Civil Aviation Safety Regulations 1998

These Regulations are the Civil Aviation Safety Regulations 1998.

These Regulations contain provisions based on the FARs.

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

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

Example:

21.013 Eligibility

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

Source FARs section 21.13 modified.

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

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

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

Part 1 contains:

definitions of certain expressions; and

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

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

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

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

The Dictionary is part of these Regulations.

Tables of contents do not form part of these Regulations.

In this regulation:

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

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

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

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

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

directly amend the text of these Regulations.

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

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

authorisations; and

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

directions; and

delegation of CASA’s powers; and

the issuing of Manuals of Standards.

Subpart 11.A contains preliminary matters and definitions.

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

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

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

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

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

Subpart 11.E is about renewal of a time-limited authorisation.

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

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

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

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

In this Part:

authorisation means:

a civil aviation authorisation other than:

an AOC; or

a delegation; or

the appointment of an authorised person; or

an authorisation issued by an ASAO; or

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

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

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

corporation means a legal person that is not an individual.

medical includes psychological and psychiatric.

officer, of a corporation, means:

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

in the case of a corporation of any other kind:

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

an employee or staff member of the corporation; or

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

time-limited authorisation means:

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

an authorisation granted by CASA for a specified period.

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

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

is in the approved form; and

includes all of the information required by the form.

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

Subpart 11.B—Applications for authorisations

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

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

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

in relation to such an application; and

if the organisation grants the authorisation—in relation to the following:

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

the conditions mentioned in regulations 11.070 to 11.074;

imposing a requirement under regulation 11.074 or 11.075;

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

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

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

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

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

In this regulation:

certification activity: see regulation 21.233.

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

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

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

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

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

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

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

if CASA has approved a form for the application—it is in the approved form and includes all of the information required by the form; and

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

it includes all the information required by these Regulations; and

it is accompanied by every document required by these Regulations; and

if a fee is payable for the application—that fee has been paid; and

if unmanned aircraft levy is payable for the application—that levy has been paid.

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

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

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

Subject to subregulation (2), if:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the agent fails to comply with the requirement.

Penalty: 30 penalty units.

Requirements for the applicant

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

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

a signed declaration stating that:

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

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

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

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

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

the applicant fails to comply with the requirement.

Penalty: 30 penalty units.

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

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

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

otherwise—5 years.

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

in relation to classes of declarations; or

in relation to particular declarations.

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

A person commits an offence of strict liability if:

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

the person fails to comply with the requirement.

Penalty: 30 penalty units.

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

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

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

an authorised person;

a member or special member of the Australian Federal Police;

a member of a police force or a police service of a State or Territory.

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

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

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

the agent or applicant fails to comply with the demand.

Penalty: 5 penalty units.

In this regulation:

test includes a written, oral or on-line examination and a practical assessment.

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

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

come to a specified CASA office at a specified time to be interviewed.

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

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

come to a specified CASA office at a specified time to be interviewed.

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

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

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

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

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

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

If CASA asks an applicant:

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

to provide evidence under subregulation (2);

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

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

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

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

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

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

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

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

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

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

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

anything else in its records about the applicant; and

the results of any demonstration or inspection under regulation 11.045.

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

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

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

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

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

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

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

the fact of the cancellation; and

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

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

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

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

where the applicant is a corporation—an officer of the applicant was a member or officer of the holder of the authorisation.

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

Subpart 11.BA—Granting authorisations etc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If the authorisation is an experimental certificate, CASA may grant the authorisation only if:

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

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.

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

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

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

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

if there is a requirement as to recency or currency of the applicant’s training or experience—meeting that requirement; and

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

having attained that standard; and

having been granted any medical certificate required; and

if particular attributes of character are required by or under these Regulations for that grant—having those attributes; and

if a standard of proficiency in an activity is required by or under these Regulations for that grant—meeting that standard of proficiency.

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

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

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

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

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

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

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

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

any evidence held by CASA that the applicant has contravened:

the Act or these Regulations; or

a law of another country relating to aviation safety; or

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

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

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

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

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

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

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

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

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

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

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

the effects of the operation and use of aircraft; and

the effects associated with the operation and use of aircraft.

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

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

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

if the decision was to grant the authorisation applied for:

if these Regulations provide for a certificate or other document to be issued to the applicant as evidence that he or she holds the authorisation—that document; and

if the decision included a decision to impose a condition that was not sought by the applicant—the reasons for the decision; or

if the decision was to refuse to grant the authorisation—the reasons for the decision.

Note: Most decisions in relation to authorisations are reviewable by the Administrative Review Tribunal—see Administrative Review Tribunal Act 2024 requires that a person affected by a reviewable decision be given notice of the existence of the right of review.section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 266 of the

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

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

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

An authorisation comes into effect:

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

if no day is so stated—on the date of the document or notice.

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

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.

CASA may impose or vary a condition only if CASA considers that it is necessary:

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

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

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.

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.

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

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:

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

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

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.

If:

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

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.

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

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

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

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

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

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

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

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

when the instrument comes into force; or

if a later time is stated in the instrument—at that time; and

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

when the authorisation comes into effect; or

if a later time is stated in the instrument—at that time.

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

the holder changes his, her or its name;

the holder changes any of the following addresses:

if the holder is an individual—his or her residential address;

if the holder is a corporation—the address of its registered office;

if the holder has given CASA an address to which notices may be sent—that address;

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

A person commits an offence if:

the person is the holder of an authorisation; and

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

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

Penalty: 50 penalty units.

The period is:

within 14 days after the change happens; or

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

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

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

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

A person commits an offence if the person:

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

changes his or her nationality; and

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

Penalty: 50 penalty units.

The period is:

within 14 days after the change happens; or

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

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

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

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

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

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

the holder ceases temporarily or permanently to carry on the business;

if the holder is an individual—the holder:

is declared bankrupt; or

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

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

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

if the holder is a member of a partnership—an event mentioned in paragraph (e) happens to any of the members;

if the holder is a corporation:

the holder:

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

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

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

A person commits an offence if:

the person is the holder of an authorisation; and

the person uses the authorisation in connection with an aviation-related activity of a business; and

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

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

Penalty: 50 penalty units.

The period is:

within 14 days after the change happens; or

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

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

In this regulation:

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

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

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

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

A person commits an offence if:

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

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

Penalty: 50 penalty units.

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

A person commits an offence if:

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

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

Penalty: 50 penalty units.

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

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

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

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

A person commits an offence if:

the person is the holder of an authorisation; and

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

the event happens; and

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

Penalty: 50 penalty units.

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

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

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

within 14 days after receiving the notice; or

if a different period is specified in the notice—within that period.

A person commits an offence if:

the person is the holder of an authorisation; and

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

the person does not give CASA the information or document:

within 14 days after receiving the notice; or

if a different period is specified in the notice—within that period.

Penalty: 50 penalty units.

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

A person commits an offence if:

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

the person contravenes the condition.

Penalty: 50 penalty units.

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

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

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

regulation 21.047 (type certificates);

regulation 21.179 (certificates of airworthiness);

regulation 21.219 (Class II provisional certificates of airworthiness);

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

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

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

The authorisation must comply with Chapter 5 of that Annex.

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

The authorisation must comply with paragraph 8.7.1.2 of that Annex.

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

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

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

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

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

The authorisation must set out:

what the authorisation is; and

any conditions applicable to it; and

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

any other information CASA thinks should be included.

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

that contains anything that is not, or is no longer, correct; or

from which anything has been omitted; or

that has been lost or destroyed.

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

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

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

the suspension or cancellation of the authorisation.

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

The holder of an authorisation may apply, in writing, for a variation of the authorisation.

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

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

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

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

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

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

CASA must, by written notice to the holder, suspend or cancel the authorisation.

Suspension or cancellation under this Subpart has effect:

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

if the holder does not specify such a time—when the holder is given written notice by CASA of the suspension or cancellation.

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

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

if the holder does not specify a time for that purpose—at the time CASA directs, by written notice to the holder.

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

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

the authorisation is not in force during the period of suspension.

If a time-limited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run.

Subpart 11.E—Time-limited authorisations

This Subpart sets out provisions relating to time-limited authorisations.

(1) This regulation applies in relation to a time-limited authorisation (the old authorisation) if:

at least:

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

in any other case, 21 days;

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

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

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

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

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

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

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

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

CASA makes a decision on the application; and

if the decision is to grant the new authorisation—the new authorisation comes into force.

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

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

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

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

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

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

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

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

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

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

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

matters relating to approved design organisations; and

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

Source FARs section 21.1 modified.

This Part does not apply to hang gliders or paragliders.

Note: The Part 103 Manual of Standards may make provision in relation to airworthiness requirements for hang gliders and paragliders (see regulation 103.030).

In this Subpart:

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

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

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

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

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

a reproduction for a fraudulent purpose of any instrument; or

an alteration for a fraudulent purpose of any instrument; and

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

CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice.

A notice must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term.

If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension.

Source FARs section 21.2 modified.

CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C.

A show cause notice must be in writing and must:

inform the holder of the facts or circumstances that, in CASA’s opinion, would justify the suspension or cancellation of the instrument; and

invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled.

The period stated in the notice must be reasonable, having regard to all the circumstances of the case.

(2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating:

that the certificate is cancelled; and

when the cancellation takes effect.

(3) The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day.

The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4):

an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;

a manufacturing process specified by it.

Penalty: 25 penalty units.

The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4).

Penalty: 25 penalty units.

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.

For subregulation (2A), the approval is:

a modification/repair design approval; or

an approval mentioned in regulation 21.475.

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:

was caused by improper maintenance or use; or

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).

The following occurrences must be reported as provided in subregulations (1), (2) and (2A):

fires caused by a system or equipment failure, malfunction, or defect;

an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components;

the accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin;

a malfunction, failure, or defect of a propeller control system;

a propeller or rotorcraft hub or blade structural failure;

flammable fluid leakage in areas where an ignition source normally exists;

a brake system failure caused by structural or material failure during operation;

a significant aircraft primary structural defect or failure caused by any self-generating condition (for example, fatigue or corrosion);

any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

an engine failure;

any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities;

a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft;

a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.

For subregulations (1), (2) and (2A), a report must:

be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and

include as much of the following information as is available and applicable:

the aircraft’s serial number;

the aircraft’s registration mark;

when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisation—the article serial number and model designation, as appropriate;

when the failure, malfunction, or defect is associated with an aircraft engine or propeller—the aircraft engine or propeller serial number, as appropriate;

identification of the product model;

identification of the part, component, or system involved (including the part number);

the nature of the failure, malfunction, or defect.

Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect.

Penalty: 25 penalty units.

If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive.

Penalty: 10 penalty units.

An offence against subregulation (7) or (8) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.3 modified.

This regulation applies to an aircraft only if:

the type certification basis for the aircraft did not require the provision of an aircraft flight manual; and

the aircraft was not flown before 1 March 1979.

If the owner of the aircraft takes delivery of the aircraft from the holder of the type certificate for the aircraft, the holder must give the owner, when the owner takes delivery, an aircraft flight manual that:

contains the information mentioned in subregulations (2) and (3); and

complies with subregulation (3A).

Penalty: 25 penalty units.

If the owner of the aircraft takes delivery of the aircraft from the manufacturer of the aircraft, the manufacturer must give the owner, when the owner takes delivery, an aircraft flight manual that:

contains the information mentioned in subregulations (2) and (3); and

complies with subregulation (3A).

Penalty: 25 penalty units.

The aircraft flight manual must contain the operating limitations and information required to be furnished in an aircraft flight manual or in manual material, markings, and placards, by the applicable regulations under which the aircraft was type certificated.

The maximum ambient atmospheric temperature for which engine cooling was demonstrated must be stated in the performance information section of the flight manual, if the applicable regulations under which the aircraft was type certificated do not require ambient temperature on engine cooling operating limitations in the flight manual.

For paragraphs (1A)(b) and (1B)(b):

the manual must have been approved for the aircraft:

by CASA, an authorised person or an approved design organisation under regulation 21.006; or

if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority; and

any changes to the manual made to the manual since it was approved for the aircraft must have been approved:

by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority or a person authorised to do so by the national aviation authority; or

if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals—by the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority.

An offence against subregulation (1A) or (1B) is an offence of strict liability.

Source FARs section 21.5 modified.

The holder of a type certificate for, or the manufacturer of, an aircraft to which regulation 21.005 applies may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a flight manual for the aircraft.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the manual if CASA or the authorised person or approved design organisation is satisfied that it complies with the airworthiness standards that applied to the issue of the aircraft’s type certificate, type acceptance certificate or foreign type certificate.

Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:

a decision refusing to issue, or cancelling, suspending or varying, an approval; or

a decision imposing a condition on an approval.

Any of the following persons may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a change to a flight manual for an aircraft:

the registered operator of the aircraft;

if the aircraft is a Part 103 aircraft—the owner of the aircraft;

an applicant for any of the following:

approval of a change in the type design for the aircraft;

a supplemental type certificate for the aircraft;

a modification/repair design approval for the aircraft;

an approval mentioned in regulation 21.475.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the change if CASA or the authorised person or approved design organisation is satisfied that the manual as changed would comply with:

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

if the applicant is an applicant for an instrument mentioned in paragraph (1)(b)—the applicable airworthiness standards for the instrument; or

if the aircraft is a non-type certificated aircraft—the airworthiness standards that applied to the issue of the aircraft’s certificate of airworthiness or permit under this Part.

Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:

a decision refusing to issue, or cancelling, suspending or varying, an approval; or

a decision imposing a condition on an approval.

In this regulation, a reference to a change to a flight manual includes a reference to a supplement to the flight manual.

A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2: See Part 11 for other matters relating to applications and decisions.

Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3).

Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:

a decision refusing to issue, or cancelling, suspending or varying, an approval; or

a decision imposing a condition on an approval.

For subregulation (2), the applicable airworthiness standards are:

for an aircraft for which there is a type certificate:

the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or

if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and

for an aircraft for which there is a type acceptance certificate:

the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or

if the application states that the applicant elects to comply with a later version of those standards—that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and

for a non-type-certificated aircraft:

the airworthiness standards that applied to the original certification (however described) of the aircraft; or

if the application states that the applicant elects to comply with a later version of those standards—that version of the standards.

An approval ceases to have effect at the earliest of the following times:

if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval—the end of that day;

if a maximum amount of flight time is stated in the approval—when the aircraft has been flown for that amount of flight time;

if a maximum number of flights is stated in the approval—when the aircraft has been flown for that number of flights;

the end of 1 year after the approval is given.

A person may ask CASA, an authorised person or a relevant approved design organisation, in writing, to assess damage to an aircraft and advise whether the damage is major damage.

CASA or the authorised person or approved design organisation must advise the person, in writing, whether, in the opinion of CASA or the authorised person or approved design organisation, the damage is major damage.

