approval or authority.
(1A) CASA may, unless the contrary intention appears in the regulation conferring the power or function or imposing the obligation or duty, issue the direction, instruction or notification or give the permission, approval or authority in Civil Aviation Orders or otherwise in writing.
5 Regulation 181U
Repeal the regulation, substitute:
181U Monitoring height‑keeping
The holder of an RVSM operational approval must comply with the requirements for monitoring height‑keeping in RVSM operations mentioned in the RVSM Minimum Monitoring Requirements issued by the Australian Airspace Monitoring Agency, as in force from time to time.
Note: The RVSM Minimum Monitoring Requirements are available from Airservices Australia’s website (www.airservicesaustralia.com).
6 Regulation 297A
Repeal the regulation, substitute:
297A Review of decisions
Decisions made by CASA
(1) An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 297A.
Table 297A Reviewable decisions
Item
A decision...
1
under regulation 30A refusing to approve a change to a certificate of approval
2
under regulation 33B:
(a) refusing to issue an airworthiness authority; or
(b) issuing an airworthiness authority subject to conditions
3
under regulation 33D refusing to grant an aircraft welding authority
4
under regulation 33G refusing to renew an aircraft welding authority
5
under regulation 33H refusing to approve a change to an aircraft welding authority
6
under regulation 33I imposing a condition on an aircraft welding authority
7
under regulation 42M refusing to approve a system of maintenance
8
under regulation 42R refusing to approve a change to an approved system of maintenance
9
under regulation 42R modifying a change to an approved system of maintenance and approving the modified change
10
under regulation 42ZG refusing to approve a system of certification of completion of maintenance
11
under regulation 42ZK refusing to approve a change to a system of certification of completion of maintenance
12
under regulation 42ZS:
(a) refusing to grant an exemption from, or a variation of, a requirement to which Division 7 of Part 4A applies; or
(b) granting or approving the exemption or variation subject to conditions
13
under regulation 42ZW:
(a) refusing to approve the appointment of a person as a maintenance controller; or
(b) approving the appointment of a person as a maintenance controller subject to conditions
14
under regulation 42ZX suspending or cancelling the approval of a person’s appointment as a maintenance controller
15
under regulation 5.14 refusing to issue or renew a flight crew rating
16
under regulation 5.20 revoking a person’s approval to give flying training for the issue of a flight crew rating, or a grade of flight crew rating
17
under regulation 5.21 revoking a person’s approval to give:
(a) aeroplane conversion training; or
(b) helicopter conversion training
18
under regulation 5.23 refusing to issue an aircraft endorsement (within the meaning given by subregulation 5.01(1))
19
under regulation 5.34 refusing to appoint a person as an airship instructor
20
under regulation 5.36 cancelling an airship instructor’s appointment
21
under regulation 5.38 requiring a person to undertake an examination
22
under regulation 5.58 revoking an approval of a person’s appointment as a chief flying instructor
23
under regulation 5.215 refusing to approve a course for the training of multi‑crew (aeroplane) pilots
24
under regulation 135A refusing to issue a special flight authorisation
25
under regulation 181G refusing to approve an application for an RVSM airworthiness approval
26
under regulation 181I suspending an RVSM airworthiness approval
27
under regulation 181J cancelling an RVSM airworthiness approval
28
under regulation 181M refusing to approve an application for an RVSM operational approval
29
under regulation 181O suspending an RVSM operational approval
30
under regulation 181P cancelling an RVSM operational approval
31
under regulation 262AN refusing to approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189(3) of CASR
32
under regulation 265 suspending a licence or authority (within the meaning given by subregulation 263(1))
33
under regulation 269 varying, suspending or cancelling an approval, authority, certificate or licence (within the meaning given by subregulation 263(1))
34
under subregulation 298A(4) that CASA is satisfied that a person has committed an act mentioned in subregulation 298A(1)
Decisions made by authorised persons
(2) An application may be made to the Administrative Appeals Tribunal for the review of a decision that is:
(a) mentioned in item 7, 8, 11 or 12 of table 297A; and
(b) made by a person who is an authorised person for the provision under which the decision is made.
Note 1: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision reviewed.
Note 2: A decision mentioned in this regulation that is made by a delegate of CASA is reviewable under this regulation: see subsection 25(3A) of the Administrative Appeals Tribunal Act 1975.
7 After subregulation 301(1)
Insert:
(1A) In subregulation (1), a reference to a document that is required to be kept under these Regulations includes a document that is required to be kept under:
(a) a Civil Aviation Order; or
(b) a Manual of Standards; or
(c) another document that is required to be kept under these Regulations.
Civil Aviation Safety Regulations 1998
8 Subregulation 1.003(1)
Omit “regulations”, substitute “Regulations”.
9 Regulation 11.015 (paragraph (b) of the definition of authorisation)
Omit “Subpart 21.K”, substitute “regulation 21.305A”.
10 Regulation 11.025 (heading)
Repeal the heading, substitute:
11.025 Application of Part 11 to authorised persons
11 Subregulation 11.055(1A)
Omit “subregulation (1B)”, substitute “subregulations (1B) and (1C)”.
12 After subregulation 11.055(1B)
Insert:
(1C) If the authorisation is an experimental certificate, CASA may grant the authorisation only if:
(a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and
(b) granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.
13 Subregulation 11.055(4)
Omit all the words from and including “In deciding whether” to and including “at least acceptable”, substitute “For paragraphs (1A)(e) and (1B)(b)”
14 Paragraph 11.056(1)(a)
Repeal the paragraph, substitute:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(ab) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(ac) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users and persons on the ground or water; or
15 Subregulation 11.060(3)
Repeal the subregulation, substitute:
(3) The date must not be before the date of the notice or document.
16 Subregulations 11.067(1) and (2)
Repeal the subregulations, substitute:
(1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.
(1A) CASA may impose or vary a condition only if CASA considers that it is necessary:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.
17 Subregulations 11.067(4) and (5)
Repeal the subregulations, substitute:
(4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(5) If:
(a) after the end of the period specified under subregulation (3); and
(b) having taken account of any submission made by the holder within that period;
CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition.
18 After regulation 11.077
Insert:
11.080 Authorisations not transferable
An authorisation is not transferable, unless a provision in these Regulations provides otherwise.
Note: For authorisations that are transferable, see the following provisions:
(a) regulation 21.047 (type certificates);
(b) regulation 21.179 (certificates of airworthiness);
(c) regulation 21.219 (Class II provisional certificates of airworthiness);
(d) regulation 21.450 (modification/repair design approvals and approvals under regulation 21.475).
19 Subregulation 11.260(4)
Omit “under subregulation (1).”, substitute “under this regulation.”.
20 Subpart 21.B (heading)
Repeal the heading, substitute:
Subpart 21.B—Type certificates and type acceptance certificates
Note: A type certificate or a type acceptance certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.
21 Regulation 21.016 (source reference, second occurring)
Repeal the source reference.
22 Subpart 21.C (heading)
Repeal the heading, substitute:
Subpart 21.C—Provisional type certificates
Note: A provisional type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.
23 Regulation 21.079
Repeal the regulation.
