Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 76
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government 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 2 June 2011
MARIE BASHIR
Administrator
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
Contents
1 Name of Regulations 2
2 Commencement 2
3 Amendment of Civil Aviation Safety Regulations 1998 2
4 Amendment of Civil Aviation Regulations 1988 2
Schedule 1 Amendments of Civil Aviation Safety Regulations 1998 3
Schedule 2 Amendments of Civil Aviation Regulations 1988 36
1 Name of Regulations
These Regulations are the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1).
2 Commencement
These Regulations commence on 27 June 2011.
3 Amendment of Civil Aviation Safety Regulations 1998
Schedule 1 amends the Civil Aviation Safety Regulations 1998.
4 Amendment of Civil Aviation Regulations 1988
Schedule 2 amends the Civil Aviation Regulations 1988.
Schedule 1 Amendments of Civil Aviation Safety Regulations 1998
(regulation 3)
[1] Paragraph 21.001 (a)
omit
certificates of airworthiness and export airworthiness approvals;
insert
certificates of airworthiness, export airworthiness approvals and modification/repair design approvals;
[2] After subregulation 21.003 (2)
insert
(2A) The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4).
Penalty: 25 penalty units.
(2B) For subregulation (2A), the approval is:
(a) a modification/repair design approval; or
(b) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475.
(3) It is a defence to a prosecution under subregulation (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect:
(a) was caused by improper maintenance or use; or
(b) was reported to CASA under another provision of these Regulations.
Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
[3] Subregulation 21.003 (4)
omit
subregulations (1) and (2):
insert
subregulations (1), (2) and (2A):
[4] Subregulation 21.003 (5)
omit
[5] Subregulation 21.003 (6)
omit
subregulations (1) and (2),
insert
subregulations (1), (2) and (2A),
[6] Subregulation 21.003 (10), including the note but not including the source reference
omit
[7] Regulation 21.005, heading
substitute
21.005 Manufacturers etc to provide aircraft flight manuals for certain aircraft
[8] Subregulations 21.005 (1) and (1A), including the note
substitute
(1) This regulation applies to an aircraft only if:
(a) the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and
(b) the aircraft was not flown before 1 March 1979.
(1A) If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an approved up-to-date aircraft flight manual that contains the information mentioned in subregulations (2) and (3).
Penalty: 25 penalty units.
(1B) If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an approved up-to-date aircraft flight manual that contains the information mentioned in subregulations (2) and (3).
Penalty: 25 penalty units.
[9] Subregulation 21.005 (2)
omit each mention of
aeroplane or rotorcraft
insert
aircraft
[10] Subregulation 21.005 (3), source note
omit
[11] After subregulation 21.005 (3), insert
(4) An offence against subregulation (1A) or (1B) is an offence of strict liability.
Source FARs section 21.5 modified.
[12] After regulation 21.005
insert
21.006 Approval of aircraft flight manuals
(1) The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA or an authorised person, in writing, for approval of a flight manual for the aircraft.
Note 1 An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations — see regulation 11.030.
Note 2 Part 11 deals with applications and decision making.
(2) Subject to regulation 11.055, CASA or the authorised person must approve the manual if CASA or the authorised person is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate.
Note Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
21.006A Approval of changes to aircraft flight manuals
(1) Any of the following persons may apply to CASA or an authorised person, in writing, for approval of a change to a flight manual for an aircraft:
(a) the registered operator of the aircraft;
(b) an applicant for any of the following:
(i) approval of a change in the type design for the aircraft;
(ii) a supplemental type certificate for the aircraft;
(iii) a modification/repair design approval for the aircraft;
(iv) an approval of a design for the modification of, or a repair to, the aircraft in accordance with a method specified in a legislative instrument issued under regulation 21.475.
Note 1 An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations — see regulation 11.030.
Note 2 Part 11 deals with applications and decision making.
(2) Subject to regulation 11.055, CASA or the authorised person must approve the change if CASA or the authorised person is satisfied that the manual as changed would comply with:
(a) if the applicant is not an applicant for an instrument mentioned in paragraph (1) (b) — the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate; or
(b) if the applicant is an applicant for an instrument mentioned in paragraph (1) (b) — the applicable airworthiness standards for the instrument.
Note Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(3) In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual.
21.007 Permissible unserviceabilities — unrepaired damage
(1) A person may apply to CASA or an authorised person for approval of damage to an Australian aircraft as a permissible unserviceability for the aircraft.
Note 1 An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations — see regulation 11.030.
Note 2 See Part 11 for other matters relating to applications and decisions.