Note: Under regulation 47 of CAR, damage to an aircraft is taken not to be major damage if, under this regulation, CASA or an authorised person or approved design organisation advises a person that the damage is not major damage.

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:

data that describes the design, including:

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

information on dimensions, materials and processes necessary for making the aircraft, aircraft engine, propeller or appliance, or the modification or repair; and

the airworthiness limitations section of the instructions for the continued airworthiness of the aircraft, aircraft engine, propeller or appliance; and

the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine, propeller or appliance; and

any other data necessary to determine the airworthiness of the aircraft, aircraft engine, propeller or appliance; and

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.

This regulation applies if technical data for a design is submitted to CASA, an authorised person or a relevant approved design organisation in connection with an application for:

a type certificate; or

approval of a change in type design; or

a supplemental type certificate; or

a variation of a supplemental type certificate; or

approval of the product design of a Class II or Class III product; or

a letter of ATSO design approval; or

an ATSO authorisation; or

a modification/repair design approval; or

an APMA.

Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the technical data if CASA or the authorised person or approved design organisation is satisfied that the technical data demonstrates that the design complies with the applicable airworthiness standards for the instrument.

In this regulation:

Class II product: see regulation 21.132.

Note: For the meaning of Class III product, see the Dictionary.

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.

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.

In this Part, a reference to the national aviation authority of a recognised country includes a reference to EASA, whether or not EASA is performing a function on behalf of a recognised country.

To avoid doubt:

a foreign type certificate issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a foreign type certificate issued by the NAA of a recognised country; and

a certificate issued by EASA before 1 May 2014 that is equivalent to a supplemental type certificate that could have been issued by CASA is, and is taken to have been from the time it was issued, a foreign supplemental type certificate issued by the NAA of a recognised country; and

a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that was approved by EASA before 1 May 2014 is, and is taken to have been from the time it was approved, a design approved by the NAA of a recognised country; and

a manufacturing approval (however described) for an aircraft engine, propeller, material, part or appliance issued by EASA before 1 May 2014 is, and is taken to have been from the time it was issued, a manufacturing approval issued by the NAA of a recognised country.

Also to avoid doubt, a foreign supplemental type certificate cancelled by EASA before 1 May 2014 is taken to have been cancelled by the NAA of a recognised country.

In this Part:

recognised country means any of the following: Canada; France; Germany; Netherlands; New Zealand; United Kingdom; United States of America.

Canada;

France;

Germany;

Netherlands;

New Zealand;

United Kingdom;

United States of America.

(2) For Subpart 21.B, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

Australia and the Contracting State; or

CASA and the national aviation authority of the Contracting State;

for CASA to issue type acceptance certificates in relation to foreign type certificates or equivalent documents issued by the national aviation authority of the Contracting State.

(3) For Subpart 21.E, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

Australia and the Contracting State; or

CASA and the national aviation authority of the Contracting State;

for the acceptance of certificates (however described) that are equivalent to supplemental type certificates.

(4) For Subpart 21.M, a Contracting State, other than a country mentioned in subregulation (1), is a recognised country if there is an agreement (however described) between:

Australia and the Contracting State; or

CASA and the national aviation authority of the Contracting State;

for the acceptance of approvals of designs of modifications of, or repairs to, aircraft, aircraft engines, propellers or appliances.

In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft.

In this Part, a reference to a country with which Australia has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances includes a reference to a country with the national aviation authority of which CASA has an agreement for the acceptance of aircraft engines, propellers, materials, parts or appliances.

For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

required or permitted by these Regulations to be prescribed by the Part 21 Manual of Standards; or

necessary or convenient to be prescribed for carrying out or giving effect to this Part.

Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.

Subpart 21.B—Type certificates and type acceptance certificates

Note: A type certificate or a type acceptance certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

This Subpart prescribes:

requirements for the issue of:

type certificates for aircraft, aircraft engines and propellers; and

type acceptance certificates for aircraft; and

rules governing the holders of those certificates; and

rules dealing with the national aviation authorities of foreign countries.

Source FARs section 21.11 modified.

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

Source FARs section 21.13 modified.

Subject to regulation 11.055, CASA must issue a type certificate (except a type certificate mentioned in regulation 21.029) to an applicant for the certificate if the applicant:

is eligible, under regulation 21.013, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to certify that the applicant meets a criterion for entitlement to a type certificate under this Subpart.

If the approved design organisation is satisfied that the applicant meets the criterion, the organisation may give CASA a certificate to that effect.

For paragraph (1)(c), if an approved design organisation gives CASA a certificate under subregulation (3) in relation to a criterion, CASA need consider only that certificate in deciding whether the applicant meets the criterion.

For subregulation (3), regulations 21.021, 21.024, 21.025 and 21.026 apply to consideration by an approved design organisation of an application for a type certificate as if each reference to CASA in those regulations were a reference to the approved design organisation.

Despite regulation 21.013A, CASA must not issue a type certificate mentioned in regulation 21.021, 21.024, or 21.025, for an aircraft manufactured in another country, if:

a type acceptance certificate may be issued for the aircraft under regulation 21.029A; or

a type certificate may be issued for the aircraft under regulation 21.029.

An application for an aircraft type certificate must be accompanied by a three-view drawing of that aircraft and available preliminary basic data.

An application for an aircraft engine type certificate must be accompanied by a description of the engine design features, the engine operating characteristics, and the proposed engine operating limitations.

Source FARs section 21.15 modified.

If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers.

CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety.

A condition imposed under subregulation (2) may include operational limitations.

A special condition or other condition must be in writing, and set out in, or attached to, the type certificate.

A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.

Penalty: 50 penalty units.

An offence against subregulation (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.16 modified.

An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:

the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that are effective on the date of application for that certificate unless:

otherwise specified by CASA; or

compliance with later effective amendments is elected or required under this regulation; and

any special conditions imposed under regulation 21.016.

For special classes of aircraft (airships and other non-conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those airworthiness standards.

An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years, unless an applicant shows, before the application lapses, that the aircraft requires a longer period of time for design, development, and testing, and CASA approves a longer period.

If an application ceases to be effective, the applicant may:

file a new application for a type certificate and comply with all the provisions of subregulation (1) applicable to an original application; or

file for an extension of the original application and comply with the applicable airworthiness requirements of these Regulations that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type certificate by the time limit established under subregulation (3) for the original application.

If an applicant elects to comply with an amendment to these Regulations or the Part 21 Manual of Standards, or to any matter incorporated by reference in these Regulations, that is effective after the filing of the application for a type certificate, the applicant must also comply with any other amendment or incorporated matter that CASA considers is directly related to the application.

For primary category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

For intermediate category aircraft, the airworthiness standards are the airworthiness standards mentioned in Part 26 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or such other airworthiness criteria that CASA considers are appropriate to the specific design and intended use and provide a level of safety acceptable to CASA when the aircraft is operated under the conditions stated in its type certification basis.

If an airworthiness standard has been agreed by CASA or one of its predecessors after 30 September 1993 as a response to a design advice mentioned in section 100.3 or 100.6 of the Civil Aviation Orders, the standard continues to apply until 5 years after the date of approval of the design advice, unless the applicant elects to comply with a later standard.

Source FARs section 21.17 modified.

A type certificate for an aircraft, aircraft engine or propeller ceases to apply to an aircraft, aircraft engine or propeller of that type if:

a change is made in the design configuration, power, power limitations (engines), speed limitations (engines), or weight of the aircraft, aircraft engine or propeller that is so extensive that a substantially complete investigation of compliance with the requirements applicable under regulation 21.017 is necessary in the interests of aviation safety; or

in the case of a normal, utility, acrobatic, commuter or transport category aircraft, a change is made:

in the number of its engines or rotors; or

to engines or rotors using different principles of propulsion or to rotors using different principles of operation; or

in the case of an aircraft engine—a change is made in the principle of operation; or

in the case of propellers—a change is made in the number of blades or principle of pitch change operation.

A person who proposes to make a change mentioned in subregulation (1) may apply to CASA for a new type certificate for the aircraft, aircraft engine or propeller.

Source FARs section 21.19 modified.

An applicant is entitled to a type certificate for an aircraft (except an aircraft mentioned in regulation 21.027) in the normal, utility, acrobatic, commuter, or transport category, or for a manned free balloon, or for a special class of aircraft or an aircraft engine or propeller, if:

the applicant submits the type design, test reports, and computations necessary to show that the aircraft, aircraft engine or propeller to be certificated meets the applicable requirements of this Part, the airworthiness standards mentioned in these Regulations and any conditions subject to which the type certificate is to be issued; and

CASA is satisfied that the type design and the aircraft, engine or propeller meet the applicable requirements of this Part and the airworthiness standards mentioned in these Regulations, and any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and

for an aircraft—CASA is satisfied the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Source FARs section 21.21 modified.

The applicant is entitled to a type certificate for an aircraft in the primary category if:

the aircraft:

(i) is unpowered; is an aeroplane powered by a single, naturally aspirated engine with a 61 knots or less V_S0 stall speed as defined in FARs section 23.49; or is a rotorcraft powered by a single, naturally aspirated engine with a 29.3 kgm^-2 main rotor disc loading limitation, under sea level standard day conditions; and

has a maximum take-off weight of not more than 1225 kg or, if the aircraft is a seaplane, a maximum take-off weight of not more than 1530 kg; and

has a maximum seating capacity of not more than 4 persons, including the pilot; and

has an unpressurised cabin; and

the applicant has submitted to CASA:

except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(6); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

instructions for continued airworthiness in accordance with subregulation 21.050(2); and

a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

CASA is satisfied that:

the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(6); and

the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot-owner of the aircraft, as part of the aircraft’s type design or supplemental type design.

For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source FARs section 21.24 modified.

An applicant is entitled to a type certificate for an aircraft in the restricted category for one or more of the special purpose operations mentioned in subregulation (2) if:

the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

the aircraft:

meets the airworthiness requirements of the normal, utility, acrobatic, commuter or transport category, except those requirements that CASA considers are inappropriate for the special purpose for which the aircraft is to be used; or

is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America, and has been later modified for the special purpose operation or operations.

For subregulation (1), the special purpose operations are:

agricultural operations (for example, spraying, dusting, and seeding, and livestock and feral animal control); and

forest and wildlife conservation; and

firefighting; and

aerial surveying or scientific research (for example, photography, mapping, and oil and mineral exploration); and

patrolling (for example, pipelines, power lines, and canals); and

weather control and atmospheric research (for example, cloud seeding); and

aerial advertising (for example, skywriting, banner towing, airborne signs and public address systems); and

glider towing; and

target towing; and

target designation; and

any other operation similar to any of these operations.

Source FARs section 21.25 modified.

The applicant is entitled to a type certificate for an aircraft in the intermediate category if:

the aircraft:

(i) is an aeroplane with a 61 knots or less V_S0 stall speed as defined in FARs section 23.49; or is a rotorcraft with a 29.3 kgm^-2 main rotor disc loading limitation, under sea level standard day conditions; and

has a maximum take-off weight of not more than 1750 kg; and

has a maximum seating capacity of 4 persons, including the pilot; and

has an unpressurised cabin; and

the applicant has submitted to CASA:

except as provided by subregulation (3), a statement, in a form and manner acceptable to CASA, certifying that: the applicant has completed the engineering analysis necessary to demonstrate compliance with the applicable airworthiness requirements; the applicant has conducted appropriate flight, structural, propulsion, and systems tests necessary to show that the aircraft, its components, and its equipment are reliable and function properly; the type design complies with the airworthiness standards established for the aircraft under subregulation 21.017(7); and the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use; and

the flight manual required by regulation 21.005, including any information required to be furnished by the applicable airworthiness standards; and

instructions for continued airworthiness in accordance with subregulation 21.050(2); and

a report that: summarises how compliance with each provision of the type certification basis was determined; lists the specific documents in which the type certification data information is provided; lists all necessary drawings and documents used to define the type design; and lists all the engineering reports on tests and computations that the applicant must retain and make available under regulation 21.049 to substantiate compliance with the applicable airworthiness standards; and

CASA is satisfied that:

the aircraft complies with the airworthiness standards or other criteria established under subregulation 21.017(7); and

the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

An applicant may include a special inspection and preventive maintenance program, designed to be accomplished by the pilot-owner of the aircraft, as part of the aircraft’s type design or supplemental type design.

For aircraft manufactured outside Australian territory in a country with which Australia has a bilateral agreement for the acceptance of these aircraft, and from which the aircraft is to be imported into Australian territory, the statement required by subparagraph (1)(b)(i) must be made by the national aviation authority of the exporting country.

Source FARs section 21.24 modified.

(1) Except as provided in subregulation (2), an applicant is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6).

An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.

Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards:

mentioned in Part 33 or 35; or

prescribed by the Part 21 Manual of Standards.

CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination.

CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft.

Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027.

Source FARs section 21.27 modified.

Subject to regulation 11.055, CASA must issue a type certificate for an aircraft, aircraft engine or propeller manufactured in a foreign country and for which a foreign type certificate issued by the national aviation authority of a recognised country is not in force, if the aircraft, aircraft engine or propeller:

meets the applicable airworthiness requirements mentioned in regulation 21.017; or

meets the airworthiness requirements of a Contracting State and any other requirements imposed by CASA that are necessary to provide a level of safety equivalent to that provided under these Regulations for comparable aircraft, aircraft engines or propellers.

CASA may accept a certificate given by the national aviation authority of a Contracting State to the effect that an aircraft, aircraft engine or propeller meets the State’s airworthiness requirements as evidence of that fact.

An application for a type certificate under this regulation must be accompanied by:

any relevant certificate issued by the national aviation authority of a Contracting State; and

the relevant technical data.

CASA may inspect the aircraft, aircraft engine or propeller and carry out, or require the applicant to carry out, any tests and inspections necessary to enable CASA to decide whether or not to issue the type certificate.

Source FARs section 21.29 modified.

Subject to regulations 11.055, 21.029B and 21.029C, CASA must issue a type acceptance certificate for an aircraft manufactured in a foreign country, without making the type acceptance certificate subject to any conditions, if:

a foreign type certificate or equivalent document issued by the national aviation authority of a recognised country is in force for aircraft of that type; and

the applicant has given CASA:

evidence that the type design has been approved by the national aviation authority of the recognised country by issue of a type certificate or equivalent document; and

details of any equivalent safety determinations or waivers (however described) that were made in the course of the type certification; and

a copy of the applicable type certificate data sheet; and

a copy of the flight manual that contains all the available options applicable to the type, and that was approved by the national aviation authority that issued the foreign type certificate; and

a copy of the manufacturer’s instructions for continued airworthiness of the aircraft; and

a copy of the parts catalogue for the aircraft; and

a list of all current field service documents applicable to the aircraft; and

an undertaking from the holder of the foreign type certificate to continue to supply to CASA service bulletins and instructions for the continuing airworthiness of aircraft of that type and any amendments of the documents mentioned in subparagraphs (iv), (v), (vi) and (vii).

CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate.

Also, CASA may issue a type acceptance certificate subject to other conditions if:

there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and

CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and

there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and

there are no other practicable means of substantially reducing the threat to aviation safety.

A condition may include operational limitations.

A condition must be in writing, and set out in, or attached to, the type acceptance certificate.

A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.

Penalty: 50 penalty units.

An offence against subregulation (5) is an offence of strict liability.

Note: The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b).

CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if:

there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and

CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and

there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat.

If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029.

Note: The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c).

The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following:

the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

the airworthiness limitations section of the instructions for continued airworthiness:

as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or

for special classes of aircraft mentioned in subregulation 21.017(2)—as specified in the applicable airworthiness criteria;

the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

for primary and intermediate category aircraft, if maintenance on the aircraft is to be carried out by the pilot-owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot-owner;

any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

The type design for an aircraft, aircraft engine or propeller type certificated under regulation 21.029 consists of the following:

the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;

information on dimensions, materials, and processes necessary to define the structural strength of the aircraft, aircraft engine or propeller;

the airworthiness limitations section of the instructions for continued airworthiness:

as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35 and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as otherwise required by CASA; or

for special classes of aircraft mentioned in subregulation 21.017(2)—as specified in the applicable airworthiness criteria;

the operating limitations and other information necessary for the safe operation of the aircraft, aircraft engine or propeller as required by the airworthiness standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, and as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2);

for primary category aircraft, if maintenance on the aircraft is to be carried out by the pilot-owner of the aircraft—a special inspection and preventive maintenance program designed to be accomplished by the pilot-owner;

any other data necessary to allow, by comparison, the determination of the airworthiness of later aircraft, aircraft engines or propellers of the same type.

The type design for an aircraft type certificated under regulation 21.029A consists of the type design that was accepted by the national aviation authority of the recognised country that issued the foreign type certificate for the aircraft.

Source FARs section 21.31 modified.

CASA is not required to issue, under regulation 21.013A, a type certificate for an aircraft, aircraft engine or propeller unless the applicant allows CASA to make any inspection and any flight and ground test necessary to determine that the aircraft, aircraft engine or propeller complies with the applicable requirements of these Regulations. However:

no aircraft, aircraft engine, propeller, or part thereof may be presented to CASA for test unless compliance with paragraphs (2)(b), (c) and (d) has been shown for that aircraft, aircraft engine, propeller, or part thereof; and

no change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with paragraphs (2)(b), (c) and (d) is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to CASA for test.

Each applicant must make all inspections and tests necessary to determine:

compliance with the applicable airworthiness requirements; and

that the aircraft, aircraft engine or propeller and its materials conform to the specifications in the type design; and

that parts of the aircraft, aircraft engine or propeller conform to the drawings in the type design; and

that the manufacturing processes, construction and assembly conform to those specified in the type design.

(3) For an aircraft with not more than 2 seats, a maximum take-off weight not exceeding 750 kg and a 45 knots or less V_S0 stall speed as defined in FARs section 23.49 that is to be type certificated in the primary category or intermediate category, an authorised person may make any determination, inspection, flight test or ground test necessary to establish whether the aircraft complies with the applicable requirements of these Regulations.

Source FARs section 21.33 modified.

Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must make the tests listed in subregulation (2). Before making the tests the applicant must show CASA:

compliance with the applicable structural requirements of these Regulations; and

completion of necessary ground inspections and tests; and

that the aircraft conforms with the type design; and

that CASA received a flight test report from the applicant (signed, in the case of an application for a type certificate for an aircraft in the transport category, by the applicant’s test pilot) containing the results of the tests.

Upon showing compliance with subregulation (1), the applicant must make all flight tests that CASA considers are necessary:

to determine compliance with the applicable requirements of these Regulations; and

for aircraft to be type certificated under these Regulations, except gliders and except aeroplanes of 2720 kg or less maximum certificated weight in the normal, utility, acrobatic, or commuter category—to determine whether there is reasonable assurance that the aircraft, its components, and its equipment are reliable and function properly.

Each applicant must, if practicable, make the tests prescribed in paragraph (2)(b) upon the aircraft that was used to show compliance with:

paragraph (2)(a); and

for rotorcraft—the rotor drive endurance tests prescribed in the applicable airworthiness standards mentioned in Parts 27 and 29 or prescribed by the Part 21 Manual of Standards.

Each applicant must show CASA for each flight test (except in a glider or a manned free balloon) that adequate provision is made for the flight test crew for emergency egress and the use of parachutes.

Except in a manned free balloon, an applicant must discontinue flight tests under this regulation until the applicant shows CASA that corrective action has been taken, whenever:

the applicant’s test pilot is unable or unwilling to make any of the required flight tests; or

items of non-compliance with requirements are found that may make additional test data meaningless or that would make further testing unduly hazardous.

The flight tests prescribed in paragraph (2)(b) must include:

for aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft—at least 300 hours of operation with a full complement of engines that conform to a type certificate; and

for all other aircraft—at least 150 hours of operation.

Source FARs section 21.35 modified.

Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must provide a person holding an appropriate:

class rating; or

type rating; or

balloon class endorsement within the meaning of subregulation 5.01(1) of CAR; or

authorisation under regulation 61.140; or

authorisation under regulation 5.50 of CAR;

to make the flight tests required by this Part.

Source FARs section 21.37 modified.

Each applicant for a type certificate mentioned in regulation 21.021 (except a type certificate issued under regulation 21.029) must submit a report to CASA showing the computations and tests required in connection with the calibration of instruments used for test purposes and in the correction of test results to standard atmospheric conditions.

Each applicant must allow CASA to conduct any flight tests that CASA is satisfied is necessary to check the accuracy of the report submitted under subregulation (1).

Source FARs section 21.39 modified.

In these Regulations, unless the contrary intention appears:

foreign type certificate, for an aircraft, aircraft engine or propeller:

means a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country and is equivalent to a type certificate; but

does not include a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of a foreign country solely on the basis of a certificate (however described) for the aircraft, aircraft engine or propeller that is issued by the national aviation authority of another country and is equivalent to a type certificate.

type certificate, for an aircraft, aircraft engine or propeller, means a type certificate issued by CASA under regulation 21.013A or 21.029 certifying that the aircraft, aircraft engine or propeller meets the airworthiness standard mentioned for it in the certificate.

(2) In these Regulations, except in this Subpart, a reference to a type certificate, or foreign type certificate, for an aircraft, aircraft engine or propeller, includes a reference to the type design, the operating limitations, the type certificate data sheet, the applicable airworthiness standards with which the certificate records compliance, and any other conditions or limitations prescribed for the aircraft, aircraft engine or propeller under these Regulations.

Source FARs section 21.41 modified.

Despite regulation 21.013A, CASA is not required to consider an application for a type certificate for an aircraft, aircraft engine or propeller (except an application under regulation 21.029) if the manufacturing facilities for the aircraft, aircraft engine or propeller are located outside Australian territory, unless the location of the manufacturer’s facilities places no undue burden on CASA in administering applicable airworthiness requirements.

Source FARs section 21.43 modified.

(1) The holder of a type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

the certificate; and

a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

However, the certificate may be transferred only with the written consent of the transferee.

The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

the date of the transfer; and

the name and address of the transferee.

Penalty: 50 penalty units.

An offence against this regulation is an offence of strict liability.

Source FARs section 21.047 modified.

(1) The holder of a type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

the date of the licensing agreement; and

the name and address of the licensee; and

the benefits conferred on the licensee.

Penalty: 50 penalty units.

The licensor commits an offence if:

the licensing agreement is terminated; and

the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty: 50 penalty units.

An offence against this regulation is an offence of strict liability.

Source FARs section 21.047 modified.

The holder of a type certificate must make the certificate, and the type design of the aircraft, aircraft engine or propeller described or identified in the certificate, available for examination by CASA upon the request of CASA.

Penalty: 5 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.49 modified.

The holder of a type certificate for an aircraft for which an aircraft Maintenance Manual containing an “Airworthiness Limitations” section has been approved as part of the type design and who obtains approval of changes to any replacement time, inspection interval, or related procedure in that section of the manual must make particulars of the changes available upon request to any operator of the same type of aircraft.

Penalty: 5 penalty units.

The holder of a design approval, including either the type certificate or supplemental type certificate for an aircraft, aircraft engine, or propeller must furnish at least one set of complete Instructions for Continued Airworthiness, prepared in accordance with the applicable airworthiness standards mentioned in Parts 22, 23, 25, 27, 26, 29, 31, 32, 33 and 35, and the airworthiness standards prescribed by the Part 21 Manual of Standards, or as specified in the applicable airworthiness criteria for special classes of aircraft mentioned in subregulation 21.017(2), as applicable, to the owner of each type of aircraft, aircraft engine, or propeller upon its delivery, or upon issue of the first standard certificate of airworthiness for the affected aircraft, whichever occurs later, and thereafter, on request by a person required by these Regulations to comply with any of the terms of the instructions, give them to the person. In addition, changes to the Instructions for Continued Airworthiness shall be made available to any person who requests the changes and who is required by these Regulations to comply with any of those instructions.

Penalty: 5 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.50 modified.

Subject to regulation 21.019, a type certificate or type acceptance certificate remains in force until it is cancelled.

Despite subregulation (1), a type certificate or type acceptance certificate is not in force during any period of suspension.

CASA may suspend or cancel a type certificate if there are reasonable grounds for believing that the type certificate no longer provides a reliable guide that the aircraft can reasonably be expected to be safe for its intended use when operated under any conditions limiting its intended use.

CASA may suspend or cancel a type acceptance certificate if:

there are reasonable grounds for believing that not doing so would constitute a significant threat to aviation safety; and

CASA has consulted the operator of the aircraft, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

CASA has considered the views of the operator, the manufacturer and the national aviation authority before deciding whether to suspend or cancel the type acceptance certificate.

If CASA suspends or cancels a type certificate it must:

notify the certificate holder in writing of the suspension or cancellation; and

(b) publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

(6) If CASA suspends or cancels a type acceptance certificate CASA must publish a notice of the suspension or cancellation, in accordance with subregulation (8), in the Gazette.

(7) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

A notice of suspension or cancellation under paragraph (5)(b) or subregulation (6) must set out:

the grounds for the suspension or cancellation; and

when the suspension or cancellation takes effect; and

in the case of a suspension—when the suspension stops having effect.

Source FARs section 21.51 modified.

Note 1: The power of CASA to suspend or cancel a type acceptance certificate under subregulation (4) must be exercised by the Director personally: see paragraph 11.260(2)(d).

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of type acceptance certificates.

Each applicant must submit to CASA a statement of conformity in a manner and form acceptable to CASA for each aircraft engine and propeller presented to CASA for type certification. This statement of conformity must include a statement that the aircraft engine or propeller conforms to the type design therefor.

Each applicant must submit to CASA a statement of conformity for each aircraft or part thereof presented to CASA for tests. This statement of conformity must include a statement to the effect that the applicant has complied with subregulation 21.033(1).

Source FARs section 21.53 modified.

Subpart 21.C—Provisional type certificates

Note: A provisional type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

This Subpart prescribes:

requirements for the issue of provisional type certificates, approvals of amendments to provisional type certificates, and approvals of provisional amendments to type certificates; and

rules governing the holders of those certificates.

Source FARs section 21.71 modified.

A manufacturer of aircraft manufactured in Australian territory is eligible to apply for a Class I or Class II provisional type certificate for the aircraft, for approval of an amendment to a Class I or Class II provisional type certificate held by the manufacturer, and for approval of a provisional amendment to a type certificate held by the manufacturer.

Any manufacturer of aircraft manufactured in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import is eligible to apply for a Class II provisional type certificate, for approval of amendments to Class II provisional type certificates held by the manufacturer, and for approval of provisional amendments to type certificates held by the manufacturer.

An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated aircraft engines manufactured by the manufacturer in Australian territory is eligible to apply for a Class I provisional type certificate for the aircraft, and for approval of amendments to Class I provisional type certificates held by the manufacturer, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate, restricted or transport category.

Source FARs section 21.73 modified.

Applications for provisional type certificates, for approval of amendments thereto, and for approval of provisional amendments to type certificates must be submitted in writing to CASA, and must be accompanied by the pertinent information specified in this Subpart.

Source FARs section 21.75 modified.

Subject to regulation 11.055, CASA must issue a provisional type certificate, or an approval of amendments to a provisional type certificate, or an approval of provisional amendments to a type certificate, to an applicant for the certificate or approval if the applicant:

is eligible, under regulation 21.073, to apply for the certificate or approval; and

applies for the certificate or approval in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate or approval; and

otherwise complies with this Part.

Unless sooner superseded or cancelled, provisional type certificates and amendments thereto are effective for the periods specified in this regulation.

A Class I provisional type certificate is effective for 24 months after the date of issue.

A Class II provisional type certificate is effective for 12 months after the date of issue.

An amendment to a Class I or Class II provisional type certificate is effective for the duration of the amended certificate.

A provisional amendment to a type certificate is effective for 6 months after its approval or until the amendment of the type certificate is approved, whichever is first.

Source FARs section 21.77 modified.

CASA may suspend or cancel a provisional type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

A notice must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Despite regulation 21.077, a provisional type certificate is not effective while it is suspended but the suspension period counts as part of a period mentioned in subregulation 21.077(2) or (3).

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional type certificates.

An applicant for a type certificate or a supplemental type certificate is entitled to the issue of a Class I provisional type certificate, or an approval of an amendment of a Class I provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the relevant aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the requirements and limitations:

established by the applicant under subregulation (4); and

under Division 91.T.3.

The applicant must certify that:

the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate or supplemental type certificate applied for; and

the aircraft substantially meets the applicable flight characteristic requirements for the type certificate or supplemental type certificate applied for; and

the aircraft can be operated safely under the appropriate operating limitations specified in subregulation (1).

The applicant must submit a report to CASA showing that the aircraft had been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate or supplemental type certificate applied for, and to establish that the aircraft can be operated safely in accordance with the limitations contained in these Regulations.

The applicant must establish all limitations required for the issue of the type certificate or supplemental type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

The applicant must show CASA that a prototype aircraft has been flown for at least 50 hours under an experimental certificate or under the auspices of the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America. However, in the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source FARs section 21.81 modified.

An applicant who manufactures an aircraft within Australian territory, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the requirements and limitations:

set out in the provisional aircraft flight manual (if any) required by subregulation (7); and

under Division 91.T.3.

An applicant who manufactures an aircraft in a country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for a type certificate for the aircraft in the transport category, is entitled to the issue of a Class II provisional type certificate, or an approval of an amendment to a Class II provisional type certificate, if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements of subregulation (5) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated in accordance with the limitations:

in the provisional aircraft flight manual (if any) required by subregulation (7); and

in regulation 262AO of CAR.