24 Subpart 21.E (heading)
Repeal the heading, substitute:
Subpart 21.E—Supplemental type certificates
Note: A supplemental type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.
25 Regulation 21.130A (source reference, second occurring)
Repeal the source reference.
26 Regulation 21.155
Repeal the regulation.
27 Regulation 21.166 (source reference, second occurring)
Repeal the source reference.
28 Subpart 21.H (heading)
Repeal the heading, substitute:
Subpart 21.H—Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits
Note: A certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.
29 Paragraph 21.193(c)
Omit “any conditions or operational limitations”, substitute “any conditions, including operational limitations,”.
30 Subpart 21.I (heading)
Repeal the heading, substitute:
Subpart 21.I—Provisional certificates of airworthiness
Note: A provisional certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 1984, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.
31 Regulation 21.219
Repeal the regulation, substitute:
21.219 Transferability
A Class II provisional certificate of airworthiness may be transferred to an AOC holder eligible to apply for a certificate under subregulation 21.213(2).
Source: FARs section 21.219 modified.
32 Regulation 21.247
Repeal the regulation.
33 Regulation 21.261 (source reference, second occurring)
Repeal the source reference.
34 Subregulation 21.303(12)
Omit “is not transferable and”.
35 Paragraph 21.327(4)(a)
Omit “and being exported to a country with which Australia has a reciprocal agreement concerning the validation of export certificates”.
36 Regulation 21.621 (heading)
Repeal the heading, substitute:
21.621 Duration
37 Subregulation 21.621(1)
Omit “is not transferable and”.
38 After paragraph 42.020(2)(i)
Insert:
(ia) countries for regulations 42.301 and 42.306;
39 Paragraph 42.030(2)(b)
After “carried out on the aircraft”, insert “since it was last operated for a flight”.
40 Subregulation 42.080(1)
Omit “42.295 or 42.300.”, substitute “42.295, 42.300 or 42.301.”.
41 Subregulation 42.080(3)
Omit “42.305.”, substitute “42.305 or 42.306.”.
42 Paragraph 42.220(1)(a)
Omit “model, serial number and registration mark”, substitute “model and registration mark”.
43 Paragraph 42.280(1)(b)
Repeal the paragraph, substitute:
(b) to keep the aircraft, or the part of the aircraft that is defective, in a state that will allow CASA to investigate the defect; or
(c) to give to CASA any document, aeronautical product or other thing in the possession, or under the control, of the person that relates to the defect.
44 After regulation 42.300
Insert:
42.301 Who is permitted to carry out maintenance—organisations under NAA arrangement
(1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian Territory on an Australian aircraft to which this Part applies if:
(a) the organisation is approved to carry out the maintenance by the NAA of a foreign country under a law of that country; and
(b) the country is specified for this regulation in the Part 42 Manual of Standards; and
(c) there is an arrangement (the NAA arrangement) between CASA and the NAA that permits the organisation to carry out the maintenance.
(2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance in accordance with the NAA arrangement.
45 After regulation 42.305
Insert:
42.306 Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by NAA
(1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian Territory on an aeronautical product for an Australian aircraft to which this Part applies if:
(a) the organisation is approved to carry out the maintenance by the NAA of a foreign country under a law of that country; and
(b) the country is specified for this regulation in the Part 42 Manual of Standards.
(2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance:
(a) if there is an arrangement (the NAA arrangement) between CASA and the NAA that permits the organisation to carry out the maintenance—in accordance with the NAA arrangement; or
(b) otherwise—in accordance with the law of the foreign country that granted the approval.
46 Subparagraph 42.420(5)(a)(i)
Omit “for the part by its manufacturer;”, substitute “for the part in relation to its manufacture;”.
47 Paragraph 42.430(2)(a)
Omit “42.295 or 42.300”, substitute “42.295, 42.300 or 42.301”.
48 Paragraph 42.760(1)(b)
Repeal the paragraph, substitute:
(b) the aircraft’s registration mark;
49 Paragraph 42.815(b)
Repeal the paragraph, substitute:
(b) record the date of issue on the certificate.
50 Subparagraph 65.035(1)(c)(ii)
Omit “rating.”, substitute “rating; and”.
51 After paragraph 65.035(1)(c)
Insert:
(d) he or she holds a Class 3 medical certificate.
52 Before subparagraph 65.035(3)(b)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
53 After subparagraph 65.035(3)(c)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
54 After subparagraph 65.035(3)(d)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
55 Subparagraph 65.050(1)(c)(ii)
Omit “rating.”, substitute “rating; and”.
56 After paragraph 65.050(1)(c)
Insert:
(d) he or she holds a Class 3 medical certificate.
57 Before subparagraph 65.050(3)(b)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
58 After subparagraph 65.050(3)(c)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
59 After subparagraph 65.050(3)(d)(i)
Insert:
(ia) holds a Class 3 medical certificate; and
60 Subregulations 65.115(4) and 65.165(3)
Repeal the subregulations.
61 After regulation 65.280
Insert:
65.285 Effect of suspension or provisional suspension of authorisation
If CASA suspends, or provisionally suspends, a person’s licence, rating or endorsement under this Division:
(a) the person is taken not to be the holder of the licence, rating or endorsement; and
(b) the licence, rating or endorsement is not in force during the period of suspension.
62 Regulation 66.005 (note)
Omit “regulations 42.590, 42.650 and 42.700”, substitute “regulations 42.695, 42.735 and 42.790”.
63 Subregulation 66.010(1)
Omit “(1)”.
64 Subregulation 66.010(1) (definition of excluded system)
Repeal the definition.
65 Subregulation 66.010(2)
Repeal the subregulation.
66 Paragraph 66.015(2)(q)
Repeal the paragraph, substitute:
(q) requalification requirements for an aircraft engineer licence;
(r) the aircraft systems or subsets of aircraft systems that may be excluded from the scope of:
(i) a category A, B1 or B2 licence; or
(ii) a rating for a type rated aircraft type;
(s) the required subject modules and units of competency for each aircraft system or subset of an aircraft system specified for subparagraph (r)(i);
(t) the required aircraft type training for each aircraft system or subset of an aircraft system specified for subparagraph (r)(ii).
67 After paragraph 66.020(2)(b)
Insert:
(ba) specify whether the application is for a licence that would be subject to the exclusion of an aircraft system or a subset of an aircraft system; and
68 Paragraph 66.020(2)(d)
Omit “being applied for; and”, substitute “being applied for, including any relevant foreign licence or Defence Force aircraft authorisation that the applicant holds; and”.
69 After regulation 66.025
Insert:
66.026 Grant of licence subject to exclusion
Not meeting requirements for excluded system
(1) Subject to regulation 11.055, CASA must grant an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if:
(a) the licence applied for is a category A, B1 or B2 licence; and
(b) either:
(i) CASA is satisfied that the applicant meets the requirements mentioned in paragraphs 66.025(3)(a) to (c); or
(ii) the applicant is a licensed aircraft maintenance engineer at the time of making the application; and
(c) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.025(3)(d); and
(d) the aircraft system or subset is specified in the Part 66 Manual of Standards as a system or subset that may be excluded from the scope of a category A, B1 or B2 licence; and
(e) the applicant meets the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for, except the requirements specified in the Part 66 Manual of Standards for the aircraft system or subset.