(2) Subject to regulation 11.055, CASA or the authorised person must, for the purpose of these Regulations, approve the damage as a permissible unserviceability for the aircraft.
Note Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
21.007A Advice about major damage
(1) A person may ask CASA or an authorised person, in writing, to assess damage to an aircraft and advise whether the damage is major damage.
(2) If a person makes a request under subregulation (1), CASA or the authorised person must advise the person, in writing, whether, in the opinion of CASA or the authorised person, the damage is major damage.
Note Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person advises a person that the damage is not major damage.
21.008 Meaning of technical data
In this Part:
technical data, for the design of an aircraft, aircraft engine, propeller or appliance, or for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means:
(a) data that describes the design, including:
(i) the drawings and specifications necessary to define the configuration and design features of the aircraft, aircraft engine, propeller or appliance, or of the modification or repair, and a list of those drawings and specifications; and
(ii) information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and
(iii) the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and
(iv) the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and
(v) any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and
(b) engineering reports, including test plans and reports, used to show that the design complies with the applicable airworthiness standards for an instrument for the design.
21.009 Approval of technical data
(1) This regulation applies if technical data for a design is submitted to CASA or an authorised person in connection with an application for:
(a) a type certificate; or
(b) approval of a change in type design; or
(c) a supplemental type certificate; or
(d) a letter of ATSO design approval; or
(e) an ATSO authorisation; or
(f) a modification/repair design approval; or
(g) an APMA.
(2) Subject to regulation 11.055, CASA or the authorised person must approve the technical data if CASA or the authorised person is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument.
Note 1 See Part 11 for other matters relating to applications and decisions.
Note 2 Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
21.010 References to modifications and repairs in Part
(1) In this Part, a reference to a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance includes a reference to a modification of, or repair to, an aeronautical product for the aircraft, aircraft engine, propeller or appliance.
(2) Subregulation (1) applies regardless of whether, at the time of the modification or repair, the aeronautical product was fitted to the aircraft, aircraft engine, propeller or appliance.
[13] Subregulation 21.183 (2)
omit everything after
aircraft:
insert
(a) conforms to the type design; and
(b) has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and
(c) is in a condition for safe operation; and
(d) was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate.
[14] Subparagraph 21.185 (3A) (c) (i)
substitute
(i) an approved modification/repair design; or
[15] Subparagraph 21.190 (1) (d) (ii)
omit
approved maintenance data; and
insert
an approved modification/repair design; and
[16] Subregulation 21.303 (1)
substitute
(1) A person commits an offence if:
(a) the person produces a modification or replacement part for sale for installation on:
(i) a type certificated aircraft, aircraft engine or propeller; or
(ii) an aircraft, aircraft engine or propeller for which a foreign type certificate issued by the NAA of a recognised country is in force; and
(b) the part is not produced in accordance with an APMA.
Penalty: 50 penalty units.
[17] Subregulation 21.303 (1B)
omit
[18] After Subpart 21.L
insert
Subpart 21.M Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances
Division 21.M.1 Preliminary
21.400 Purpose of Subpart
This Subpart:
(a) sets out the requirements for the issue of modification/repair design approvals; and
(b) sets out the rules governing the holders of such approvals; and
(c) sets out circumstances in which certain designs are taken to be approved; and
(d) empowers CASA to issue legislative instruments.
21.402 Definitions for this Subpart
In this Subpart:
applicable airworthiness standards, for the design of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance, means:
(a) if CASA or an authorised person makes a determination under regulation 21.414 for the design — the proposed airworthiness standards for the design and the additional standards mentioned in the determination; or
(b) if CASA makes a determination under regulation 21.416 for the design — the proposed airworthiness standards other than the standards determined not to apply to the design; or
(c) if neither paragraph (a) nor paragraph (b) applies — the proposed airworthiness standards for the design.
proposed airworthiness standards, for a design for which a person has applied for a modification/repair design approval, means the airworthiness standards that are stated in the application to be the proposed airworthiness standards for the design.
Division 21.M.2 Modification/repair design approvals
21.405 Applications for modification/repair design approvals
(1) A person may apply to CASA or an authorised person, in writing, for a modification/repair design approval for the design of a modification of, or a repair to:
(a) an aircraft, aircraft engine, propeller or appliance; or
(b) 2 or more aircraft, aircraft engines, propellers or appliances of the same type.