The applicant must hold a type certificate for at least one other aircraft in the same transport category as the subject aircraft.

The flight test program to be carried out for the purposes of the type certificate or the flight test program conducted by the authorities of the country in which the aircraft was manufactured, with respect to the issue of a type certificate for that aircraft, must be in progress.

The applicant or, in the case of a foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

the aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate applied for; and

the aircraft substantially complies with the applicable flight characteristic requirements for the type certificate applied for; and

the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

The applicant must submit a report to CASA showing that the aircraft has been flown in all manoeuvres necessary to show compliance with the flight requirements for the issue of the type certificate and to establish that the aircraft can be operated safely in accordance with the limitations in these Regulations.

The applicant must prepare a provisional aircraft flight manual containing all limitations required for the issue of the type certificate applied for, including limitations on weights, speeds, flight manoeuvres, loading, and operation of controls and equipment unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

The applicant must show CASA that a prototype aircraft has been flown for at least 100 hours. In the case of an approval of an amendment to a provisional type certificate, CASA may reduce the number of required flight hours.

Source FARs section 21.83 modified.

An applicant who manufactures an aircraft within Australian territory, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the applicant shows compliance with this regulation and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

An applicant who manufactures an aircraft in a foreign country with which Australia has an agreement for the acceptance of those aircraft for export and import, and who applies for an amendment to the type certificate for the aircraft, is entitled to a provisional amendment to the type certificate if the national aviation authority of the country in which the aircraft was manufactured certifies that the applicant has shown compliance with this regulation and that the aircraft meets the requirements mentioned in subregulation (4) and CASA is satisfied that the aircraft can reasonably be expected to be safe for its intended use when operated under the appropriate limitations contained in these Regulations.

The flight test program approved by CASA, or conducted under the agreement by the authorities of the country in which the aircraft was manufactured, with respect to the amendment of the type certificate, must be in progress.

The applicant or, in the case of foreign manufactured aircraft, the national aviation authority of the country in which the aircraft was manufactured, must certify that:

the modification involved in the amendment to the type certificate has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate for the aircraft; and

the aircraft incorporating the modification substantially complies with the applicable flight characteristic requirements for the type certificate; and

the aircraft can be operated safely under the appropriate operating limitations in these Regulations.

The applicant must submit a report to CASA showing that the aircraft incorporating the modifications involved has been flown in all manoeuvres necessary to show compliance with the flight requirements applicable to those modifications and to establish that the aircraft can be operated safely in accordance with the requirements and limitations under Division 91.T.3.

The applicant must establish and publish, in a provisional aircraft flight manual or other document and on appropriate placards, all limitations required for the issue of the type certificate applied for, including weight, speed, flight manoeuvres, loading, and operation of controls and equipment, unless, for each limitation not established, appropriate operating restrictions are established for the aircraft.

The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.

The applicant must operate a prototype aircraft, modified in accordance with the corresponding amendment to the type certificate, for the number of hours found necessary by CASA in the particular case.

Source FARs section 21.85 modified.

Subpart 21.D—Changes to type certificates

This Subpart deals with the approval of changes to type certificates.

Source FARs section 21.91 modified.

Changes in type design are classified as minor or major. A minor change is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of an aircraft, aircraft engine or propeller. All other changes are major changes.

Source FARs section 21.93 modified.

The holder of a type certificate for an aircraft, aircraft engine or propeller may apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a minor change in the type design of the aircraft, aircraft engine or propeller.

Subregulation (3) applies if the application is made to CASA or an authorised person.

Subject to regulation 11.055, CASA or the authorised person must grant the approval if the type design, as modified by the minor change, would meet the requirements of this Part for the type design.

Subregulation (5) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design would meet a requirement.

If the approved design organisation is satisfied that the design would meet the requirement, the organisation may give CASA a certificate to that effect.

For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (5), CASA need consider only that certificate in deciding whether the design would meet the requirement.

Subregulation (8) applies if the application is made to an approved design organisation.

Subject to regulation 11.055, the approved design organisation must grant the approval if the type design, as modified by the minor change, would meet:

the requirements of this Part for the type design; and

any requirements mentioned in the organisation’s exposition.

The holder of a type certificate for an aircraft, aircraft engine or propeller is eligible to apply to CASA, an authorised person or a relevant approved design organisation, in writing, for approval of a major change in the type design of the aircraft, aircraft engine or propeller.

An applicant is entitled to the approval if the applicant:

submits with the application substantiating data and necessary descriptive data for inclusion in the type design; and

complies with regulation 21.101.

Approval of a major change in the type design of an aircraft engine is limited to the specific engine configuration upon which the change is made unless the applicant identifies in the necessary descriptive data for inclusion in the type design the other configurations of the same engine type for which approval is requested and shows that the change is compatible with the other configurations.

Source FARs section 21.97 modified.

Subject to regulation 11.055, CASA, an authorised person or an approved design organisation must approve a major change in the type design of an aircraft, aircraft engine or propeller if the applicant for the approval:

is eligible, under subregulation 21.097(1), to apply for the approval; and

applies for the approval in accordance with this Subpart; and

is entitled, under this Subpart, to the approval; and

otherwise complies with this Part.

Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the applicant meets a requirement mentioned in subregulation (1).

If the approved design organisation is satisfied that the applicant meets the requirement, the organisation may give CASA a certificate to that effect.

For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the applicant meets the requirement.

If an airworthiness directive is issued for an aircraft, aircraft engine or propeller, and CASA considers that design changes are necessary to correct the unsafe condition of the aircraft, aircraft engine or propeller, the holder of the type certificate for the aircraft, aircraft engine or propeller must, on CASA’s request, submit appropriate design changes for approval.

Penalty: 50 penalty units.

If approval is granted for design changes mentioned in subregulation (1), the holder of the type certificate for the aircraft, aircraft engine or propeller must, on request by the operator of an affected aircraft, aircraft engine or propeller previously certificated under the type certificate, give to that operator the descriptive data covering the design changes.

Penalty: 50 penalty units.

In a case where there are no current unsafe conditions, but CASA or the holder of the type certificate is satisfied through service experience that changes in type design will contribute to the safety of the aircraft, aircraft engine or propeller, the holder of the type certificate may submit appropriate design changes for approval. Upon approval of the changes, and on request by an operator of the same type of aircraft, aircraft engine or propeller, the manufacturer must give information on the design changes to the operator.

Penalty: 5 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.99 modified.

An applicant for approval of a change in the type design described or identified in a type certificate must comply with either:

the airworthiness standards mentioned in the type certificate; or

the applicable airworthiness standards in effect on the date of the application, plus any other amendments that CASA is satisfied are directly related.

If CASA is satisfied that a proposed change consists of a new design or a substantially complete redesign of a component, equipment installation, or system installation, and that the airworthiness standards mentioned in the type certificate for the aircraft, aircraft engine or propeller do not provide adequate standards with respect to the proposed change, the applicant must comply with:

the applicable provisions of these Regulations, in effect on the date of the application for the change, that CASA is satisfied are necessary to provide a level of safety equivalent to that established by the airworthiness standards mentioned in the type certificate; and

any special conditions, and amendments to those special conditions, prescribed by CASA to provide a level of safety equal to that established by the airworthiness standards mentioned in the type certificate.

Unless otherwise required by subregulation 21.019(1), an applicant for a change to a type certificate for a transport category aeroplane involving the replacement of reciprocating engines with the same number of turbopropeller powerplants must comply with the provisions of Part 25 of the FARs for the aeroplane as type certificated with reciprocating engines, and with the following:

the certification performance requirements prescribed in sections 25.101 to 25.125 (inclusive) and 25.149, 25.1533, 25.1583, and 25.1587 of Part 25 of the FARs;

the powerplant requirements of Part 25 of the FARs that apply to turbopropeller engine-powered aeroplanes;

the requirements of Part 25 of the FARs for the standardisation of cockpit controls and instruments, unless CASA is satisfied that compliance with a particular detailed requirement would be impractical and would not contribute materially to standardisation;

any other requirement of Part 25 of the FARs that applies to turbopropeller engine-powered aeroplanes that CASA is satisfied relates to the changes in engines and that is necessary to ensure a level of safety equal to that of the aeroplane certificated with reciprocating engines.

For subregulation (3), for each new limitation established with respect to weight, speed, or altitude that is significantly altered from those approved for the aeroplane with reciprocating engines, the applicant must show compliance with the requirements of Part 25 of the FARs applicable to the limitations being changed.

Source FARs section 21.101 modified.

Subpart 21.E—Supplemental type certificates

Note: A supplemental type certificate issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

This Subpart prescribes requirements for the issue of supplemental type certificates.

Source FARs section 21.111 modified.

Any person is eligible to apply to CASA for a supplemental type certificate for the approval of the design of a major change to a type certificated aircraft, aircraft engine or propeller, if the change is not great enough to require an application for a new type certificate under regulation 21.019.

The holder of the type certificate for the aircraft, aircraft engine or propeller may apply for amendment of the type certificate instead of applying for a supplemental type certificate.

Source FARs section 21.113 modified.

Subject to regulation 11.055, CASA must issue a supplemental type certificate to an applicant for the certificate if the applicant:

is eligible, under regulation 21.113, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

A certificate (however described) for an aircraft, aircraft engine or propeller that is issued by or for the national aviation authority of a recognised country and is equivalent to a supplemental type certificate that could have been issued by CASA (a foreign supplemental type certificate) is taken to have been issued by CASA for these Regulations.

An applicant is entitled to a supplemental type certificate if CASA is satisfied that:

either:

the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non-compliance is compensated for by factors that provide an equivalent level of safety; and

no feature or characteristic of the change in type design makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

Subregulation (3) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the altered aircraft, aircraft engine or propeller meets:

an applicable airworthiness requirement mentioned in subparagraph (1)(a)(i); or

the requirement mentioned in paragraph (1)(b).

If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

For subregulation (1), if an approved design organisation gives CASA a certificate under subregulation (3), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change in the type design, as if it were an application for a type certificate under Subpart 21.B.

Source FARs section 21.115 modified.

A supplemental type certificate is taken to consist of:

the type certificate or type acceptance certificate previously issued for the aircraft, aircraft engine or propeller; and

each change in the type design of the aircraft, aircraft engine or propeller described or identified in the supplemental type certificate.

Source FARs section 21.117 modified.

A supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled or the type certificate previously issued for the aircraft, aircraft engine or propeller is cancelled, whichever happens first.

Despite subregulation (1), a supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

CASA may suspend or cancel a supplemental type certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

(4) If CASA suspends or cancels a supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

(5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

A notice under subregulation (3) or (4) must set out:

the grounds for the suspension or cancellation; and

when the suspension or cancellation takes effect; and

in the case of a suspension—when the suspension stops having effect.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of supplemental type certificates.

A foreign supplemental type certificate for an aircraft, aircraft engine or propeller remains in force until it is cancelled by CASA or the national aviation authority of the relevant recognised country.

Despite subregulation (1), a foreign supplemental type certificate for an aircraft, aircraft engine or propeller is not in force during any period of suspension or any period of suspension of the type certificate previously issued for the aircraft, aircraft engine or propeller.

CASA may suspend or cancel a foreign supplemental type certificate if CASA considers that it is necessary to do so in the interests of aviation safety.

(4) If CASA suspends or cancels a foreign supplemental type certificate it must publish a notice of the suspension or cancellation in the Gazette.

(5) A suspension or cancellation takes effect on the day after the notice is published in the Gazette.

A notice must set out:

the grounds for the suspension or cancellation; and

when the suspension or cancellation takes effect; and

in the case of a suspension—when the suspension stops having effect.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of foreign supplemental type certificates.

(1) The holder of a supplemental type certificate (the transferor) may transfer the certificate to another person (the transferee) by giving to the transferee:

the certificate; and

a copy of each document that the transferor is required to keep under these Regulations in relation to the certificate.

However, the certificate may be transferred only with the written consent of the transferee.

The transferor commits an offence if the transferor does not, within 30 days after transferring the certificate, give CASA a written notice stating:

the date of the transfer; and

the name and address of the transferee.

Penalty: 50 penalty units.

An offence against this regulation is an offence of strict liability.

(1) The holder of a supplemental type certificate (the licensor) may confer the benefits of the certificate on another person (the licensee) by making a licensing agreement with the licensee.

The licensor commits an offence if the licensor does not, within 30 days after making the licensing agreement, give CASA a written notice stating:

the date of the licensing agreement; and

the name and address of the licensee; and

the benefits conferred on the licensee.

Penalty: 50 penalty units.

The licensor commits an offence if:

the licensing agreement is terminated; and

the licensor does not, within 30 days after the termination, give CASA a written notice stating the date of the termination.

Penalty: 50 penalty units.

An offence against this regulation is an offence of strict liability.

The holder of a supplemental type certificate for an aircraft, aircraft engine or propeller may apply, in writing, for a variation of the certificate for the approval of the design of a change to the aircraft, aircraft engine or propeller.

The application may be made to:

CASA; or

an authorised person; or

a relevant approved design organisation.

Subject to regulation 11.055, if the application is made to CASA, CASA must vary the certificate if satisfied that:

either:

the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); or

the altered aircraft, aircraft engine or propeller does not comply with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2), but the non-compliance is compensated for by factors that provide an equivalent level of safety; and

no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

Subject to regulation 11.055, if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation must vary the certificate if satisfied that:

the altered aircraft, aircraft engine or propeller complies with the applicable airworthiness requirements mentioned in subregulations 21.101(1) and (2); and

no feature or characteristic of the change makes the altered aircraft, aircraft engine or propeller unsafe for its intended use.

Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether an altered aircraft, aircraft engine or propeller meets:

an applicable airworthiness requirement mentioned in subparagraph (3)(a)(i); or

the requirement mentioned in paragraph (3)(b).

If the approved design organisation is satisfied that the altered aircraft, aircraft engine or propeller meets the requirement, the organisation may give CASA a certificate to that effect.

For subregulation (3), if an approved design organisation gives CASA a certificate under subregulation (6), CASA need consider only that certificate in deciding whether the altered aircraft, aircraft engine or propeller meets the requirement.

Regulations 21.033 (Inspection and tests) and 21.053 (Statement of conformity) apply in relation to the application, with respect to each change, as if:

the application were an application for a type certificate under Subpart 21.B; and

each reference to CASA in those regulations were a reference to the person or organisation to whom the application was made.

Subpart 21.F—Production under type certificate only

This Subpart prescribes rules for the production of an aircraft, aircraft engine or propeller under a type certificate only.

For this Subpart, a person manufactures an aircraft, aircraft engine or propeller under a type certificate only if the person is the holder, or licensee, of a type certificate, but not a production certificate, for the aircraft, aircraft engine or propeller.

Source FARs section 21.121 modified.