Partially equivalent foreign licence or Defence Force aircraft authorisation
(2) Subject to regulation 11.055, CASA must grant an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if:
(a) either:
(i) CASA is satisfied that the applicant meets the requirements mentioned in paragraphs 66.025(3)(a) to (c); or
(ii) the applicant is a licensed aircraft maintenance engineer at the time of making the application; and
(b) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.025(3)(d); and
(c) regulation 66.030, 66.035, 66.040, 66.045, 66.050, 66.055, 66.065 or 66.070 applies to the applicant; and
(d) the applicant is taken, under that regulation, to meet the requirements of sections 66.A.25 and 66.A.30 of the Part 66 Manual of Standards for the licence applied for, except the requirements specified in the Part 66 Manual of Standards for the aircraft system or subset.
70 After regulation 66.070
Insert:
66.071 Endorsement on licence of licence exclusion
If CASA grants an aircraft engineer licence that is subject to an exclusion imposed under regulation 66.026, CASA must endorse on the licence that the licence is subject to the exclusion.
66.072 Removal of exclusion from licence
(1) The holder of an aircraft engineer licence that is subject to the exclusion of an aircraft system or a subset of an aircraft system may apply to CASA for removal of the exclusion.
(2) Subject to regulation 11.055, CASA must remove the exclusion if CASA is satisfied, on the basis of evidence mentioned in subregulation (3), that the holder has successfully completed the training necessary for the removal of the exclusion.
(3) For subregulation (2), CASA must receive evidence from a maintenance training organisation that the holder has successfully completed the training and assessment that is required for the aircraft system or subset under section 66.A.25 of the Part 66 Manual of Standards.
(4) If CASA removes the exclusion from the licence, CASA must:
(a) amend the licence document to remove the endorsement that the licence is subject to the exclusion; and
(b) for each rating on the licence that is subject to the exclusion of the aircraft system or subset—endorse on the licence that the rating is subject to the exclusion.
71 Paragraph 66.075(3)(b)
Repeal the paragraph, substitute:
(b) specify the rating being applied for; and
(ba) specify whether the application is for a rating that is subject to the exclusion of an aircraft system or a subset of an aircraft system; and
(bb) specify whether the application is for a rating in relation to a partially equivalent foreign licence or Defence Force aircraft authorisation; and
72 After subregulation 66.080(1)
Insert:
(1A) If the applicant holds a licence that is, or is applying for a licence that will be, subject to the exclusion of an aircraft system or a subset of an aircraft system, CASA must not grant the rating unless it is subject to the exclusion of the aircraft system or subset.
73 Regulations 66.095 and 66.100
Repeal the regulations, substitute:
66.095 Grant of rating subject to exclusions
Not meeting requirements for excluded system
(1) Subject to regulation 11.055, CASA must grant a rating to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if:
(a) the applicant holds, or is an applicant for, a category B1 or B2 licence that is, or will be, subject to the exclusion of the aircraft system or subset; and
(b) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.080(1)(a); and
(c) CASA is satisfied that the applicant meets the requirements mentioned in subregulation 66.080(2) or (3), except the requirements for the aircraft system or subset.
(2) Subject to regulation 11.055, CASA must grant a rating to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system if:
(a) the applicant holds, or is an applicant for, a category B1 or B2 licence other than a licence that is, or will be, subject to the exclusion of the aircraft system or subset; and
(b) the application specifies that the rating is to be subject to the exclusion; and
(c) CASA is satisfied that the applicant meets the requirement mentioned in paragraph 66.080(1)(a); and
(d) CASA is satisfied that the applicant meets the requirements mentioned in subregulation 66.080(2) or (3), except the requirements for the aircraft system or subset.
Partially equivalent foreign licence or Defence Force aircraft authorisation
(3) Subregulation (4) applies if CASA has determined, under regulation 66.085 or 66.090, that;
(a) a foreign rating endorsed on a foreign licence that the applicant holds or has held; or
(b) a Defence Force aircraft rating endorsed on a Defence Force aircraft authorisation that the applicant holds or has held;
is partially equivalent to the rating applied for because the foreign rating or Defence Force aircraft rating does not cover an aircraft system or a subset of an aircraft system.
(4) Subject to regulation 11.055, CASA must grant the rating subject to the exclusion of the aircraft system or subset.
66.100 Training, assessment and experience for removal of exclusion from rating
If CASA grants a rating subject to an exclusion under regulation 66.095, CASA must decide:
(a) whether the training and assessment that is necessary for the removal of the exclusion:
(i) is of a kind that must be provided by a maintenance training organisation; or
(ii) is of a kind that may be provided either by a Part 145 organisation or a maintenance training organisation; and
(b) whether any practical experience is necessary for the removal of the exclusion.
74 Regulation 66.110
Repeal the regulation, substitute:
66.110 Removal of exclusion from rating
(1) The holder of a rating that is subject to the exclusion of an aircraft system or a subset of an aircraft system may apply to CASA for removal of the exclusion.
(2) Subject to regulation 11.055, CASA must remove the exclusion if:
(a) CASA is satisfied, on the basis of evidence received from a maintenance training organisation or a Part 145 organisation, that the holder has:
(i) successfully completed the aircraft type training for the aircraft type required by the Part 66 Manual of Standards for the aircraft system or subset; and
(ii) obtained any practical experience that, under regulation 66.100, is necessary to remove the exclusion; and
(b) the holder’s licence is not subject to the exclusion of the aircraft system or subset.
75 Subregulations 66.120(3) and (4)
Repeal the subregulations, substitute:
(3) For subregulation (2), the holder of an aircraft engineer licence exercises the privileges of the licence if:
(a) for a category A, B1 or B2 licence—the holder performs maintenance certifications or issues certificates of release to service under the licence; and
(b) for a category C licence—the holder issues certificates of release to service under the licence.
(4) For subregulation (2), a licensed aircraft maintenance engineer is taken to have had at least 6 months experience of exercising the privileges mentioned in the Part 66 Manual of Standards for a licence or for a rating endorsed on a licence if:
(a) he or she holds another aircraft engineer licence; and
(b) that licence is a category A, B1 or B2 licence; and
(c) he or she has had at least 6 months experience of exercising the privileges mentioned in the Part 66 Manual of Standards for that licence or a rating endorsed on that licence.
76 After subparagraph 66.130(1)(a)(ii)
Insert:
(iii) is not carried out on an aircraft system or a subset of an aircraft system that is excluded from his or her licence under regulation 66.026; and
77 Regulation 66.135
Repeal the regulation, substitute:
66.135 Category B1 and B2 licences—maintenance certification for Part 145 organisation
(1) A category B1 or B2 licence holder may perform maintenance certification on behalf of a Part 145 organisation for maintenance that was carried out on an aircraft of a particular type rated aircraft type only if subregulation (3), (4), (5) or (6) applies.
(2) However, the holder must not perform maintenance certification on behalf of a Part 145 organisation for maintenance carried out on an aircraft system, or a subset of an aircraft system, that is excluded from the holder’s licence under regulation 66.026.
Rating not subject to exclusion
(3) For subregulation (1), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the rating is not subject to the exclusion of an aircraft system or a subset of an aircraft system.