(2) An application must include the following information:
(a) the applicant’s name and contact details;
(b) the make, model and serial number of each aircraft, aircraft engine, propeller or appliance to which the design of the modification or repair relates;
(c) if the design relates to a modification of, or repair to, one or more aircraft, the registration mark of each aircraft;
(d) a description of the modification or repair;
(e) the proposed airworthiness standards for the design;
(f) an outline of the means for demonstrating compliance with the proposed airworthiness standards.
Note 1 An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations — see regulation 11.030.
Note 2 Part 11 deals with applications and decision making.
(3) For an application relating to the design of a modification of, or repair to, an aircraft, aircraft engine or propeller for which there is a type certificate, type acceptance certificate or foreign type certificate, the proposed airworthiness standards for the design must be:
(a) either:
(i) the airworthiness standards that applied to the issue of the type certificate, type acceptance certificate or foreign type certificate; or
(ii) a specified later version of those standards; and
(b) any other standards that the applicant considers to be directly related to those standards.
(4) For an application relating to the design of a modification of, or repair to, an aircraft, aircraft engine or propeller not mentioned in subregulation (3), or an appliance, the proposed airworthiness standards for the design must be:
(a) either:
(i) the airworthiness standards that applied to the original certification (however described) of the aircraft, aircraft engine, propeller or appliance; or
(ii) a specified later version of those standards; and
(b) any other standards that the applicant considers to be directly related to those standards.
21.410 Refusal to grant approval if design constitutes major change in type design
CASA or the authorised person may refuse to grant a modification/repair design approval for the design without further consideration if CASA or the authorised person is satisfied that the design would constitute a major change in a type design.
Note A person may apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller — see Subpart 21.E.
21.414 Determination of additional airworthiness standards — special conditions
(1) This regulation applies if CASA or the authorised person is not satisfied that the proposed airworthiness standards for the design provide an adequate safety standard for the design in a particular respect.
Example
The modification or repair has a novel or unusual design feature.
(2) CASA or the authorised person may determine additional airworthiness standards for the design.
Note An additional airworthiness standard imposed in respect of a design is often called a ‘special condition’.
(3) The additional airworthiness standards must be appropriate to provide a level of safety for the aircraft, aircraft engine, propeller or appliance equivalent to the level of safety required by these Regulations for a comparable aircraft, aircraft engine, propeller or appliance.
(4) CASA or the authorised person must notify the applicant, in writing, of the determination.
21.416 Determination of non-application of airworthiness standards
(1) This regulation applies to the design of a modification of, or repair to, an aircraft if:
(a) the aircraft:
(i) is type certificated in the restricted category; or
(ii) is an aircraft to which subregulation 21.185 (3B) applies; and
(b) CASA is satisfied that a proposed airworthiness standard for the design is inappropriate for the purpose for which the aircraft is to be used.
(2) CASA may determine that the airworthiness standard does not apply to the design.
(3) CASA must notify the applicant, in writing, of the determination.
21.420 Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents
(1) The applicant must:
(a) show CASA or the authorised person that the design complies with the applicable airworthiness standards for the design; and
(b) give all of the technical data for the design to CASA or the authorised person for approval under regulation 21.009; and
(c) give CASA or the authorised person a copy of any instructions for continued airworthiness in respect of the design that are necessary to ensure that the modified aircraft, aircraft engine, propeller or appliance remains safe throughout its lifetime.
(2) If the design is for a modification of, or repair to, an aircraft and relates to a matter that is dealt with in the flight manual for the aircraft, the applicant must also give CASA or the authorised person a copy of the operating instructions and limitations in respect of the design, in the form of:
(a) an amendment to the flight manual; or
(b) a flight manual supplement.
21.425 Applicants to carry out necessary inspections and tests
(1) For paragraph 21.420 (1) (a), the applicant must carry out all inspections and tests necessary to show that the design complies with the applicable airworthiness standards for the design.
(2) Before testing a prototype of a modification or repair, the applicant must:
(a) establish the following for the prototype:
(i) that the materials and processes used to produce the prototype conform to the specifications for the design;
(ii) that all aeronautical products used in the prototype conform to the drawings in the design;
(iii) that the manufacturing processes, construction and assembly of the prototype conform to the manufacturing processes, construction and assembly specified in the design; and
(b) ensure that the accuracy of the equipment to be used for the test has been verified by a means that is traceable to:
(i) a standard recommended by the manufacturer of the equipment; or
(ii) a nationally or internationally recognised standard.
Example for subparagraph (b) (ii) of a standard that is nationally recognised
A standard maintained by the National Measurement Institute — see http://www.measurement.gov.au.