Note: Subpart 21.G deals with production certificates.

Each manufacturer of an aircraft, aircraft engine or propeller being manufactured under a type certificate only must:

make each aircraft, aircraft engine or propeller available for inspection by CASA; and

maintain at the place of manufacture the technical data and drawings necessary for CASA to determine whether the aircraft, aircraft engine or propeller and its parts conform to the type design; and

establish and maintain an approved production inspection system that:

meets the requirements of subregulation 21.125(2); and

ensures that each aircraft, aircraft engine or propeller manufactured under the type certificate more than 6 months after it was issued conforms to the type design and is in a condition for safe operation; and

upon the establishment of the approved production inspection system—submit to CASA a manual that describes the system and the means for meeting the requirements of subregulation 21.125(2).

Penalty: 25 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Each manufacturer may apply to CASA for an extension of the period of 6 months mentioned in subparagraph (1)(c)(ii).

CASA may extend the period in a particular case if unusual or extenuating circumstances prevent the manufacturer from establishing an approved production inspection system within 6 months after the issue of the type certificate.

Source FARs section 21.123 modified.

Each manufacturer required to establish a production inspection system under paragraph 21.123(1)(c) must:

establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

maintain complete records of Materials Review Board action for at least two years after the action was taken.

Penalty: 50 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

The production inspection system must provide for the following:

ensuring that incoming materials, and bought or subcontracted parts, used in the finished aircraft, aircraft engine or propeller comply with the technical data for the type design, or are suitable equivalents;

properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

suitable storage and adequate protection of materials subject to damage and deterioration;

carrying out processes affecting the quality and safety of the finished aircraft, aircraft engine or propeller in accordance with acceptable industry or Australian specifications;

inspecting parts and components during production for conformity with the technical data for the type design at points in the process where accurate determinations can be made;

ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

ensuring that design changes, including material substitutions, are controlled before being incorporated in a finished aircraft, aircraft engine or propeller;

segregating, identifying, marking and disposing of rejected materials and parts in a manner that precludes installation in the finished aircraft, aircraft engine or propeller;

a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from the technical data for the type design, and that are to be considered for installation in a finished aircraft, aircraft engine or propeller;

a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

maintaining inspection records, identified with the finished aircraft, aircraft engine or propeller where practicable, and retaining them for at least 2 years.

Source FARs section 21.125 modified.

Each person manufacturing aircraft under a type certificate only must establish an approved production flight test procedure and flight check-off form, and in accordance with that form, flight test each aircraft produced.

Penalty: 25 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Each production flight test procedure must include the following:

an operational check of the trim, controllability, or other flight characteristics to establish that the production aircraft has the same range and degree of control as the prototype aircraft;

an operational check of each part or system operated by the crew while in flight to establish that, during flight, instrument readings are within normal range;

a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test;

a check of the operational characteristics of the aircraft on the ground;

a check on any other items peculiar to the aircraft being tested that can best be done during the ground or flight operation of the aircraft.

Source FARs section 21.127 modified.

Each person manufacturing aircraft engines that are not rocket engines under a type certificate only must subject each engine to an acceptable test run that includes the following:

break-in runs that include a determination of fuel and oil consumption and a determination of power characteristics at rated maximum continuous power or thrust and, if applicable, at rated take-off power or thrust;

at least five hours of operation at rated maximum continuous power or thrust, including, for engines having a rated take-off power or thrust higher than rated maximum continuous power or thrust, 30 minutes at rated take-off power or thrust.

Penalty: 25 penalty units.

The test runs required by subregulation (1) may be made with the engine appropriately mounted and using current types of power and thrust measuring equipment.

A person manufacturing rocket engines under a type certificate only must establish a sampling technique for testing the engines.

Penalty: 25 penalty units.

An offence against subregulation (1) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.128 modified.

Each person manufacturing variable pitch propellers under a type certificate only must give each propeller an acceptable functional test to determine if it operates properly throughout the normal range of operation.

Penalty: 25 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.129 modified.

Each holder or licensee of a type certificate for a type of aircraft, aircraft engine or propeller must give CASA a statement of conformity, in a form acceptable to CASA, for each aircraft, aircraft engine or propeller manufactured under the type certificate only:

when the holder or licensee applies for the original issue of an aircraft certificate of airworthiness or an aircraft engine or propeller authorised release certificate for the aircraft, aircraft engine or propeller; or

if the holder or licensee transfers the ownership of the aircraft, aircraft engine or propeller without applying for an authorised release certificate for it—when the ownership of the aircraft, aircraft engine or propeller is transferred.

The statement of conformity must be signed by a person who holds a responsible position in the manufacturing organisation and has been authorised by the manufacturer to sign the statement, and must include:

for each aircraft, aircraft engine or propeller, a statement that it conforms to its type certificate and is in a condition for safe operation; and

for each aircraft, a statement that the aircraft has been flight checked; and

for each aircraft engine or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final operational check.

However, in the case of an aircraft, aircraft engine or propeller manufactured for the Defence Force, or for an armed force of Canada, the United Kingdom or the United States of America, a statement of conformity is not required if the aircraft, aircraft engine or propeller has been accepted by the relevant force.

Source FARs section 21.130 modified.

A person who manufactures an aircraft, aircraft engine or propeller under a type certificate only must keep, at the place of manufacture, the following current records for the aircraft, aircraft engine or propeller:

a technical data file that includes the type design drawings, specifications, reports on tests prescribed by this Part, and the original type inspection report and any amendments to that report;

the information required to prepare the statement of conformity mentioned in regulation 21.130;

a complete inspection record, the serial number, and data covering the processes and tests to which materials and parts are subjected;

a record of service difficulties reported to the manufacturer.

Penalty: 50 penalty units.

The records mentioned in paragraphs (1)(a) and (b) must be kept for the period in which aircraft, aircraft engines or propellers are manufactured by the person under the type certificate.

Penalty: 50 penalty units.

The records mentioned in paragraphs (1)(c) and (d) must be kept for 2 years after the aircraft, aircraft engine or propeller to which the records relate was manufactured.

Penalty: 50 penalty units.

On CASA’s request, the records must be made available for examination by CASA.

Penalty: 50 penalty units.

If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days.

Penalty: 50 penalty units.

An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.293 modified.

Subpart 21.G—Production certificates

This Subpart prescribes requirements for the issue of production certificates and rules governing production of Class I, Class II, Class III and unapproved Class I products by the holders of those certificates.

Source FARs section 21.131 modified.

For this Subpart:

Class I product includes a complete aircraft, aircraft engine or propeller for which a foreign type certificate has been issued.

Class II product includes a major component of: a Class I product; or an unapproved Class I product.

a Class I product; or

an unapproved Class I product.

product design means:

for an unapproved Class I product—the design that was submitted with the application for a foreign type certificate; and

for a Class II or Class III product—the design for the product that is:

approved under regulation 21.132A; or

if the product is manufactured under an agreement with a foreign manufacturer for supply to that manufacturer—approved by the national aviation authority of the relevant foreign country; or

approved in a supplemental type certificate or a foreign supplemental type certificate; or

approved in a modification/repair design approval or in an approval mentioned in regulation 21.475; or

taken to be approved under regulation 21.465 or 21.470; or

covered by an approval that continues in force under regulation 202.054, 202.055 or 202.056.

unapproved Class I product means a complete aircraft, aircraft engine or propeller: designed by or for a manufacturer that is in a foreign country; and for which an application for a foreign type certificate has been made; and for which no foreign type certificate has been issued.

designed by or for a manufacturer that is in a foreign country; and

for which an application for a foreign type certificate has been made; and

for which no foreign type certificate has been issued.

Note: See also the definitions of Class I product, Class II product and Class III product in regulation 21.321.

A person may apply, in writing, to CASA or an authorised person or relevant approved design organisation for approval of the design of a Class II or Class III product.

Subject to regulation 11.055, CASA or the authorised person or approved design organisation must approve the design of the product if satisfied that the design:

consists of drawings, specifications and other information that fully describe the product; and

includes all the information necessary to manufacture the product, including:

information that shows the dimensions and appearance of the product; and

the materials used in the manufacture of the product; and

information about the process or processes used to manufacture the product; and

any methods used to test or measure the product; and

information that shows the structural strength of the product; and

meets the applicable airworthiness standards for the product.

For paragraph (2)(c), if the application is made to CASA, CASA may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

an examination of the design; or

the technical data for the design approved under regulation 21.009; or

a certificate from an approved design organisation under subregulation (6).

For paragraph (2)(c), if the application is made to an authorised person or approved design organisation, the authorised person or approved design organisation may satisfy itself that the design meets the applicable airworthiness standards for the product on the basis of:

an examination of the design; or

the technical data for the design approved under regulation 21.009.

Subregulation (6) applies if, under regulation 21.251, CASA authorises a relevant approved design organisation to determine whether the design meets the applicable airworthiness standards for the product.

If the approved design organisation is satisfied that the design meets the airworthiness standards, the organisation may give CASA a certificate to that effect.

A person is eligible to apply for a production certificate for a Class I product if the person:

holds a current type certificate or foreign type certificate for the product; or

holds the right, under a licensing agreement, to the benefits of the type certificate or foreign type certificate for the product; or

holds a supplemental type certificate or foreign supplemental type certificate for the product; or

holds the right, under a licensing agreement, to the benefits of the supplemental type certificate or foreign supplemental type certificate for the product.

A person is also eligible to apply for a production certificate if:

the person has an agreement with a foreign manufacturer to:

manufacture a Class I, Class II, Class III or unapproved Class I product; and

supply the product to the foreign manufacturer; and

the terms of the agreement require that the person be approved to manufacture the product.

A person is also eligible to apply for a production certificate for a Class II or Class III product if:

the product is an aircraft component of a type in respect of which a certificate of type approval is in force; and

the person is lawfully manufacturing the component or is proposing to manufacture the component and is entitled to do so.

A person is also eligible to apply for a production certificate to manufacture a Class II or Class III product on a one-off basis for supply to:

the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or

the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller.

Source FARs section 21.133 modified.

Subject to regulation 11.055, CASA must issue a production certificate to an applicant for the certificate if the applicant:

is eligible, under regulation 21.133, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

An applicant is entitled to a production certificate if CASA is satisfied that the applicant has complied with regulations 21.139 and 21.143 in relation to the Class I, Class II, Class III or unapproved class I product to be manufactured under the certificate.

CASA may inspect the applicant’s organisation and manufacturing facilities to determine whether the applicant has complied with regulations 21.139 and 21.143.

Source FARs section 21.135 modified.

Despite regulation 21.134, CASA is not required to issue a production certificate if the manufacturing facilities concerned are located outside Australian territory, unless there is no undue burden on CASA in administering the applicable requirements of these Regulations.

Source FARs section 21.137 modified.

An applicant for a production certificate must show that the applicant has established, and can maintain, a quality system so that:

each Class I product to be manufactured under the certificate will conform to the type design for the product; and

each Class II, Class III or unapproved Class I product to be manufactured under the certificate will conform to the product design for the product.

Source FARs section 21.139 modified.

An applicant for a production certificate must submit to CASA, for approval, a manual describing the inspection and test procedures necessary to ensure that each product manufactured under the production certificate is in a condition for safe operation and conforms to:

for a Class I product—the type design; and

for a Class II, Class III or unapproved Class I product—the product design.

The manual mentioned in subregulation (1) must include any of the following that apply to the product:

a statement describing how responsibilities are assigned and authority is delegated in the quality system organisation, together with a chart indicating:

the functional relationship of the quality system organisation to management and to other organisational components; and

the chain of authority and responsibility within the quality system organisation;

a description of:

the inspection procedures for raw materials, purchased items and parts and assemblies produced by manufacturers’ suppliers; and

the methods used to ensure that parts and assemblies that cannot be completely inspected when delivered to the production certificate holder’s plant are acceptable;

a description of:

the production inspection system for individual parts and complete assemblies; and

the methods used for the identification of any special manufacturing processes involved; and

the means used to control the processes; and

the final test procedure for the product; and

in the case of a Class I product that is a completed aircraft, a copy of the manufacturer’s production flight test procedures and check-off list;

for a product other than a Class II or Class III product referred to in subregulation 21.133(2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts;

an outline of a system for informing company inspectors of current changes in engineering drawings, specifications, and quality system procedures;

a list or chart showing the location and type of inspection stations.

Note: A Materials Review Board must be established by the holder of a production certificate: see regulation 21.145.

CASA must approve a manual that is prepared for, and meets the requirements of, this regulation.

The holder of a production certificate must, on the request of CASA, make available to CASA information regarding all delegation of authority to suppliers to make major inspections of parts or assemblies for which the holder is responsible.

Penalty: 25 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.143 modified.

The production inspection system mentioned in paragraph 21.143(1A)(c) must provide for the following:

properly identifying incoming materials, and bought or subcontracted parts, if their physical or chemical properties cannot be readily and accurately determined;

suitable storage and adequate protection of materials subject to damage and deterioration;

carrying out processes affecting the quality and safety of the finished Class I, Class II, Class III or unapproved Class I product in accordance with acceptable industry or Australian specifications;

inspecting parts and components, at points during the production process at which accurate determinations can be made, to determine whether:

parts and components for a Class I product conform to the type design data for the product; or

parts and components for a Class II, Class III or unapproved Class I product conform to the product design data for the product;

ensuring that current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;

ensuring that design changes, including material substitutions, are controlled before being incorporated in:

a finished Class I product; or

a Class II, Class III or unapproved Class I product;

segregating and identifying rejected materials and parts in a manner that precludes installation in the finished Class I, Class II, Class III or unapproved Class I product;

a system for processing through the Materials Review Board any materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in a finished Class I, Class II, Class III or unapproved Class I product;

a system for identifying and reinspecting materials and parts determined by the Materials Review Board to be serviceable if rework or repair is necessary;

maintaining inspection records, identified with the finished Class I, Class II, Class III or unapproved Class I product where practicable, and retaining them for at least 2 years.

Source FARs section 21.125 modified.

The holder of a production certificate (other than a production certificate referred to in subregulation 21.133(2B)) must:

establish a Materials Review Board (to include representatives from the manufacturer’s inspection and engineering departments) and materials review procedures; and

maintain complete records of Materials Review Board action for at least 2 years after the action was taken.

Penalty: 50 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.125 modified.

After the issue of a production certificate, each change to the quality system is subject to review by CASA.

The holder of a production certificate must immediately notify CASA, in writing, of any change to the quality system that may affect:

the inspection of a Class I product being manufactured under the certificate, or the conformity of such a product to its type design data, or the airworthiness of such a product; or

the inspection of an unapproved Class I product being manufactured under the certificate, or the conformity of such a product to its product design data, or the airworthiness of such a product; or

the inspection of a Class II or Class III product being manufactured under the certificate, or the conformity of such a product to its product design data.