Rating subject to exclusion that does not apply
(4) For subregulation (1), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the rating is subject to the exclusion of an aircraft system or a subset of an aircraft system; and
(c) the maintenance is not carried out on an aircraft system or subset that is excluded from the rating under regulation 66.095.
Rating subject to exclusion—certification authorisation
(5) For subregulation (1), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the maintenance is carried out on an aircraft system or a subset of an aircraft system that is excluded from the rating under regulation 66.095 (the excluded system); and
(c) the holder has a certification authorisation from the organisation in relation to the aircraft type and the excluded system, granted in accordance with paragraph 145.A.37(b) of the Part 145 Manual of Standards.
No rating—certification authorisation
(6) For subregulation (1), this subregulation applies if:
(a) the holder’s licence is not endorsed with a rating for the aircraft type; and
(b) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with paragraph 145.A.37(b) or (c) of the Part 145 Manual of Standards.
66.136 Category B1 and B2 licences—maintenance certification for Subpart 42.F organisation
A category B1 or B2 licence holder may perform maintenance certification on behalf of a Subpart 42.F organisation for maintenance that was carried out on an aircraft of a particular type rated aircraft type only if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the holder has a certification authorisation from the organisation in relation to the aircraft type.
66.137 Category B1 and B2 licences—maintenance certification other than on behalf of approved maintenance organisation
A category B1 or B2 licence holder may perform maintenance certification other than on behalf of an approved maintenance organisation for maintenance that was carried out on an aircraft of a particular type rated aircraft type only if:
(a) the holder’s licence is endorsed with the rating for the aircraft type; and
(b) the maintenance is not carried out on an aircraft system or a subset of an aircraft system that is:
(i) excluded from the licence under regulation 66.026; or
(ii) excluded from the rating under regulation 66.095.
66.138 Category B1 and B2 licences—certificate of release to service issued on behalf of Part 145 organisation
A category B1 or B2 licence holder may issue a certificate of release to service on behalf of a Part 145 organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if:
(a) either:
(i) the holder’s licence is endorsed with a rating for the aircraft type; or
(ii) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with paragraph 145.A.37(b) or (c) of the Part 145 Manual of Standards; and
(b) the holder has a certification authorisation from the organisation to issue a certificate of release to service for an aircraft of that aircraft type, granted under section 145.A.35 of the Part 145 Manual of Standards.
66.139 Category B1 and B2 licences—certificate of release to service issued for Subpart 42.F organisation
A category B1 or B2 licence holder may issue a certificate of release to service on behalf of a Subpart 42.F organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if:
(a) the holder’s licence is endorsed with the rating for the aircraft type; and
(b) the holder has a certification authorisation from the organisation in relation to the aircraft type.
66.139A Category B1 and B2 licences—certificate of release to service issued other than on behalf of approved maintenance organisation
A category B1 or B2 licence holder may issue a certificate of release to service, other than on behalf of an approved maintenance organisation, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft only if the holder’s licence is endorsed with the rating for the aircraft type.
78 Subregulation 66.140(2)
Repeal the subregulation, substitute:
(2) A category C licence holder may issue a certificate of release to service for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft type only if:
(a) the holder’s licence is endorsed with the rating for the aircraft type; and
(b) the holder has a certification authorisation, from a Part 145 organisation, that:
(i) authorises the holder to issue a certificate of release to service for an aircraft of that aircraft type on behalf of the organisation; and
(ii) is granted under section 145.A.35 of the Part 145 Manual of Standards.
79 Subregulation 66.145(3)
Repeal the subregulation.
80 Subregulation 66.145(4)
Omit “subregulation (1), (2) or (3)”, substitute “this regulation”.
81 Subparagraph 66.155(2)(b)(iii)
Repeal the subparagraph, substitute:
(iii) he or she did not carry out the maintenance;
(iv) he or she carried out the maintenance on an aircraft system or a subset of an aircraft system that is excluded from his or her licence under regulation 66.026.
82 Regulation 66.165
Repeal the regulation, substitute:
66.165 Offence—maintenance certification on behalf of Part 145 organisations
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder performs maintenance certification on behalf of a Part 145 organisation; and
(b) the maintenance certification is for maintenance that was carried out on an aircraft of a particular type rated aircraft type; and
(c) at the time of performing the maintenance certification, none of subregulations (3), (4), (5) and (6) apply.
Penalty: 50 penalty units.
(2) A category B1 or B2 licence holder commits an offence if:
(a) the holder performs maintenance certification on behalf of a Part 145 organisation; and
(b) the maintenance certification is for maintenance that was carried out on an aircraft of a particular type rated aircraft type; and
(c) the maintenance is carried out on an aircraft system or a subset of an aircraft system that is excluded from the holder’s licence under regulation 66.026.
Penalty: 50 penalty units.
Rating not subject to exclusion
(3) For paragraph (1)(c), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the rating is not subject to the exclusion of an aircraft system or a subset of an aircraft system.
Rating subject to exclusion that does not apply
(4) For paragraph (1)(c), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the rating is subject to the exclusion of an aircraft system or a subset of an aircraft system; and
(c) the maintenance is carried out on an aircraft system or subset that is not excluded from the rating under regulation 66.095.
Rating subject to exclusion—certification authorisation
(5) For paragraph (1)(c), this subregulation applies if:
(a) the holder’s licence is endorsed with a rating for the aircraft type; and
(b) the maintenance is carried out on an aircraft system or a subset of an aircraft system that is excluded from the rating under regulation 66.095 (the excluded system); and
(c) the holder has a certification authorisation from the organisation in relation to the aircraft type and the excluded system, granted in accordance with paragraph 145.A.37(b) of the Part 145 Manual of Standards.
No rating—certification authorisation
(6) For paragraph (1)(c), this subregulation applies if:
(a) the holder’s licence is not endorsed with a rating for the aircraft type; and
(b) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with paragraph 145.A.37(b) or (c) of the Part 145 Manual of Standards.
(7) An offence against this regulation is an offence of strict liability.
66.166 Offence—maintenance certification on behalf of Subpart 42.F organisations
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder performs maintenance certification on behalf of a Subpart 42.F organisation; and
(b) the maintenance certification is for maintenance that was carried out on an aircraft of a particular type rated aircraft type; and
(c) at the time of performing the maintenance certification:
(i) the holder’s licence is not endorsed with the rating for the aircraft type; or
(ii) the holder does not have a certification authorisation from the organisation in relation to the aircraft type.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
66.167 Offence—maintenance certification other than on behalf of approved maintenance organisations
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder performs maintenance certification other than on behalf of an approved maintenance organisation; and
(b) the maintenance certification is for maintenance that was carried out on an aircraft of a particular type rated aircraft type; and
(c) at the time of performing the maintenance certification, the holder does not meet the requirements mentioned in subregulation (2).
Penalty: 50 penalty units.
(2) For paragraph (1)(c), the requirements are that:
(a) the holder’s licence is endorsed with the rating for the aircraft type; and
(b) the maintenance is not carried out on an aircraft system or a subset of an aircraft system that is:
(i) excluded from the licence under regulation 66.026; or
(ii) excluded from the rating under regulation 66.095.