21.430 CASA or authorised person may carry out or observe certain tests
(1) For the purposes of considering an application, CASA or the authorised person may, by written notice given to the applicant, require the applicant to allow CASA or the authorised person to:
(a) carry out an inspection or test specified in the notice; or
(b) observe a test specified in the notice that the applicant carries out under regulation 21.425.
(2) The applicant must:
(a) allow CASA or the authorised person to:
(i) carry out an inspection or test specified in a notice under paragraph (1) (a); or
(ii) observe a test specified in a notice under paragraph (1) (b); and
(b) give CASA or the authorised person written notice of when and where a test specified in a notice under paragraph (1) (b) will be carried out:
(i) at least 10 business days before the test; or
(ii) as agreed between the applicant and CASA.
(3) Before giving a notice under subregulation (2), the applicant must establish the matters required by subregulation 21.425 (2).
(4) The applicant must ensure that no change that would affect the validity of the test is made to the prototype of the modification or repair after the notice under subregulation (2) is given and before:
(a) the test is carried out; or
(b) the aircraft, aircraft engine, propeller or appliance is tested or presented to CASA or the authorised person for testing.
21.435 Grant of modification/repair design approvals — grant by CASA
(1) This regulation applies if an application for a modification/repair design approval is made to CASA.
(2) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that:
(a) the requirements mentioned in subregulation (4) are met; and
(b) the design complies with the applicable airworthiness standards for the design.
(3) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that:
(a) the requirements mentioned in subregulation (4) are met; and
(b) the design does not comply with the applicable airworthiness standards for the design; but
(c) for each standard with which the design does not comply — the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard.
(4) For paragraphs (2) (a) and (3) (a), the requirements are that:
(a) the applicant has complied with regulations 21.420 and 21.425; and
(b) if CASA has given notice to the applicant under subregulation 21.430 (1) — the applicant has complied with subregulations 21.430 (2), (3) and (4); and
(c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and
(d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use.
Note Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
21.437 Grant of modification/repair design approvals — grant by authorised person
(1) This regulation applies if an application for a modification/repair design approval is made to an authorised person.
(2) Subject to regulation 11.055, the authorised person must grant the approval if the authorised person is satisfied that:
(a) the requirements mentioned in subregulation (4) are met; and
(b) the design complies with the applicable airworthiness standards for the design.
(3) Subject to regulation 11.055, the authorised person must grant the approval if:
(a) the authorised person is satisfied that the requirements mentioned in subregulation (4) are met; and
(b) the authorised person is not satisfied that the design complies with the applicable airworthiness standards for the design; but
(c) for each standard with which the authorised person is not satisfied that the design complies, CASA has made a determination under subregulation (6) — that:
(i) the design complies with the standard; or
(ii) the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard.
(4) For paragraphs (2) (a) and (3) (a), the requirements are that:
(a) the applicant has complied with regulations 21.420 and 21.425; and
(b) if the authorised person has given notice to the applicant under subregulation 21.430 (1) — the applicant has complied with subregulations 21.430 (2), (3) and (4); and
(c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and
(d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use.
Note Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(5) For paragraph (3) (c), if an authorised person is not satisfied that a design complies with an applicable airworthiness standard for the design, the authorised person must apply to CASA for a determination under subregulation (3) for the standard.
(6) CASA must determine:
(a) whether the design complies with the standard; and
(b) if the design does not comply with the standard, whether the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard.
(7) CASA must give written notice of the determination to the authorised person.
21.440 Form of modification/repair design approvals
If CASA or an authorised person grants a modification/repair design approval, the document issued to the applicant under regulation 11.060 must:
(a) set out:
(i) what the approval is; and
(ii) the name of the person to whom it is granted; and
(b) describe or otherwise identify the modification or repair; and
(c) specify, by reference to manufacturer, model and serial number, each aircraft, aircraft engine, propeller or appliance to which the design of the modification or repair relates.
21.445 Variation of modification/repair design approvals
(1) Regulations 21.405 to 21.440 apply to an application for a variation of a modification/repair design approval as if:
(a) each reference in those regulations to an approval were a reference to a variation of an approval; and
(b) each reference in those regulations to a design were a reference to a variation of a design.
(2) However, the applicant is not required to give CASA or an authorised person the technical data for the design or any other information that CASA or the authorised person already holds unless the data or information already given:
(a) is no longer correct; or
(b) no longer describes the design.
Division 21.M.3 Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method
Note For the definition of holder, see the Dictionary.