Penalty: 50 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

CASA may authorise more than 1 Class I, Class II, Class III or unapproved Class I product to be manufactured under 1 production certificate if the products have similar production characteristics.

Source FARs section 21.149 modified.

A production certificate must include, or have attached to it, a production limitation record that sets out:

for a Class I product—the type certificate or foreign type certificate of each product authorised to be manufactured under the production certificate; and

for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133(2B)) or an unapproved Class I product—the product design of each product authorised to be manufactured under the production certificate; and

for a Class II or Class III product referred to in subregulation 21.133(2B)—a description of each product authorised to be manufactured under the production certificate.

Source FARs section 21.151 modified.

The holder of a production certificate may apply to CASA to amend the certificate to add 1 or more of the following:

a Class I product type certificate or foreign type certificate;

a model to a Class I product type certificate or foreign type certificate;

an unapproved Class I product design;

a Class II product design;

a Class III product design.

CASA may amend the certificate if the applicant complies with the applicable requirements of regulations 21.139, 21.143 and 21.147.

Source FARs section 21.153 modified.

If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests.

Penalty: 50 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.157 modified.

A production certificate ceases to be in force:

if the location of the manufacturing facility is changed; or

if it is cancelled; or

if a termination date is specified in the certificate—at midnight on that date.

A production certificate is not in force during any period of suspension.

CASA may suspend or cancel a production certificate by written notice given to its holder if CASA considers that it is necessary to do so in the interests of aviation safety.

A notice must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Source FARs section 21.159 modified.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of production certificates.

The holder of a production certificate must take reasonable steps to ensure that it is displayed prominently in the main office of the manufacturing facility in which the aircraft, aircraft engine or propeller to which the certificate relates is manufactured.

Penalty: 5 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.161 modified.

Primary category aircraft

Subregulation (2) applies to:

a person who:

holds a production certificate for a primary category aircraft of a particular type and model; and

is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(1); and

a person who:

holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and

is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184(3).

Subject to subregulation (5), the person may:

conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.024(2); and

if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.

Intermediate category aircraft

Subregulation (4) applies to a person who:

holds a production certificate for an intermediate category aircraft of a particular type and model; and

is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A(1).

Subject to subregulation (5), a person who is eligible may:

conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.026(2); and

if the person successfully completes the training—issue a certificate of competency for that type and model of aircraft to the person.

Training to be given by licensed aircraft maintenance engineer

For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer:

who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and

if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionary—whose licence is endorsed with the rating for that aircraft type.

Source FARs section 21.163 modified.

The holder of a production certificate must maintain the quality system in conformity with the manual approved under regulation 21.143 in relation to the production certificate.

Penalty: 50 penalty units.

The holder of a production certificate for a Class I product must ensure that each finished product that is:

manufactured under the authority of the certificate; and

submitted for airworthiness certification or approval;

conforms to the type design for the product and is in a condition for safe operation.

Penalty: 50 penalty units.

The holder of a production certificate for a Class II, Class III or unapproved Class I product must ensure that each product that is:

manufactured under the authority of the certificate; and

submitted for approval;

conforms to the product design and is in a condition for safe operation.

Penalty: 50 penalty units.

An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.165 modified.

A person who manufactures a Class I, Class II, Class III or unapproved Class I product under a production certificate must keep, at the place of manufacture, the following records for each product:

for a Class I product, a technical data file that includes:

the current type design drawings; and

the current specifications; and

the reports on the results of any tests required by or under this Part; and

the original type inspection report; and

any amendments to that report;

for a Class II, Class III or unapproved Class I product, the current product design and the reports on the results of any tests required by or under this Part;

any data (including any amendments) required to be submitted with the original application for the production certificate;

a record of any rebuilding or alteration performed by the person;

an inspection record;

any serial number;

any data about the processes and tests to which materials and parts used in the product are subjected;

a record of any service difficulties reported to the person.

Penalty: 50 penalty units.

The records mentioned in paragraphs (1)(a), (b), (c) and (d) must be retained for the period during which the product is manufactured by the person under the production certificate.

Penalty: 50 penalty units.

The records mentioned in paragraphs (1)(e), (f), (g) and (h) must be retained for 2 years after the manufacture of the product to which the records relate.

Penalty: 50 penalty units.

The person must allow CASA to examine the records at any reasonable time after reasonable notice is given to the person.

Penalty: 50 penalty units.

If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops.

Penalty: 50 penalty units.

An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.293 modified.

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

Note: A certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

This Subpart prescribes requirements for the issue of certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits.

Source FARs section 21.171 modified.

Note: Under Part 200 (Aircraft to which CASR do not apply), certain Australian aircraft are authorised to fly without a certificate of airworthiness.

In this Subpart:

LSA standards means:

the standards for the design, performance or continuing airworthiness of light sport aircraft issued by the American Society for Testing and Materials, as in force from time to time; or

the standards prescribed by the Part 21 Manual of Standards for the design, performance or continuing airworthiness of light sport aircraft.

Note: The standards issued by the American Society for Testing and Materials could in 2015 be viewed on the society’s website (http://www.astm.com).

qualified manufacturer of a light sport aircraft means:

a manufacturer who, at the time the light sport aircraft was manufactured, held a current production certificate for an aircraft; or

a manufacturer who has made a written declaration that, at the time the light sport aircraft was manufactured, it had:

contracted engineering personnel with experience in ultralight or light aircraft design to ensure compliance with LSA standards referred to in paragraph 21.186(2)(b); and

facilities and tools suitable for the production of the aircraft in accordance with the applicable LSA standards; and

competent personnel, with appropriate training, skills and experience, to perform work that affects product quality.

In this regulation:

certificate of airworthiness does not include:

an experimental certificate; or

a provisional certificate of airworthiness.

The registered operator of an aircraft, or the owner of an aircraft that is listed with a Part 103 ASAO, is eligible to apply for a certificate of airworthiness for the aircraft.

The application must be made to:

for an application for a limited category certificate—CASA or a limited category organisation; or

for any other application—CASA or an authorised person.

This regulation applies if an application for a limited category certificate for an aircraft is made to CASA.

CASA may give the application to a limited category organisation for the purposes of the organisation deciding the application.

If there is more than one limited category organisation that may deal with the application, CASA must ask the applicant to nominate a limited category organisation for the application.

If CASA gives the application to a limited category organisation under this regulation, CASA must give the organisation anything in its records about the applicant that is relevant to the organisation making a decision on the application.

If CASA gives the application to a limited category organisation under this regulation:

for these Regulations, the application is taken to have been made to the organisation; and

the organisation must decide the application; and

CASA must give the applicant written notice that the application has been given to the organisation for the purposes of the organisation deciding it.

Without limiting subregulation (5), and for the avoidance of doubt:

CASA is taken not to have refused the application; and

nothing in this Part authorises the limited category organisation to return the application to CASA for the purposes of CASA deciding it, but the organisation may consult with, or seek information from, CASA for the purposes of deciding the application.

In these Regulations:

special certificate of airworthiness means:

a certificate of airworthiness issued for:

an aircraft type certificated in the primary, intermediate or restricted category; or

an aircraft in the limited category; or

an amateur-built aircraft accepted under an ABAA; or

a light sport aircraft covered by regulation 21.186; or

a provisional certificate of airworthiness; or

an experimental certificate.

standard certificate of airworthiness means a certificate of airworthiness issued for:

an aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category; or

a manned free balloon; or

an aircraft in a special class of aircraft.

Source FARs section 21.175 modified.

Subject to regulation 11.055, CASA, a limited category organisation or an authorised person must issue a certificate of airworthiness to an applicant for the certificate if the applicant:

is eligible, under regulation 21.173, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

A condition imposed on a certificate of airworthiness under regulation 11.056 may include operational limitations.

Any conditions imposed on a certificate of airworthiness under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing, and set out in, or attached to, the certificate of airworthiness.

Limited category certificates—assignment of permit index numbers

If CASA or a limited category organisation decides to issue a limited category certificate for an aircraft, CASA or the organisation must assign a permit index number to the aircraft in accordance with regulation 132.195.

Note: See also regulation 132.230 (Notice to CASA—certain proposed actions by limited category organisation).

Limited category certificates—information to be included

The following information must be included in a limited category certificate for an aircraft, or in an attachment to the certificate:

each special purpose operation for which the aircraft is to be operated;

the aircraft’s permit index number.

In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

Subject to regulation 21.219, a certificate of airworthiness is transferred with the aircraft.

Source FARs section 21.179 modified.

Note: Regulation 21.219 relates to the transferability of provisional certificates of airworthiness.

In this regulation:

certificate of airworthiness does not include a provisional certificate of airworthiness or an experimental certificate.

A certificate of airworthiness continues in force:

if a period is specified in the certificate—until the end of the period or until it is cancelled, whichever occurs first; or

in any other case—until it is cancelled.

The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person.

Penalty: 5 penalty units.

A certificate of airworthiness is taken to not be in force for any period during which:

the aircraft is either not registered in Australia or not listed with a Part 103 ASAO; or

any type certificate or type acceptance certificate for the type of aircraft concerned is not in force; or

in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, the aircraft is modified and the modification:

is not authorised by the manufacturer; or

if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that time—is not authorised by an authorised person to perform the functions of the manufacturer in relation to the continuing airworthiness of the light sport aircraft; or

does not comply with the LSA standards.

For the purposes of subregulation (4), if the certificate of airworthiness was issued for a specified period, the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.

CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in scheduled air transport operations, by written notice given to its holder, if:

for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft’s original type certificate was issued or the national aviation authority of a Contracting State, with respect to:

collecting and investigating information on defects; or

reporting defects to the national aviation authority of the country of original type certification; or

keeping type records; or

producing and maintaining manuals; or

issuing instructions for continuing airworthiness; or

CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if:

for an aircraft to which Part 42 applies—any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or

for an aircraft to which Part 42 does not apply—any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or

CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.

A notice under subregulation (5) or (6) must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

The holder of a certificate of airworthiness that is taken to not be in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.

Penalty: 5 penalty units.

An offence against subregulation (3) or (9) is an offence of strict liability.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.181 modified.

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of certificates of airworthiness.

Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:

as required by Subpart 21.Q; or

in the case of an imported aircraft:

as required by the national aviation authority of the Contracting State in which it was certificated; or

in another way acceptable to CASA.

Subregulation (1) does not apply to an applicant:

if the applicant is applying for an experimental certificate for an aircraft that is not an amateur-built aircraft, a kit-built aircraft or a light sport aircraft; or

if:

a different certificate of airworthiness is in force for the aircraft; and

the applicant for the issue of that certificate complied with subregulation (1).

Source FARs section 21.182 modified.

New aircraft manufactured under a production certificate

An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

does not conform to the type design; or

has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

is not in a condition for safe operation.

New aircraft manufactured under type certificate only

An applicant for a standard certificate of airworthiness for a new aircraft manufactured under a type certificate only is entitled to the certificate upon presentation, by the holder or licensee of the type certificate, of the statement of conformity required by regulation 21.130, if CASA finds after inspection that the aircraft:

conforms to the type design; and

has had any modifications or repairs carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

is in a condition for safe operation; and

was manufactured by the holder of the type certificate for the aircraft or the licensee of that type certificate.

Imported aircraft

An applicant for a standard certificate of airworthiness for an aircraft for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person is satisfied that:

the aircraft conforms to the type design; and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

Other aircraft

An applicant for a standard certificate of airworthiness for aircraft not covered by subregulation (1), (2) or (3) is entitled to the certificate if:

the aircraft:

has a type design approved under a type certificate or a supplemental type certificate; or

if there is no type certificate or supplemental type certificate for the aircraft—is of a type or model that has previously been issued a certificate of airworthiness in the category applied for; and

the aircraft complies with any applicable airworthiness directives; and

the aircraft meets the requirements mentioned in subregulation (4A); and

CASA or an authorised person is satisfied that:

the aircraft conforms to the type design (if any); and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

For paragraph (4)(c), the requirements are that:

the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and

if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and model—a person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184(4).

Inspection

CASA or an authorised person may inspect an aircraft mentioned in subregulation (1), (3) or (4) to determine whether:

it conforms to the type design; and

any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

it is in a condition for safe operation.

Source FARs section 21.183 modified.

New primary category aircraft manufactured under a production certificate

An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), manufactured under a production certificate, including aircraft assembled by another person from a kit provided by the holder of the production certificate and under the supervision and quality control of that holder, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

does not conform to the type design; or

has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

is not in a condition for safe operation.

Imported aircraft

An applicant for a special certificate of airworthiness for an aircraft in the primary category for which a type certificate was issued under regulation 21.029, or a type acceptance certificate was issued under regulation 21.029A, is entitled to the certificate if CASA or an authorised person finds, after inspection, that:

the aircraft conforms to the type design; and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

Aircraft having a current standard certificate of airworthiness

An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:

the aircraft has a standard certificate of airworthiness; and

the aircraft meets the criteria mentioned in paragraph 21.024(1)(a); and

the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and

the applicant meets the requirements mentioned in regulation 21.113A; and

if Part 42 applies to the aircraft and maintenance has been carried out on the aircraft since it was last operated for a flight—one of the following documents has been issued for the aircraft in relation to the maintenance:

a certificate of release to service;

an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and

if Part 42 does not apply to the aircraft—a maintenance release is in force for the aircraft.

Other aircraft

An applicant for a special certificate of airworthiness for an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a), and is not covered by subregulation (1), (2), or (3), is entitled to the certificate if CASA or an authorised person is satisfied that:

the aircraft:

conforms to an approved primary, normal, utility, acrobatic or manned free balloon type design; or

complies with the requirements prescribed by the Part 21 Manual of Standards; and

the aircraft complies with all applicable airworthiness directives; and

if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

Inspection

CASA or an authorised person may inspect an aircraft mentioned in subregulation (3) or (4) to determine whether:

it conforms to the type design; and

any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

it is in a condition for safe operation.

Multiple-category certification

A multiple-category certificate of airworthiness in the primary category and any other category must not be issued; a primary category aircraft may hold only one certificate of airworthiness.

Source FARs section 21.184 modified.

New intermediate category aircraft manufactured under a production certificate

An applicant for the original issue of a special certificate of airworthiness for a new aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and was manufactured under a production certificate, is entitled to the certificate without further showing unless CASA or an authorised person decides that the aircraft:

does not conform to the type design; or

has been modified or repaired otherwise than in accordance with a supplemental type certificate or an approved modification/repair design; or

is not in a condition for safe operation.

Other aircraft

An applicant for a special certificate of airworthiness for an aircraft in the intermediate category that meets the criteria of paragraph 21.026(1)(a) and is not covered by subregulation (1) is entitled to the certificate if CASA or an authorised person is satisfied that:

the aircraft:

conforms to an approved intermediate, normal, utility, or acrobatic type design; or

complies with the requirements prescribed by the Part 21 Manual of Standards; and

the aircraft complies with all applicable airworthiness directives; and

if Part 42 applies to the aircraft—an airworthiness review certificate is in force for the aircraft; and

if Part 42 does not apply to the aircraft—the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47(6) of CAR) for the aircraft; and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

Inspection

CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (2) to determine whether:

it conforms to the type design; and

any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

it is in a condition for safe operation.