(3) An offence against this regulation is an offence of strict liability.
66.168 Offence—certificate of release to service issued on behalf of Part 145 organisations
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder issues a certificate of release to service on behalf of a Part 145 organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft; and
(b) subregulation (2) does not apply.
Penalty: 50 penalty units.
(2) For paragraph (1)(b), this subregulation applies if, at the time of issuing the certificate of release to service:
(a) the holder’s licence is endorsed with a rating for the aircraft type; or
(b) the holder has a certification authorisation from the organisation in relation to the aircraft type, granted in accordance with paragraph 145.A.37(b) or (c) of the Part 145 Manual of Standards.
(3) An offence against this regulation is an offence of strict liability.
66.168A Offence—certificate of release to service issued on behalf of Subpart 42.F organisation
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder issues a certificate of release to service on behalf of a Subpart 42.F organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft; and
(b) at the time of issuing the certificate of release to service:
(i) the holder’s licence is not endorsed with the rating for the aircraft type; or
(ii) the holder does not have a certification authorisation from the organisation in relation to the aircraft type.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
66.169 Offence—certificate of release to service issued other than on behalf of approved maintenance organisation
(1) A category B1 or B2 licence holder commits an offence if:
(a) the holder issues a certificate of release to service, other than on behalf of an approved maintenance organisation, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft; and
(b) at the time of issuing the certificate of release to service, the holder’s licence is not endorsed with the rating for the aircraft type.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
83 Paragraphs 92.070(4)(d) and (e)
Repeal the paragraphs, substitute:
(d) the cargo is dangerous goods that have been marked and documented in accordance with this Part.
84 Subregulations 92.095(2), 92.100(1) and 92.105(1)
Omit “that has not been granted an exclusion under regulation 92.155 (as in force before 27 June 2011), or an exemption under Subpart 11.F, from compliance with this regulation”.
85 Subregulation 92.115(1)
Omit “that has not been granted an exclusion under regulation 92.155 (as in force before 27 June 2011), or an exemption under Subpart 11.F, from compliance with this regulation,”.
86 Subregulation 92.120(1)
Omit “a person who ships dangerous goods, and has not been granted an exclusion under regulation 92.155 (as in force before 27 June 2011), or an exemption under Subpart 11.F, from compliance with this regulation,”, substitute “a person who ships dangerous goods”.
87 Subregulation 92.125(1)
Repeal the subregulation, substitute:
(1) This regulation applies to a group A, B, C, D or E employee in Australia of an aircraft operator that is not an Australian operator.
88 Subregulation 92.130(1)
Repeal the subregulation, substitute:
(1) This regulation applies to a group A, B or E employee of an Australian operator who performs duties outside Australia.
89 Subregulation 92.140(5)
Omit all the words from and including “Unless granted an” to and including “with this regulation, a person”, substitute “A person”.
90 Subregulation 92.145(1)
Repeal the subregulation, substitute:
(1) This regulation applies to:
(a) an Australian aircraft operator that has any group A, B, C, D or E employees in Australia; and
(b) an Australian aircraft operator that has any group C or D employees outside Australia; and
(c) a person in Australia who:
(i) ships dangerous goods for carriage by aircraft; and
(ii) has any group F employees in Australia; and
(d) a ground handling agent or a freight forwarder that has any group A, B, C or E employees in Australia; and
(e) a screening authority.
91 Regulation 99.165
Repeal the regulation, substitute:
99.165 If initial drug test result is not positive
If the result of an initial drug test is not a positive result, the approved tester must, as soon as practicable after the result is returned:
(a) discard the body sample, or deal with the body sample in such a way that the sample cannot be identified as being given by the donor of it; and
(b) tell the donor the approved tester’s name and allocated number, if requested by the donor.
92 Paragraph 99.170(5)(a)
Omit “subregulations 99.175(1) and (2)”, substitute “subregulation 99.175(1)”.
93 Subregulation 99.175(1)
Omit “99.165 (1)(b) or”.
94 Paragraph 99.175(1)(f)
Repeal the paragraph, substitute:
(f) the initials of the tester and his or her allocated number;
(g) the details of any photographic identification provided by the donor;
(h) the make, model and serial number of the approved drug testing device used to conduct the initial drug test;
(i) the sample identifier allocated to the body sample taken for a confirmatory drug test by the approved tester (see paragraph 99.180(1)(a));
(j) a certification by the tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made by CASA under regulation 99.140;
(k) a certification by the tester about whether the device has been stored, tested, maintained and operated in accordance with the legislative instrument made by CASA under subregulation 99.145(2).
Note: Subregulation 99.180(7) may also require the notice to contain certain things.
95 Subregulations 99.175(2) and 99.255(2)
Repeal the subregulations.
96 Subregulation 99.255(5)
Omit “specified in regulation 99.265 in respect of the confirmatory alcohol test.”, substitute “specified in subregulation 99.265(1).”.
97 Paragraph 99.260(2)(b)
Omit “of THE initial”, substitute “of the initial”.
98 Regulation 99.265
Repeal the regulation, substitute:
99.265 Notice of alcohol test
(1) The notice given to the donor under subregulation 99.255(5) must contain the following:
(a) the donor’s name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor’s DAMP organisation (if any);
(b) the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for an alcohol test;
(c) the date, time and location of the place that the donor’s body sample was taken and tested;
(d) the test result;
(e) the applicable SSAA that the donor was performing or available to perform at the time the donor was tested;
(f) the make, model and serial number of the approved breathalyser used to conduct the testing of the body sample;
(g) the details of any photographic identification provided by the donor;
(h) a certification by the approved tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made under regulation 99.245;
(i) a certification by the tester about whether the breathalyser has been stored, tested, maintained and operated in accordance with the legislative instrument made under subregulation 99.250(3);
(j) the initials of the tester and his or her allocated number.
(2) The approved tester must ask the donor to sign the notice at the time the approved tester gives the notice to the donor.
99 Regulation 99.270
Repeal the regulation.
100 Subparagraph 99.385(2)(c)(i)
Omit “drug test”, substitute “alcohol test”.
101 Regulations 101.355, 139.080 and 143.035
Repeal the regulations.
102 Subregulation 147.010(1) (definition of aircraft type)
Omit “subregulation 66.010(1)”, substitute “regulation 66.010”.
103 Regulation 172.040
Repeal the regulation.
104 Paragraph 173.030(b)
Omit “activities subject to any conditions set out in the notice to the person mentioned in regulation 173.230:”, substitute “activities:”.
105 Regulation 201.004
Repeal the regulation, substitute:
201.004 Review of decisions
(1) In this regulation:
authorisation: see regulation 11.015.
Decisions made by CASA
(2) An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 201.004.
Table 201.004 Reviewable decisions
Item
A decision...