21.448 Approvals to which this Division applies
This Division applies to:
(a) modification/repair design approvals; and
(b) approvals granted in accordance with a method specified in a legislative instrument issued under regulation 21.475.
21.450 Transfer of modification/repair design approvals and approvals granted in accordance with alternative method
(1) The holder of an approval may transfer the approval to another person.
(2) However, an approval may be transferred only with the written agreement of the transferee.
(3) If an approval is transferred, the transferor must:
(a) write the transferee’s name on the document mentioned in regulation 21.440 (the approval document); and
(b) give the transferee:
(i) the approval document; and
(ii) a copy of each document or record that the holder of the approval is required to keep under regulation 21.455.
Penalty: 50 penalty units.
(4) If an approval is transferred, the transferor must, within 1 month after the transfer, notify CASA, in accordance with subregulation (5), of the transfer.
Penalty: 50 penalty units.
(5) A notice under subregulation (4) must:
(a) be in writing; and
(b) identify the approval being transferred; and
(c) state the name and address of the transferee; and
(d) state the date of the transfer.
(6) An offence against subregulation (3) or (4) is an offence of strict liability.
21.455 Record keeping and making records available to CASA
(1) The holder of an approval must keep documents and records about the design covered by the approval, including all technical data and test and inspection records, until:
(a) the end of 12 months after the approval ceases to be in force, otherwise than by being suspended under these Regulations; or
(b) the holder transfers the approval to another person;
whichever occurs first.
Penalty: 50 penalty units.
(2) CASA may, by notice in writing, require the holder to make a document or record, or a copy or extract of a document or record, available for inspection by CASA within a time specified in the notice.
(3) The holder must comply with the notice.
Penalty: 50 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict liability.
21.460 Instructions for continued airworthiness and flight manual supplement to be made available
(1) Subregulation (2) applies if the holder of an approval was required under paragraph 21.420 (1) (c), or under the method in accordance with which it was granted, to provide instructions for continued airworthiness in respect of a design.
(2) The holder must ensure that a copy of the current version of the instructions is available (electronically or otherwise) to any person who is required to comply with them.
Penalty: 50 penalty units.
(3) Subregulation (4) applies if the holder of an approval to which this Division applies was required under subregulation 21.420 (2), or under the method in accordance with which it was granted, to provide:
(a) an amendment to the flight manual for an aircraft; or
(b) a flight manual supplement for an aircraft.
(4) The holder must ensure that a copy of the current version of the amendment or supplement is available (electronically or otherwise) to the registered operator of the aircraft.
Penalty: 50 penalty units.
(5) An offence against subregulation (2) or (4) is an offence of strict liability.
Division 21.M.4 Other means of approval
21.465 Modifications and repairs directed by CASA
A design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance is taken to have been approved for the purpose of these Regulations if the design is contained in:
(a) a direction issued in writing by CASA; or
(b) an airworthiness directive.
21.470 Foreign modification/repair designs
A design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance is taken to have been approved for the purpose of these Regulations if the design is:
(a) approved by the NAA of a recognised country; or
(b) for a design of a modification or repair that relates to an aircraft, aircraft engine or propeller designed in a recognised country — published or issued by the foreign type certificate holder of the aircraft, aircraft engine or propeller under a system approved by the NAA of that country; or
(c) for a design of a modification or repair that relates to an appliance designed in a recognised country — published or issued by the manufacturer of the appliance under a system approved by the NAA of that country; or
(d) accepted by CASA under an agreement (however described) between CASA and the NAA of a Contracting State regarding approvals of designs for modifications and repairs.
21.475 CASA may issue instruments specifying alternative methods of approval of modifications and repairs
For subsection 98 (5A) of the Act, CASA may issue a legislative instrument specifying a method of approval of a design for the modification of, or a repair to, an aircraft, aircraft engine, propeller or appliance.
[19] Subregulation 21.611 (4), including the heading but not including the source reference
substitute
Who may apply for approval of change
(4) A person may apply for approval for a change to the design of an article under this Subpart only if the person:
(a) is the manufacturer that submitted the statement of conformance for the article; or
(b) has applied for an ATSO authorisation for the article.
Note A person may apply to CASA or an authorised person, in writing, for a modification/repair design approval for the design of a modification of, or a repair to, an appliance — see Subpart 21.M.