Multiple-category certification

A multiple-category certificate of airworthiness in the intermediate category and any other category must not be issued; an intermediate category aircraft may hold only one certificate of airworthiness.

Source FARs section 21.184 modified.

Aircraft manufactured under a production certificate or type certificate only

An applicant for the original issue of a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, is entitled to the certificate if the applicant complies with the appropriate provisions of regulation 21.183.

Imported aircraft

An applicant for the original issue of a restricted category certificate of airworthiness for an imported aircraft type certificated only in the restricted category under regulation 21.029 or 21.029A is entitled to a certificate of airworthiness if CASA or an authorised person is satisfied that:

the aircraft conforms to the type design; and

any modifications or repairs to the aircraft have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

the aircraft is in a condition for safe operation.

Other aircraft

An applicant for a special certificate of airworthiness for an aircraft type certificated in the restricted category, that was a surplus aircraft of the Defence Force, or of an armed force of Canada, the United Kingdom or the United States of America, or was previously certificated in another category, is entitled to the certificate if CASA or an authorised person is satisfied, after inspection, that the aircraft is in a good state of preservation and repair and is in a condition for safe operation.

Subregulation (3B) applies to an aircraft:

that is type certificated in the normal, utility, acrobatic, commuter or transport category; and

that has been modified for 1 or more of the special purpose operations mentioned in regulation 21.025; and

the modifications to which have been carried out in accordance with:

an approved modification/repair design; or

a supplemental type certificate.

An applicant for a special certificate of airworthiness for an aircraft to which this subregulation applies is entitled to the certificate as if the aircraft were type certificated in the restricted category if CASA or an authorised person finds, after inspection, that:

the aircraft meets the requirements of the normal utility, acrobatic, commuter or transport category except the requirements that CASA or the authorised person considers are inappropriate for the special purpose for which the aircraft is to be used; and

the aircraft can reasonably be expected to be safe for its intended use when it is operated under any conditions limiting its intended use.

Inspection

CASA or an authorised person may inspect an aircraft mentioned in subregulation (1) or (3) to determine whether:

it conforms to the type design; and

any modifications or repairs to it have been carried out in accordance with a supplemental type certificate or an approved modification/repair design; and

it is in a condition for safe operation.

Source FARs section 21.185 modified.

An applicant is entitled to a special certificate of airworthiness for a light sport aircraft if:

the aircraft was manufactured by a qualified manufacturer; and

the applicant gives CASA, or the authorised person referred to in regulation 21.176, the following:

a statement of compliance by the manufacturer that complies with subregulation (2);

copies of the aircraft operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer;

in the case of a light sport aircraft manufactured outside Australia—written information showing that:

(A) the aircraft was manufactured in a Contracting State; and

(B) the aircraft is eligible for a certificate of airworthiness, or another document of similar effect, in the country of manufacture; and

CASA or an authorised person finds, after inspection, that the aircraft is in a condition for safe operation.

A statement of compliance must be signed by the manufacturer and include at least the following:

a statement setting out the aircraft’s make and model, serial number and date of manufacture;

a statement specifying which of the LSA standards apply to the design of the aircraft, including a statement to the effect that the design of the aircraft complies with the specified standards;

a statement specifying that:

the manufacturer has a quality system that complies with the LSA standards; and

based on that system, the aircraft conforms to the manufacturer’s technical data for the design of the aircraft;

a statement to the effect that the manufacturer will make the statements, documents and information referred to in paragraph (1)(b) available to any person who asks the manufacturer for them;

a statement to the effect that the manufacturer will monitor the continuing airworthiness of the aircraft and will issue directions or requirements that comply with the LSA standards to correct any unsafe condition;

a statement to the effect that, in accordance with a production acceptance test procedure that complies with the LSA standards:

the manufacturer has ground-tested and flight-tested the aircraft; and

the manufacturer found the aircraft’s performance during ground and flight testing acceptable; and

the aircraft is in a condition for safe operation.

An applicant for a certificate of airworthiness for an aircraft in the restricted category, and in one or more other categories (except the primary or intermediate category), is entitled to the certificate, if the aircraft:

complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

can be converted from one category to another by removing or adding equipment by simple mechanical means.

The operator of an aircraft certificated in the restricted category and in one or more other categories must have the aircraft inspected to determine airworthiness each time the aircraft is converted from the restricted category to another category for the carriage of passengers.

Penalty: 50 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

The inspection must be carried out by:

CASA or an authorised person; or

a person who, under regulation 42ZE or 42ZN of CAR, can certify that the maintenance carried out on the aircraft for the purposes of its conversion was completed.

CASA or an authorised person may inspect the aircraft, and may require the applicant to make any tests reasonably necessary, to determine whether the aircraft:

complies with the requirements for a particular category, when the aircraft is in the configuration for that category; and

can be converted from one category to another by removing or adding equipment by simple mechanical means.

Source FARs section 21.187 modified.

An applicant is entitled to a special certificate of airworthiness for an aircraft in the limited category for one or more special purpose operations mentioned in subregulation (3) if:

either:

CASA or the limited category organisation deciding the application is satisfied that the aircraft meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); or

the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force, and for which the applicant can demonstrate to CASA or the limited category organisation deciding the application a satisfactory history of operation; and

as far as can be reasonably determined, CASA or the limited category organisation is satisfied that the aircraft is in a good state of preservation and repair and is in a condition for safe operation; and

as far as can be reasonably determined, CASA or the limited category organisation is satisfied that the aircraft can reasonably be expected to be safe when it is operated under the conditions limiting its intended use; and

the applicant meets the requirements of subregulation (2).

The applicant must give CASA or the limited category organisation the following:

a statement, in a form and manner acceptable to CASA or the limited category organisation, setting out the purpose or purposes for which the aircraft is to be used;

data (for example photographs) to identify the aircraft;

any other information reasonably needed by CASA or the limited category organisation to enable it to impose any conditions necessary in the interests of the safety of other airspace users and persons on the ground or water.

The special purpose operations are the following:

operating historic or ex-military aircraft;

conducting adventure flights in historic or ex-military aircraft;

if the aircraft does not have a major modification—air racing;

glider towing;

aerobatic flights;

aerobatic training;

exhibition flights;

mock combat;

operating replica aircraft;

operating aircraft to carry people for parachute descents;

any other operation in which the only use of the aircraft is to carry people taking part in a recreational activity that is intrinsically hazardous.

CASA or the limited category organisation may:

inspect the aircraft to determine whether it is in a good state of preservation and repair and is in a condition for safe operation; and

require the applicant to carry out a flight check to enable CASA or the limited category organisation to make the determination.

Source FARs section 21.189 modified.

An applicant is entitled to a special certificate of airworthiness for an aircraft in the amateur-built aircraft category if:

CASA or an authorised person has given an ABAA for the aircraft; and

the aircraft complies with subsections 3 and 4 of section 101.28 of the Civil Aviation Orders; and

approval for the manufacture of the aircraft was given by CASA or an authorised person and the aircraft was manufactured in accordance with the approval; and

CASA or an authorised person finds, after inspection, that:

the aircraft conforms with the data on the basis of which the ABAA was given; and

any modifications or repairs to the aircraft have been carried out in accordance with an approved modification/repair design; and

the aircraft is in a condition for safe operation.

In the case of an aircraft that is a rotorcraft, for the application of section 101.28 of the Civil Aviation Orders:

a reference in that section to an aeroplane is taken to be a reference to an aircraft; and

CASA may direct that a requirement of that section does not apply in a particular case.

CASA or an authorised person must not give an ABAA for an aircraft, except an aircraft with:

a maximum take-off weight not greater than 1500 kilograms; and

not more than 4 seats; and

if the aircraft is an aeroplane that is fitted with one or more type certificated engines:

(i) a stalling speed V_S0 at maximum weight not exceeding 61 knots; or

if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:

(A) 65 kg/m² with a flap area of less than 6 percent gross wing area; or

(B) 80 kg/m² with a flap area of at least 6 percent gross wing area; and

if the aircraft is an aeroplane that is fitted with one or more non-type certificated engines:

(i) a stalling speed V_S0 at maximum weight not exceeding 55 knots; or

if accurate data about the stalling speed is not available—a maximum wing loading not exceeding:

(A) 55 kg/m² with a flap area of less than 6 percent gross wing area; or

(B) 65 kg/m² with a flap area of at least 6 percent gross wing area.

CASA or an authorised person must not give an ABAA for an aircraft if the ABAA is applied for after 30 September 2000.

An experimental certificate may be issued for one or more of the following purposes:

research and development: for example testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft;

showing compliance with regulations: for example conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issue of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations;

training the applicant’s flight crew;

exhibition: for example exhibiting the aircraft’s flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions;

air racing: for example participating in air races, including (for participants) practising for air races and flying to and from racing events;

market surveys: for example use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in regulation 21.195;

operating an amateur-built aircraft: that is an aircraft the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for the person’s own education or recreation;

operating a kit-built aircraft: that is an aircraft in the primary category that meets the criteria of paragraph 21.024(1)(a) and that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under subregulation 21.184(1);

private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d);

operating a light sport aircraft that:

has been assembled from a kit in relation to which the applicant can give the information, statement and documents required by paragraph 21.193(e); and

has been assembled in accordance with the kit manufacturer’s instructions for assembling the aircraft; and

is of the same make and model as a production aircraft covered by regulation 21.186 that has been issued with a special certificate of airworthiness;

operating any other light sport aircraft covered by regulation 21.186 for which a special certificate of airworthiness for light sport aircraft, or another document of similar effect under a law of a Contracting State, has been issued.

Source FARs section 21.191 modified.

An aircraft registration holder, or the owner of an aircraft that is listed with a Part 103 ASAO, is eligible to apply for an experimental certificate for one or more of the purposes mentioned in regulation 21.191.

An applicant for an experimental certificate is entitled to the certificate if the applicant gives CASA, an authorised person or a relevant approved design organisation the following:

a statement, in a form and manner acceptable to CASA or the authorised person, setting forth the purpose for which the aircraft is to be used;

enough data (such as photographs) to identify the aircraft;

upon inspection of the aircraft, any information reasonably needed by CASA or the authorised person or relevant approved design organisation to enable it to impose any conditions, including operational limitations, necessary in the interests of the safety of other airspace users and persons on the ground or water;

if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(a) (research and development) or paragraph 21.191(b) (showing compliance with the regulations):

a description of the experimental purposes for which the certificate is sought; and

a statement setting out the estimated time or number of flights required for the purpose; and

a description of the areas over which the experiment will be conducted; and

except for aircraft converted from a previously certificated type without appreciable change in the external configuration—three-view drawings or three-view dimensioned photographs of the aircraft;

if the experimental certificate is to be issued for a purpose mentioned in paragraph 21.191(j) (operating certain light sport aircraft):

written information that shows that a special certificate of airworthiness for light sport aircraft covered by regulation 21.186, or another document of similar effect under a law of a Contracting State, has been issued for a production aircraft of the same make and model; and

a statement of compliance, issued by the manufacturer of the kit from which the aircraft was assembled, that includes the statements and information required by subregulation 21.186(2), in so far as the statements and information relate to the manufacture of such kits; and

copies of the aircraft assembly and operating instructions, aircraft maintenance and inspection procedures, and aircraft flight training supplement, issued for the aircraft by the manufacturer.

Source FARs section 21.193 modified.

A manufacturer of aircraft manufactured within Australian territory is eligible to apply for an experimental certificate for an aircraft that is to be used for a purpose mentioned in paragraph 21.191(f).

A manufacturer of aircraft engines who has altered a type certificated aircraft by installing different engines, manufactured by the manufacturer within Australian territory, is eligible to apply for an experimental certificate for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, acrobatic, commuter, primary, intermediate or transport category.

A person who has altered the design of a type certificated aircraft is eligible to apply for an experimental certificate for the altered aircraft to be used for a purpose mentioned in paragraph 21.191(f) if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, primary, intermediate or transport category.

An applicant for an experimental certificate for a purpose mentioned in paragraph 21.191(f) is entitled to the certificate if, in addition to meeting the requirements of regulation 21.193:

the applicant has established an inspection and maintenance program for the continued airworthiness of the aircraft; and

the aircraft has been flown for at least 50 hours, or for at least 5 hours if it is a type certificated aircraft which has been modified.

Source FARs section 21.195 modified.

Subject to regulation 11.055, CASA, an authorised person or a relevant approved design organisation must issue an experimental certificate to an applicant for the certificate if the applicant:

is eligible, under regulation 21.192, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

A condition imposed on an experimental certificate under regulation 11.056 may include operational limitations.

Any conditions imposed on an experimental certificate under regulation 11.056, must be in writing and set out in, or attached to, the experimental certificate.

An experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:

if a period of less than one year is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or

in any other case—until the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.

An experimental certificate issued for the purpose of exhibition, air racing, operating amateur-built, kit-built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191(a), (b) or (d), continues in force:

if a period is specified in the certificate—until the end of the period, or until it is cancelled, whichever occurs first; or

in any other case—until it is cancelled.

The holder of an experimental certificate commits an offence if:

CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and

the holder does not make the certificate available for inspection in accordance with the request.

Penalty: 50 penalty units.

An experimental certificate for an aircraft is taken to not be in force for any period during which the aircraft is either not registered in Australia or not listed with a Part 103 ASAO.

For the purposes of subregulation (4), the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.

CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:

any maintenance is not carried out in accordance with regulation 42CB of CAR; or

CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.

A notice under subregulation (5) must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

The holder of an experimental certificate commits an offence if:

the certificate is taken to not be in force under subregulation (4), expires or is suspended or cancelled; and

CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and

the holder does not surrender the certificate in accordance with the request.

Penalty: 50 penalty units.

An offence against subregulation (3) or (8) is an offence of strict liability.

Note 1: For strict liability, see section 6.1 of the Criminal Code.

Source FARs section 21.181 modified.

Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates.

An authorised person or a relevant approved design organisation may exercise the following powers in relation to an experimental certificate only if the person or organisation issued the certificate:

asking the holder to make the certificate available for inspection under subregulation 21.195B(3);

asking the holder to surrender the certificate under subregulation 21.195B(8).

Any person is eligible to apply for a special flight permit.

A special flight permit may be issued for one or more of the following purposes for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose:

flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage;

delivering or exporting the aircraft;

production flight testing new production aircraft;

evacuating the aircraft from areas of impending danger;

conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests;

assisting in searching for, bringing aid to or rescuing persons in danger on a particular occasion;

assisting in dealing with a state of emergency.