1
under a provision of these Regulations refusing to grant or issue, or cancelling, suspending or varying, an authorisation
2
under a provision of these Regulations imposing a condition on, or varying a condition of, an authorisation
3
under Division 11.F.1 or 11.F.2 refusing to grant an exemption
4
under regulation 21.043 refusing to consider an application for a type certificate
5
under regulation 21.855 refusing approval to remove or alter information on a critical part
6
under regulation 21.870 agreeing that it is impractical to mark information on a part
7
under subregulation 39.004(2) or (3) refusing to issue an instrument of approval or exclusion
8
under regulation 39.007 refusing to revoke or amend an Australian airworthiness directive
9
under regulation 45.090 refusing approval to place a design, mark or symbol on an aircraft
10
under regulation 45.105 directing where to place an aircraft’s markings
11
under regulation 45.150:
(a) directing where to place an aircraft’s aircraft registration identification plate; or
(b) refusing to give such a direction
12
under regulation 45.155 refusing approval to:
(a) remove an aircraft’s aircraft registration identification plate; or
(b) remove or alter a marking on such a plate
13
under regulation 47.130 cancelling the registration of an aircraft
14
under regulation 47.175 assigning fewer dealer’s marks to an aircraft dealer than were applied for by the dealer
15
under Subpart 67.B refusing to appoint a person as a DAME or DAO
16
under regulation 67.095 cancelling the appointment of a person as a DAME or DAO
17
under regulation 90.010 refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part 90
18
under regulation 137.040 refusing to approve a standard operations manual
19
under subregulation 137.045(6) refusing to accept:
(a) an application for an AOC submitted later than required under subregulation 137.045 (1); or
(b) a manual or schedule of differences that is submitted later than required under subregulation 137.045 (4); or
(c) an application for the variation of an AOC submitted later than required under subregulation 137.045 (5)
20
under regulation 137.080 refusing to approve a proposed amendment to an operations manual
21
under regulation 137.085 refusing to approve a proposed amendment to a schedule of differences
22
under regulation 137.090 refusing to approve a proposed amendment to a standard operations manual
23
under regulation 139.145 giving a direction
24
under regulation 139.252 designating, or refusing to designate, an aerodrome as an aerodrome to which A‑SMGCS applies
25
under Subpart 139.C:
(a) refusing to register an aerodrome; or
(b) suspending or cancelling the registration of an aerodrome
26
under regulation 202.343 or 202.344 determining that CASA would not have issued an aircraft maintenance engineer licence (within the meaning given by regulation 202.340) to a person
27
under regulation 202.345 determining that CASA would not have issued a CAO 100.66 maintenance authority (within the meaning given by regulation 202.340) to a person
Decisions made by authorised persons
(3) An application may be made to the Administrative Appeals Tribunal for the review of a decision that is:
(a) mentioned in item 1 or 2 of table 201.004; and
(b) made by a person who is an authorised person for the provision under which the decision is made.
Note 1: Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision reviewed.
Note 2: A decision mentioned in this regulation that is made by a delegate of CASA is reviewable under this regulation: see subsection 25(3A) of the Administrative Appeals Tribunal Act 1975.
106 Regulations 201.005 and 201.010
Repeal the regulations.
107 After subregulation 202.011(3)
Insert:
(4) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.
Penalty: 50 penalty units.
(5) An offence against this regulation is an offence of strict liability.
108 After subregulation 202.011E(2)
Insert:
(3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.
Penalty: 50 penalty units.
(4) An offence against this regulation is an offence of strict liability.
109 After subregulation 202.011F(2)
Insert:
(3) A person commits an offence if the person contravenes a condition specified in an instrument of exemption continued in force under this regulation.
Penalty: 10 penalty units.
110 Regulation 202.188
Repeal the regulation, substitute:
202.188 References to authorised release certificates (subparagraphs 42.420(5)(a)(i) and (b)(i))
For subparagraphs 42.420(5)(a)(i) and (b)(i), a reference to an authorised release certificate is taken to include an authorised release certificate, within the meaning given by subclause 18(1) of Part 2 of the Dictionary, that is issued before 27 June 2013.
111 Subregulation 202.191(2)
Repeal the subregulation, substitute:
(2) For paragraph 42.745(c), a reference to maintenance certification having been performed for maintenance carried out on an aircraft is taken to include, in relation to maintenance mentioned in paragraph (1)(b), certification of the completion of the maintenance in accordance with regulation 42ZE or 42ZN of CAR.
112 Subregulations 202.193(2) and (3)
Repeal the subregulations, substitute:
(2) For subparagraph 42.795(c)(i), a reference to maintenance having been carried out on the product in accordance with Part 42 is taken to include maintenance mentioned in paragraph (1)(b).
113 Subregulation 202.344(2)
Repeal the subregulation, substitute:
(2) CASA must determine:
(a) whether, under regulation 31 of CAR as in force immediately before 27 June 2011, CASA would have:
(i) issued an aircraft maintenance engineer licence to the person; and
(ii) entered an endorsement on the licence specifying limits of the work to which the licence related; and
(b) whether, under regulation 31C of CAR as in force immediately before 27 June 2011, CASA would have endorsed the licence with a rating.
114 Subregulation 202.344(2B)
Omit “in paragraphs 31(4)(c) and (e)”, substitute “in paragraphs 31(4)(b), (c) and (e)”.
115 Subregulation 202.344(3)
Repeal the subregulation, substitute:
(3) Subregulations (3A), (3B) and (3C) apply if CASA determines that CASA would have issued an aircraft maintenance engineer licence to the person.
(3A) The person is taken to have applied for an aircraft engineer licence of each category or subcategory that relates to a kind of aircraft, and a kind of maintenance, that would have been covered by the aircraft maintenance engineer licence and to meet:
(a) the requirements mentioned in regulation 66.025; or
(b) if the licence would have had an endorsement specifying limits of the work to which the licence related—the requirements in regulation 66.026 in relation to any aircraft system or subset of an aircraft system that would have been covered by the licence.
(3B) The person is taken to have applied for a rating for each type rated aircraft type that would have been covered by the aircraft maintenance engineer licence and to meet the requirements mentioned in regulation 66.080.
(3C) However, if the licence mentioned in subregulation (3B) would have had an endorsement specifying, for a particular type rated aircraft type, limits of the work to which the licence related, the person is taken:
(a) to have applied for a rating for the aircraft type; and
(b) to meet the requirements in regulation 66.095 in relation to any aircraft system or subset of an aircraft system that would have been covered by the licence in relation to the aircraft type.
116 After regulation 202.345
Insert:
202.345A Removal of exclusion from licence granted on basis of transitional provisions
(1) This regulation applies to the holder of an aircraft engineer licence if:
(a) the licence was granted on the basis of subregulation 202.341(2), 202.342(3), 202.343(3), 202.344(3) or 202.345(3); and
(b) the licence was granted subject to the exclusion of an aircraft system or a subset of an aircraft system; and
(c) the holder applies under subregulation 66.072(1) for the exclusion to be removed.
(2) The holder is taken to have evidence of the successful completion of training and assessment necessary for the removal of the exclusion, as mentioned in subregulation 66.072(3), if the holder meets the requirements of the CAR provisions in relation to the aircraft system or subset.
(3) The Civil Aviation Orders in force under subregulation 202.344(2B) when the application is made (if any) apply in relation to the CAR provisions.
(4) In this regulation:
CAR provisions means paragraphs 31(4)(b), (c) and (e) of CAR, as in force immediately before 27 June 2011.
(5) This regulation ceases to have effect at the end of 26 June 2015.