[20] Subregulation 42.015 (1), definition of Part 21 approval, except the note
substitute
Part 21 approval means:
(a) for a change to the type design of an aircraft, aircraft engine or propeller:
(i) an approval under regulation 21.095 or 21.098; or
(ii) an approval in a supplemental type certificate or a foreign supplemental type certificate; or
(iii) a modification/repair design approval; or
(iv) an approval taken to have been given under regulation 21.465 or 21.470; or
(v) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475; or
(vi) an approval that continues in force under regulation 202.054, 202.055 or 202.056; and
(b) for a change to the design of an aeronautical product other than an aircraft engine or propeller:
(i) a modification/repair design approval; or
(ii) an approval taken to have been given under regulation 21.465 or 21.470; or
(iii) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475; or
(iv) an approval that continues in force under regulation 202.054, 202.055 or 202.056.
[21] Paragraph 42.270 (1) (f)
substitute
(f) if the defect relates to a modification made in accordance with a design covered by any of the following approvals — the holder of the approval:
(i) a modification/repair design approval;
(ii) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475;
(iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056.
[22] Subregulation 42.270 (2), notes
substitute
Note Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form.
[23] After subregulation 42.270 (2)
insert
(3) It is a defence to a prosecution under subregulation (1) that relates to a failure to report a defect to the holder of an approval mentioned in subparagraph (1) (f) (iii) that the defendant:
(a) made all reasonable efforts to identify the holder of the approval; and
(b) was unable to identify the holder.
Note 1 A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
Note 2 See also Division 42.D.6 for other requirements relating to defects.
[24] Before regulation 202.050, in Subpart 202.AJ
insert
Division 202.AJ.1 Transitional provisions relating to certification of aircraft and aircraft components
202.049A Certain design standards taken to be applicable airworthiness standards for regulation 21.017
(1) A design standard for an aircraft:
(a) that was issued under regulation 21 of CAR; and
(b) that was in force immediately before 27 June 2011;
is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft for regulation 21.017.
(2) A design standard for an aircraft component:
(a) that was issued under regulation 21A of CAR; and
(b) that was in force immediately before 27 June 2011;
is taken, on and after 27 June 2011, to be an applicable airworthiness standard for the aircraft component for regulation 21.017.
[25] After regulation 202.052
insert
Division 202.AJ.2 Transitional provisions relating to approvals of designs of modifications and repairs
202.053 Approvals of systems of certification under regulation 34 of CAR
Despite the repeal of regulation 34 of CAR:
(a) an approval of a system of certification under that regulation, being an approval that was in force immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and
(b) CASA may vary, suspend or revoke the approval as if that regulation had not been repealed.
202.054 Approvals of designs of modifications and repairs under regulation 35 of CAR
(1) Despite the repeal of regulation 35 and subregulations 47 (4) and (7) of CAR:
(a) an approval of a design of a modification or repair that was in force under subregulation 35 (2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and
(b) an authorisation that was in force under subregulation 35 (3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and
(c) subregulations 47 (4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 35 of CAR, nor those subregulations, had been repealed; and
(d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 35 of CAR had not been repealed.
(2) If:
(a) before 27 June 2011, an application was made to CASA or an authorised person under regulation 35 of CAR for the approval of the design of a modification or repair; and
(b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011;
the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
202.055 Approvals of aircraft components for use as replacements under regulation 36 of CAR
(1) Despite the repeal of regulation 36 and subregulations 47 (4) and (7) of CAR:
(a) an approval of an aircraft component, or aircraft components included in a type of aircraft component, for use as a replacement that was in force under subregulation 36 (2) or (6) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and
(b) an authorisation that was in force under subregulation 36 (3) of CAR immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and
(c) subregulations 47 (4) and (7) of CAR, as in force immediately before 27 June 2011, continue to apply to such an authorisation as if neither regulation 36 of CAR, nor those subregulations, had been repealed; and
(d) CASA may vary, suspend or revoke such an approval or authorisation as if regulation 36 of CAR had not been repealed.
(2) If:
(a) before 27 June 2011, an application was made to CASA or an authorised person for an approval under regulation 36 of CAR; and
(b) the application was not finally determined by CASA or the authorised person immediately before 27 June 2011;
the application is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
202.056 Use of aircraft material for particular purposes under regulation 36A of CAR
(1) Despite the repeal of regulation 36A of CAR:
(a) a direction under subregulation 36A (2) of CAR that was in force immediately before 27 June 2011 continues in force on and after 27 June 2011 according to its terms; and
(b) subregulation 36A (3) of CAR, as in force immediately before 27 June 2011, continues to apply to such a direction as if regulation 36A of CAR had not been repealed; and
(c) CASA may vary, suspend or revoke such a direction as if regulation 36A of CAR had not been repealed.