A special flight permit may authorise the operation of an aircraft at a weight in excess of its maximum take-off weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available. The excess weight that may be authorised under this paragraph is limited to the additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight.

For subsection 20AA(1) of the Act, an aircraft with a special flight permit, except a special flight permit issued for a purpose mentioned in paragraph (1)(b), is not required to be registered.

For paragraph 20AA(3)(a) of the Act, an aircraft with a special flight permit is not required to have a certificate of airworthiness.

If CASA or an authorised person issues a special flight permit for an aircraft, CASA or the authorised person may direct that any of the following do not apply in relation to the aircraft while the permit is in force:

paragraph 91.145(2)(c);

paragraph 91.145(2)(d);

Division 91.C.3.

Source FARs section 21.197 modified.

An applicant for a special flight permit must submit a statement to CASA or an authorised person, indicating the following:

the purpose or purposes of the flight;

the proposed itinerary;

the crew required to operate the aircraft and its equipment, for example, pilot, co-pilot, navigator;

the ways, if any, in which the aircraft does not comply with the applicable airworthiness requirements;

any restriction the applicant considers necessary for safe operation of the aircraft;

any other information that CASA or the authorised person reasonably needs to be able to prescribe operating limitations or other conditions in the interests of aviation safety.

CASA or an authorised person may make, or require the applicant to make, appropriate inspections or tests necessary to determine whether the aircraft can reasonably be expected to be capable of safe flight for the intended purpose or purposes.

Source FARs section 21.199 modified.

Subject to subregulation (1A) and regulation 11.055, CASA or an authorised person must issue a special flight permit to an applicant for the permit if the applicant:

is eligible, under regulation 21.196, to apply for the permit; and

applies for the permit in accordance with this Subpart; and

otherwise complies with this Part.

CASA or an authorised person must not issue a special flight permit for an aircraft if:

the aircraft is covered by an airworthiness directive (within the meaning of regulation 39.002); and

the airworthiness directive includes a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive.

A condition imposed on a special flight permit under regulation 11.056 may include operational limitations.

Any conditions imposed on a special flight permit under regulation 11.056, and any conditions imposed under regulation 21.016 or 21.029B that limit the use of the aircraft, must be in writing and set out in, or attached to, the special flight permit.

The holder of a special flight permit must, on the request of CASA or an authorised person, make it available for inspection by CASA or an authorised person.

Penalty: 5 penalty units.

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

Note: For strict liability, see section 6.1 of the Criminal Code.

CASA or an authorised person may suspend or cancel a special flight permit, by written notice given to its holder, if CASA or the authorised person considers that it is necessary to do so in the interests of aviation safety.

A notice under subregulation (3) must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Source FARs section 21.181 modified.

Subpart 21.I—Provisional certificates of airworthiness

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of special flight permits.

Note: A provisional certificate of airworthiness issued under this Part for an aircraft, aircraft engine or propeller does not certify that it complies with the Air Navigation (Aircraft Noise) Regulations 2018, the Air Navigation (Aircraft Engine Emissions) Regulations or any other applicable Commonwealth legislation. Compliance with those Regulations or other applicable Commonwealth legislation may be required before the aircraft, aircraft engine or propeller may be legally operated.

This Subpart prescribes requirements for the issue of provisional certificates of airworthiness.

Source FARs section 21.211 modified.

A manufacturer is eligible to apply for a Class I or Class II provisional certificate of airworthiness for aircraft manufactured by the manufacturer in Australian territory.

The holder of an Australian air transport AOC that authorises scheduled air transport operations is eligible to apply for a Class II provisional certificate of airworthiness for transport category aircraft if:

the aircraft has a current Class II provisional type certificate or a current amendment of a Class II provisional type certificate; or

the aircraft has a current provisional amendment to a type certificate that was preceded by a corresponding Class II provisional type certificate.

An aircraft engine manufacturer who has altered a type certificated aircraft by installing different type certificated engines, manufactured by the aircraft engine manufacturer in Australian territory, is eligible to apply for a Class I provisional certificate of airworthiness for that aircraft, if the basic aircraft, before alteration, was type certificated in the normal, utility, acrobatic, commuter, primary, intermediate or transport category.

Source FARs section 21.213 modified.

Application for a provisional certificate of airworthiness may be submitted to CASA. The application must be accompanied by the pertinent information specified in these Regulations.

Source FARs section 21.215 modified.

Subject to regulation 11.055, CASA must issue a provisional certificate of airworthiness to an applicant for the certificate if the applicant:

is eligible, under regulation 21.213, to apply for the certificate; and

applies for the certificate in accordance with this Subpart; and

is entitled, under this Subpart, to the certificate; and

otherwise complies with this Part.

Unless sooner cancelled, provisional certificates of airworthiness are effective for the duration of the corresponding provisional type certificate, amendment to a provisional type certificate, or provisional amendment to the type certificate.

Despite subregulation (1), a provisional certificate of airworthiness is not in force during any period of suspension.

CASA may suspend or cancel a provisional certificate of airworthiness, by written notice given to its holder, if CASA considers that it is necessary to do so in the interests of aviation safety.

A notice must set out:

the grounds for the suspension or cancellation; and

in the case of a suspension—when the suspension stops having effect.

Source FARs section 21.217 modified.

Note: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of provisional certificates of airworthiness.

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.

Except as provided in regulation 21.225, an applicant who holds a Class I provisional type certificate for an aircraft is entitled to a Class I provisional certificate of airworthiness for the aircraft if:

the applicant meets the eligibility requirements of regulation 21.213; and

CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the requirements and limitations under subregulation 21.081(4) and Division 91.T.3.

The manufacturer must hold a provisional type certificate for the aircraft.

The manufacturer must submit a statement that the aircraft conforms to the type design corresponding to the provisional type certificate and has been found by the manufacturer to be in safe operating condition under all applicable limitations.

The aircraft must be flown at least five hours by the manufacturer.

The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the requirements and limitations under subregulation 21.081(4) and Division 91.T.3.

Source FARs section 21.221 modified.

Except as provided in regulation 21.225, an applicant who holds a Class II provisional type certificate for an aircraft is entitled to a Class II provisional certificate of airworthiness for the aircraft if:

the applicant meets the eligibility requirements of regulation 21.213; and

CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the requirements and limitations under subregulation 21.083(7) and Division 91.T.3.

The applicant must show that a Class II provisional type certificate for the aircraft has been issued to the manufacturer.

The applicant must submit a statement by the manufacturer that the aircraft has been manufactured under a quality system adequate to ensure that the aircraft conforms to the type design corresponding with the provisional type certificate.

The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations.

The aircraft must be flown at least five hours by the manufacturer.

The aircraft must be supplied with a provisional aircraft flight manual containing the requirements and limitations under subregulation 21.083(7) and Division 91.T.3.

Source FARs section 21.223 modified.

An applicant is entitled to a Class I or a Class II provisional certificate of airworthiness for an aircraft for which a provisional amendment to the type certificate has been issued, if:

the applicant meets the eligibility requirements of regulation 21.213; and

CASA is satisfied that the requirements of this regulation are satisfied and that there is no feature, characteristic, or condition of the aircraft, as modified in accordance with the provisionally amended type certificate, that would make the aircraft unsafe when operated in accordance with the applicable requirements and limitations under subregulation 21.085(6) and Division 91.T.3.

The applicant must show that the modification was made under a quality system adequate to ensure that the modification conforms to the provisionally amended type certificate.

The applicant must submit a statement that the applicant has found the aircraft to be in a safe operating condition under the applicable limitations.

The aircraft must be flown at least five hours by the manufacturer.

The aircraft must be supplied with a provisional aircraft flight manual or other document and appropriate placards containing the requirements and limitations under subregulation 21.085(6) and Division 91.T.3.

Source FARs section 21.225 modified.

Subpart 21.J—Approved design organisations

For these Regulations, the airworthiness standards for a sailplane or powered sailplane are the airworthiness standards set out in EASA CS-22, as in force from time to time, with the changes provided under this Part.

For these Regulations, the incidental provisions of EASA CS-22, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in EASA CS-22 to the Agency is taken to be a reference to CASA.

For the application of EASA CS-22 under this Part:

an approval (however described) mentioned in EASA CS-22 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-22 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-22, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note: Regulation 202.060 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the normal category, utility category, acrobatic category or commuter category are as follows:

the airworthiness standards set out in Part 23 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-VLA, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-23, as in force from time to time, with the changes provided under this Part.

An aeroplane in the normal category, utility category, acrobatic category or commuter category meets the airworthiness standards for these Regulations if the aeroplane meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b); or

the standards mentioned in paragraph (1)(c).

For these Regulations:

the incidental provisions of Part 23 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-VLA, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part; and

the incidental provisions of EASA CS-23, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 23 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 23 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-VLA to the Agency is taken to be a reference to CASA.

For this Part, a reference in EASA CS-23 to the Agency is taken to be a reference to CASA.

For the application of Part 23 of the FARs under this Part:

an approval (however described) mentioned in Part 23 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-VLA under this Part:

an approval (however described) mentioned in EASA CS-VLA may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-VLA is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-VLA, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-23 under this Part:

an approval (however described) mentioned in EASA CS-23 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-23 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-23, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note: Regulation 202.070 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the transport category are as follows:

the airworthiness standards set out in Part 25 of the FARs, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C;

the airworthiness standards set out in EASA CS-25, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C.

An aeroplane in the transport category meets the airworthiness standards for these Regulations if the aeroplane meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b).

For these Regulations:

the incidental provisions of Part 25 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-25, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

Subpart 25.B—Changes to FARs and EASA CS-25

For this Part, a reference in Part 25 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 25 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-25 to the Agency is taken to be a reference to CASA.

For the application of Part 25 of the FARs under this Part:

an approval (however described) mentioned in Part 25 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-25 under this Part:

an approval (however described) mentioned in EASA CS-25 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-25 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-25, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note: Regulation 202.090 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

Subpart 25.C—Airworthiness standards directed by ICAO

This Subpart sets out airworthiness standards giving effect to the International Civil Aviation Organization’s policy of protection of an aeroplane and its occupants.

(1) For this regulation, a least-risk bomb location is a location on an aeroplane where an explosive device can be placed to minimise the effects on the aeroplane if the device detonates.

A least-risk bomb location on an aeroplane must be specified in the flight manual.

The airworthiness standards for an aircraft in the primary category or intermediate category are so much of the airworthiness standards set out in Parts 22, 23, 27, 32, 33 and 35 as apply to an aircraft of that type.

For these Regulations, the incidental provisions of an instrument mentioned in Part 22, 23, 27, 32, 33 or 35 apply to the operation of the airworthiness standards in that instrument.

For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the normal category are as follows:

the airworthiness standards set out in Part 27 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-27, as in force from time to time, with the changes provided under this Part.

A rotorcraft in the normal category meets the airworthiness standards for these Regulations if the aircraft meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b).

For these Regulations:

the incidental provisions of Part 27 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-27, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 27 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 27 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-27 to the Agency is taken to be a reference to CASA.

For the application of Part 27 of the FARs under this Part:

an approval (however described) mentioned in Part 27 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-27 under this Part:

an approval (however described) mentioned in EASA CS-27 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-27 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-27, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the transport category are as follows:

the airworthiness standards set out in Part 29 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-29, as in force from time to time, with the changes provided under this Part.

A rotorcraft in the transport category meets the airworthiness standards for these Regulations if the aircraft meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b).

For these Regulations:

the incidental provisions of Part 29 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-29, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 29 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 29 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-29 to the Agency is taken to be a reference to CASA.

For the application of Part 29 of the FARs under this Part:

an approval (however described) mentioned in Part 29 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-29 under this Part:

an approval (however described) mentioned in EASA CS-29 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-29 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-29, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For these Regulations, subject to subregulation (2), the airworthiness standards for a manned free balloon are as follows:

the airworthiness standards set out in Part 31 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-31HB, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-31GB, as in force from time to time, with the changes provided under this Part.

A manned free balloon meets the airworthiness standards for these Regulations if the balloon meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b); or

the standards mentioned in paragraph (1)(c).

For these Regulations:

the incidental provisions of Part 31 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-31HB, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part; and

the incidental provisions of EASA CS-31GB, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 31 of the FARs to the FAA or to the Administrator is taken to be a reference to CASA.

For this Part, a reference in EASA CS-31HB to the Agency is taken to be a reference to CASA.

For this Part, a reference in EASA CS-31GB to the Agency is taken to be a reference to CASA.

For the application of Part 31 of the FARs under this Part:

an approval (however described) mentioned in Part 31 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for the FAA or the Administrator under Part 31 of the FARs is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under Part 31 of the FARs, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-31HB under this Part:

an approval (however described) mentioned in EASA CS-31HB may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-31HB is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-31HB, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-31GB under this Part:

an approval (however described) mentioned in EASA CS-31GB may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-31GB is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-31GB, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For these Regulations, the airworthiness standards for an aircraft engine for use in a very light aeroplane are the airworthiness standards set out in EASA CS-22, as in force from time to time, with the changes provided under this Part.

For these Regulations, the incidental provisions of EASA CS-22, as in force from time to time, apply to the operation of the airworthiness standards in that Subpart, with the changes provided under this Part.

For this Part, a reference in EASA CS-22 to the Agency is taken to be a reference to CASA.

For the application of EASA CS-22 under this Part:

an approval (however described) mentioned in EASA CS-22 may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-22 is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-22, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note: Regulation 202.140 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft engine, other than an aircraft engine for use in a very light aeroplane, are as follows:

the airworthiness standards set out in Part 33 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-E, as in force from time to time, with the changes provided under this Part.

An aircraft engine, other than an aircraft engine for use in a very light aeroplane, meets the airworthiness standards for these Regulations if the engine meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b).

For these Regulations:

the incidental provisions of Part 33 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-E, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 33 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 33 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-E to the Agency is taken to be a reference to CASA.

For the application of Part 33 of the FARs under this Part:

an approval (however described) mentioned in Part 33 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-E under this Part:

an approval (however described) mentioned in EASA CS-E may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-E is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-E, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft propeller are as follows:

the airworthiness standards set out in Part 35 of the FARs, as in force from time to time, with the changes provided under this Part;

the airworthiness standards set out in EASA CS-P, as in force from time to time, with the changes provided under this Part.

An aircraft propeller meets the airworthiness standards for these Regulations if it meets:

the standards mentioned in paragraph (1)(a); or

the standards mentioned in paragraph (1)(b).

For these Regulations:

the incidental provisions of Part 35 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

the incidental provisions of EASA CS-P, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

For this Part, a reference in Part 35 of the FARs to the United States is a reference to Australia or, when used in a geographical sense, to Australian territory.

For this Part, a reference in Part 35 of the FARs to the FAA or to the Administrator is a reference to CASA.

For this Part, a reference in EASA CS-P to the Agency is taken to be a reference to CASA.

For the application of