202.345B Removal of exclusion from rating on licence granted on basis of transitional provisions
(1) This regulation applies to the holder of a rating on an aircraft engineer licence if:
(a) the rating was granted on the basis of subregulation 202.341(2), 202.342(3), 202.343(3), 202.344(3) or 202.345(3); and
(b) the rating was granted subject to the exclusion of an aircraft system or a subset of an aircraft system; and
(c) the holder applies under subregulation 66.110(1) for the exclusion to be removed.
(2) The holder is taken to have evidence of the successful completion of aircraft type training and practical experience necessary for the removal of the exclusion as mentioned in paragraph 66.110(2)(a), if the holder meets the requirements of the CAR provisions in relation to the rating and the aircraft system or subset.
(3) The Civil Aviation Orders in force under subregulation 202.344(2B) when the application is made (if any) apply in relation to the CAR provisions.
(4) In this regulation:
CAR provisions means paragraphs 31(4)(b), (c) and (e) of CAR, as in force immediately before 27 June 2011.
(5) This regulation ceases to have effect at the end of 26 June 2015.
202.345C Application for rating on licence granted on basis of transitional provisions
(1) This regulation applies to the holder of an aircraft engineer licence if:
(a) the licence was granted on the basis of subregulation 202.341(2), 202.342(3), 202.343(3), 202.344(3) or 202.345(3); and
(b) the holder applies for a rating for an aircraft type under regulation 66.075.
(2) The holder is taken to meet:
(a) if the holder meets the requirements of the CAR provisions for the aircraft type—the requirements mentioned in regulation 66.080; or
(b) if the holder meets the requirements of the CAR provisions for the aircraft type other than in relation to one or more aircraft systems or subsets of an aircraft system—the requirements mentioned in regulation 66.095 to the extent covered by the CAR provisions.
(3) The Civil Aviation Orders in force under subregulation 202.344(2B) when the application is made (if any) apply in relation to the CAR provisions.
(4) In this regulation:
CAR provisions means paragraphs 31(4)(b), (c) and (e) of CAR, as in force immediately before 27 June 2011.
(5) This regulation ceases to have effect at the end of 26 June 2015.
117 Regulation 202.346
Repeal the regulation, substitute:
202.346 Having regard to other airworthiness authorities in granting aircraft engineer licences and ratings
If:
(a) a person mentioned in regulations 202.341 to 202.345 holds, or has held, an airworthiness authority of the kind mentioned in paragraph 33B(1)(a) of CAR, other than a CAO 100.66 maintenance authority; and
(b) CASA grants an aircraft engineer licence, or a rating on an aircraft engineer licence, to the person;
CASA must have regard to the authority in granting the licence or rating.
118 After regulation 202.347
Insert:
202.348 Aircraft licences granted subject to exclusions before commencement of regulation 66.026
An aircraft engineer licence granted subject to the exclusion of an aircraft system or a subset of an aircraft system under regulation 66.025 before the commencement of regulation 66.026 is taken to have been granted under regulation 66.026.
119 Part 1 of the dictionary (definition of aircraft engineer licence)
Omit “66.025:”, substitute “66.025 or 66.026:”.
120 Clause 1 of Part 3 of the dictionary (definition of permitted aircraft type)
Omit “subregulation 66.010(1)”, substitute “regulation 66.010”.
121 Clause 1 of Part 3 of the dictionary (paragraph (a) of the definition of permitted training)
Omit “subregulation 66.010(1)”, substitute “regulation 66.010”.
122 Clause 1 of Part 3 of the dictionary (definition of rating)
Omit “66.080,”, substitute “66.080 or 66.095,”.
123 Clause 1 of Part 3 of the dictionary (definition of type rated aircraft type)
Omit “subregulation 66.010(1)”, substitute “regulation 66.010”.
Part 2—Amendments of references to these regulations
Civil Aviation Regulations 1988
124 Amendments of listed provisions—references to these regulations
Omit “these regulations” (wherever occurring) and substitute “these Regulations” in the following provisions:
(a) subregulation 2(1) (definitions of air law examination, dual flying, licensed and military aircraft);
(b) subregulation 2(1) (definition of operating crew, paragraph (b) of the note);
(c) subregulation 2(1) (definition of specific subject);
(d) subregulations 2(2), (2A), (2B), (2C), (6), (7), (8), (9), (10), (11) and (12);
(e) paragraphs 2B(1)(a) and (b);
(f) subregulations 3(1), (2), (3), (4), (5) and (6), 4(1), 5(1) and (2), and 5A(2);
(g) paragraphs 6(1)(a) and (b);
(h) subregulation 37(1);
(i) paragraph 43(7)(a);
(j) subregulation 43(8);
(k) subparagraphs 43(13)(d)(ii) and 47(1)(a)(i);
(l) paragraphs 50E(4)(a), (b) and (c);
(m) regulation 5.08 (note);
(n) subregulations 5.54(1A) and (3A);
(o) regulation 5.148;
(p) subregulation 91(2);
(q) regulation 93;
(r) paragraphs 132(3)(a) and 133(1)(d) and (e);
(s) regulation 136;
(t) paragraph 139(1)(c);
(u) subregulation 159(1);
(v) subregulations 209(1) and 215(2);
(w) paragraph 224(2A)(a);
(x) subregulations 225(2), 234(3), 235(1) and 248(2);
(y) paragraph 262AN(2)(a);
(z) subregulation 263(2);
(za) paragraphs 264(1)(a) and 269(1)(a) and (b);
(zb) subregulations 282(1), (2) and (3);
(zc) paragraph 282(4)(b);
(zd) regulation 287;
(ze) subregulations 288(1), 289(1) and 296(1);
(zf) paragraph 296C(2)(a);
(zg) paragraphs 297(1)(c), (2)(a) and (b), and (3)(c), (f) and (g);
(zh) subregulation 297(4);
(zi) subregulations 301(1), 302(1), 303(1), and 305(1) and (1A);
(zj) regulation 306;
(zk) paragraphs 309(1)(a) and (b);
(zl) subregulation 309(2);
(zm) regulation 310;
(zn) regulation 312 (definition of original regulations).
Civil Aviation Safety Regulations 1998
125 Amendments of listed provisions—references to these regulations
Omit “these regulations” (wherever occurring) and substitute “these Regulations” in the following provisions:
(a) subregulation 1.003(2);
(b) regulations 1.007 and 21.012;
(c) subregulations 21.016(1) and 21.017(2);
(d) paragraph 21.017(4)(b);
(e) subregulation 21.017(5);
(f) paragraphs 21.021(a) and (b), and 21.029(1)(b);
(g) subregulations 21.033(1) and (3);
(h) paragraphs 21.035(1)(a), (2)(a) and (2)(b);
(i) subregulations 21.041(1) and (2), 21.050(2) and 21.081(3);
(j) paragraph 21.083(5)(c);
(k) subregulations 21.083(6) and 21.085(1) and (2);
(l) paragraphs 21.085(4)(c) and 21.101(2)(a);
(m) regulations 21.114, 21.137, 21.175 and 21.215;
(n) paragraphs 21.239(a) and (c), 21.253(b) and 21.303(3)(d);
(o) subregulation 21.321(2);
(p) paragraph 21.327(6)(c);
(q) subregulations 21.500(2), 21.502(1) and 21.601(2);
(r) paragraphs 21.607(1)(b), 23.006(c) and (d), and 25.005(c) and (d);
(s) regulation 26.002;
(t) paragraphs 27.004(c) and (d), and 29.004(c) and (d);
(u) regulations 31.002 and 32.002;
(v) paragraphs 33.004(c) and (d);
(w) paragraphs 35.004(c) and (d), and 99.215(9)(b);
(x) Part 1 of the dictionary (definition of incidental provisions).