(2) Despite the repeal of regulation 36A of CAR:
(a) an approval of an aircraft material, being an approval that was in force under subregulation 36A (3A) of CAR immediately before 27 June 2011, continues in force on and after 27 June 2011 according to its terms; and
(b) CASA may vary, suspend or revoke such an approval as if regulation 36A of CAR had not been repealed.
(3) If:
(a) before 27 June 2011, a person asked CASA or an authorised person to approve the use of aircraft material for a particular purpose under regulation 36A of CAR; and
(b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to approve the use of the material;
the request is taken, on and after 27 June 2011, to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
202.057 Approval of damage as permissible unserviceability under regulation 37 of CAR
If, before 27 June 2011, CASA gave an approval under subregulation 37 (1) of CAR in relation to damage to an Australian aircraft, or an aircraft included in a class of aircraft, the approval is taken, on and after 27 June 2011, to be an approval given by CASA under subregulation 21.007 (2).
202.058 Approval of changes to flight manuals under regulations 55 and 55A of CAR
(1) Despite the repeal of regulation 55 of CAR, an approval of a change to an aircraft’s flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given under regulation 21.006A.
(2) If:
(a) before 27 June 2011, a person asked CASA or an authorised person to approve a change to an aircraft’s flight manual under regulation 55 of CAR; and
(b) CASA or the authorised person has not, before 27 June 2011, decided whether or not to give the approval;
the request is taken, on and after 27 June 2011, to be an application for approval of the change made to CASA or the authorised person under regulation 21.006A.
(3) Despite the repeal of regulation 55A of CAR, an approval of a change to an aircraft’s flight manual that was in force under that regulation immediately before 27 June 2011 continues in force on and after 27 June 2011 as if it were an approval given by CASA under regulation 21.006A.
(4) If:
(a) before 27 June 2011, an application was made under regulation 55A of CAR for the approval of a change to an aircraft’s flight manual; and
(b) the application was not finally determined by CASA immediately before 27 June 2011;
the application is taken, on and after 27 June 2011, to be an application for approval of the change under regulation 21.006A.
Division 202.AJ.3 Transitional provisions relating to authorised persons
202.059 Authorised persons for regulations 35, 36 and 36A of CAR
(1) This regulation applies to a person who was, immediately before 27 June 2011, an authorised person appointed under regulation 6 of CAR for the purposes of regulation 35, 36 or 36A of CAR (as in force before 27 June 2011).
(2) CASA is taken to have appointed the person on 27 June 2011 under regulation 201.001 to be an authorised person for regulations 21.006A and 21.009 and the provisions of Subpart 21.M.
(3) The appointment is subject to the conditions to which the person’s appointment as an authorised person under regulation 6 of CAR was subject to immediately before 27 June 2011.
(4) However, the appointment expires:
(a) when the person’s appointment as an authorised person for regulation 35, 36 or 36A of CAR would have expired; or
(b) at the end of 26 June 2013; or
(c) when it is revoked;
whichever happens first.
[26] Dictionary, Part 1, after definition of approved maintenance data
insert
approved modification/repair design means a design for a modification or repair:
(a) for which there is a modification/repair design approval; or
(b) that is taken to be approved under regulation 21.465 or 21.470; or
(c) that is approved in accordance with a method specified in a legislative instrument issued under regulation 21.475; or
(d) for which there is an approval that continues in force under regulation 202.054, 202.055 or 202.056.
[27] Dictionary, Part 1, after definition of fireproof
insert
flight manual, for an aircraft — see clause 37 of Part 2 of this Dictionary.
[28] Dictionary, Part 1, after definition of model rocket
insert
modification/repair design approval means an approval granted under regulation 21.435 or 21.437.
[29] Dictionary, Part 2, after clause 35
insert
37 References to flight manual
A reference in these Regulations to an aircraft’s flight manual:
(a) is a reference to:
(i) if the aircraft’s type certification basis required the provision of an aircraft flight manual — that manual; or
(ii) if regulation 21.005 applies to the aircraft — the manual that must be given to the owner of the aircraft under that regulation; or
(iii) for an aircraft not mentioned in subparagraph (i) or (ii) — another document that contains the aircraft’s operating limitations and other information required for safe operation of the aircraft; and
(b) includes each amendment to the flight manual that:
(i) is approved by CASA or an authorised person under regulation 21.006A; or
(ii) is made at the direction of CASA under Subpart 11.G; or
(iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the NAA that issued the foreign type or supplemental type certificate; and
(c) includes each supplement to the flight manual that:
(i) is approved by CASA or an authorised person under regulation 21.006A; or
(ii) is made at the direction of CASA under Subpart 11.G; or
(iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the NAA that issued the foreign type or supplemental type certificate.
[30] Dictionary, Part 3, paragraph 10 (2) (b)
substitute
(b) the holder of any of the following for the design of a modification of, or a repair to, the aircraft or aeronautical product:
(i) a modification/repair design approval; or
(ii) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475; or
(iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056;
[31] Further amendments — supplemental type certificate or approved modification/repair design
The following provisions are amended by omitting ‘approved maintenance data’ and inserting ‘a supplemental type certificate or an approved modification/repair design’:
· paragraphs 21.183 (1) (b) and (3) (b)
· subparagraph 21.183 (4) (d) (ii)
· paragraph 21.183 (5) (b)
· paragraphs 21.184 (1) (b), (2) (b), (4) (d) and (5) (b)
· paragraphs 21.184A (1) (b), (2) (d) and (3) (b)
· paragraphs 21.185 (2) (b) and (4) (b).
Schedule 2 Amendments of Civil Aviation Regulations 1988
(regulation 4)
[1] Subregulation 2 (1), definition of design standard
omit
[2] Subregulation 2 (1), definition of flight manual
omit
[3] Subregulation 2 (1), definition of permissible unserviceability
substitute
permissible unserviceability, for an aircraft, means:
(a) a defect in the aircraft of a kind approved by CASA under regulation 37 as a permissible unserviceability for the aircraft; or
(b) damage to the aircraft of a kind approved by CASA or an authorised person under regulation 21.007 of CASR as a permissible unserviceability for the aircraft.
[4] Paragraph 2A (2) (b)
substitute
(b) specifications of how maintenance on an aircraft, aircraft component or aircraft material is to be carried out, in documents or designs approved under another provision of these Regulations; and
[5] Part 4, Division 1
omit
[6] Regulations 34, 35, 36 and 36A
omit
[7] Subregulation 37 (1)
omit
defect in, or damage to,
insert
defect in,
[8] Subparagraph 42U (1) (a) (i)
substitute
(i) has been approved under regulation 35, as in force before 27 June 2011; or
(ia) has been approved by a modification/repair design approval; or
(ib) has been approved by an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475 of CASR; or
(ic) is taken to have been approved under regulation 21.465 or 21.470 of CASR; or
[9] Subparagraph 42W (2) (b) (ii)
omit
regulation 36
insert
regulation 36, as in force before 27 June 2011,
[10] Sub-subparagraph 42W (2) (b) (iii) (B)
omit
America; and
insert
America; or
[11] After sub-subparagraph 42W (2) (b) (iii) (B)
insert
(C) by a modification/repair design approval; or
(D) by an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475 of CASR; or
[12] After subparagraph 42W (2) (b) (iii)
insert
(iv) is taken to have been approved for use as a replacement for the replaced component under regulation 21.465 or 21.470 of CASR; and
[13] Subparagraph 42W (4) (c) (i)
substitute
(i) was approved under regulation 35, as in force before 27 June 2011; or
(ia) was approved by a modification/repair design approval; or
(ib) was approved by an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475 of CASR; or
(ic) is taken to have been approved under regulation 21.465 or 21.470 of CASR; or
[14] Subregulation 42ZQ (2), definition of prescribed regulation
omit
36A,
[15] Subregulation 42ZQ (2), definition of related document, subparagraph (c) (i)
substitute
(i) was approved under regulation 35, as in force before 27 June 2011; or
(ia) was approved by a modification/repair design approval; or
(ib) was approved by an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475 of CASR; or
(ic) is taken to have been approved under regulation 21.465 or 21.470 of CASR; or
[16] After subregulation 47 (1)
insert
(1A) For subregulation (1), damage to an aircraft is taken not to be major damage if, under subregulation 21.007A (2) of CASR, CASA or an authorised person advises that the damage is not major damage.
[17] Subregulation 47 (4), including the penalty
omit
[18] Subregulation 47 (7), including the note
omit
[19] Regulations 54, 55 and 55A
substitute
54 Registered operators to maintain aircraft flight manuals
The registered operator of an aircraft must ensure that the aircraft’s flight manual is at all times appropriate for the aircraft, having regard to:
(a) any direction issued by CASA relating to the flight manual; and
(b) any modifications to the aircraft that would require amendment of the flight manual; and
(c) any instructions in relation to the flight manual from the holder of a type certificate, supplemental type certificate or modification/repair design approval that applies to the aircraft.
[20] Regulation 317A
omit
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