Part 3—Additional amendments of references to these regulations
Civil Aviation Safety Regulations 1998
126 Amendments of listed provisions—references to these regulations
Omit “of these regulations” in the following provisions:
(a) paragraph 21.221(1)(b);
(b) subregulation 21.221(5);
(c) paragraph 21.223(1)(b);
(d) subregulation 21.223(6);
(e) paragraph 21.225(1)(b);
(f) subregulation 21.225(5).
Part 4—Amendments of references to the regulations
Civil Aviation Regulations 1988
127 Amendments of listed provisions—references to the regulations
Omit “the regulations” and substitute “these Regulations” in the following provisions:
(a) subregulation 288(2);
(b) Part 1 of Schedule 9, paragraph (b) of item 1.1.
Civil Aviation Safety Regulations 1998
128 Amendments of listed provisions—references to the regulations
Omit “the regulations” and substitute “these Regulations” in the following provisions:
(a) regulation 1.007;
(b) paragraph 65.033(1)(e);
(c) paragraph 99.175(2)(d);
(d) paragraph 99.265(3)(c);
(e) paragraph 139.712(1)(e);
(f) paragraph 143.017(1)(d);
(g) paragraph 171.017(1)(d);
(h) paragraph 172.022(1)(d).
Part 5—Amendments of decentralised tables of contents
Civil Aviation Safety Regulations 1998
129 Amendments of listed provisions—conversion of notes to decentralised tables of contents
Omit “Note This Part is made up as follows:” and substitute “Table of contents” in the following provisions:
(a) Part 1 (note);
(b) Part 11 (note);
(c) Part 21 (note);
(d) Part 22 (note);
(e) Part 23 (note);
(f) Part 25 (note);
(g) Part 26 (note);
(h) Part 27 (note);
(i) Part 29 (note);
(j) Part 31 (note);
(k) Part 32 (note);
(l) Part 33 (note);
(m) Part 35 (note);
(n) Part 39 (note);
(o) Part 42 (note);
(p) Part 45 (note);
(q) Part 47 (note);
(r) Part 60 (note);
(s) Part 65 (note);
(t) Part 66 (note);
(u) Part 67 (note);
(v) Part 90 (note);
(w) Part 91 (note);
(x) Part 92 (note);
(y) Part 99 (note);
(z) Part 101 (note);
(za) Part 137 (note);
(zb) Part 139 (note);
(zc) Part 143 (note);
(zd) Part 145 (note);
(ze) Part 147 (note);
(zf) Part 171 (note);
(zg) Part 172 (note);
(zh) Part 173 (note);
(zi) Part 200 (note);
(zj) Part 201 (note);
(zk) Part 202 (note).
Part 6—Additional amendments of decentralised tables of contents
Civil Aviation Safety Regulations 1998
130 Part 11 (table of contents)
Omit the entry for regulation 11.025, substitute:
11.025 Application of Part 11 to authorised persons
131 Part 11 (table of contents)
After the entry for regulation 11.077, insert:
11.080 Authorisations not transferable
132 Part 21 (table of contents)
Omit the entry for regulation 21.079.
133 Part 21 (table of contents)
Omit the entry for regulation 21.155.
134 Part 21 (table of contents)
Omit the entry for regulation 21.247.
135 Part 21 (table of contents)
Omit the entry for regulation 21.621, substitute:
21.621 Duration
136 Part 42 (table of contents)
After the entry for regulation 42.300, insert:
42.301 Who is permitted to carry out maintenance—organisations under NAA arrangement
137 Part 42 (table of contents)
After the entry for regulation 42.305, insert:
42.306 Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by NAA
138 Part 65 (at the end of the table of contents)
Add:
65.285 Effect of suspension or provisional suspension of authorisation
139 Part 66 (table of contents)
After the entry for regulation 66.025, insert:
66.026 Grant of licence subject to exclusion
140 Part 66 (table of contents)
After the entry for regulation 66.070, insert:
66.071 Endorsement on licence of licence exclusion
66.072 Removal of exclusion from licence
141 Part 66 (table of contents)
Omit the entries for regulations 66.095 and 66.100, substitute:
66.095 Grant of rating subject to exclusions
66.100 Training, assessment and experience for removal of exclusion from rating
142 Part 66 (table of contents)
Omit the entry for regulation 66.135, substitute:
66.135 Category B1 and B2 licences—maintenance certification for Part 145 organisation
66.136 Category B1 and B2 licences—maintenance certification for Subpart 42.F organisation
66.137 Category B1 and B2 licences—maintenance certification other than on behalf of approved maintenance organisation
66.138 Category B1 and B2 licences—certificate of release to service issued on behalf of Part 145 organisation
66.139 Category B1 and B2 licences—certificate of release to service issued for Subpart 42.F organisation
66.139A Category B1 and B2 licences—certificate of release to service issued other than on behalf of approved maintenance organisation
143 Part 66 (table of contents)
Omit the entry for regulation 66.165, substitute:
66.165 Offence—maintenance certification on behalf of Part 145 organisations
66.166 Offence—maintenance certification on behalf of Subpart 42.F organisations
66.167 Offence—maintenance certification other than on behalf of approved maintenance organisations
66.168 Offence—certificate of release to service issued on behalf of Part 145 organisations
66.168A Offence—certificate of release to service issued on behalf of Subpart 42.F organisation
66.169 Offence—certificate of release to service issued other than on behalf of approved maintenance organisation
144 Part 99 (table of contents)
Omit the entry for regulation 99.270.
145 Part 101 (table of contents)
Omit the entry for regulation 101.355.
146 Part 139 (table of contents)
Omit the entry for regulation 139.080.
147 Part 143 (table of contents)
Omit the entry for regulation 143.035.
148 Part 172 (table of contents)
Omit the entry for regulation 172.040.
149 Part 201 (table of contents)
Omit the entries for regulations 201.005 and 201.010.
150 Part 202 (table of contents)
After the entry for regulation 202.345, insert:
202.345A Removal of exclusion from licence granted on basis of transitional provisions
202.345B Removal of exclusion from rating on licence granted on basis of transitional provisions
202.345C Application for rating on licence granted on basis of transitional provisions
151 Part 202 (table of contents)
Omit the entry for regulation 202.346, substitute:
202.346 Having regard to other airworthiness authorities in granting aircraft engineer licences and ratings
152 Part 202 (table of contents)
After the entry for regulation 202.347, insert:
202.348 Aircraft licences granted subject to exclusions before commencement of regulation 66.026
Schedule 2—Repeal
Civil Aviation (Savings) Regulations (Statutory Rules 1995 No. 149)
1 The whole of the Regulations
Repeal the Regulations.
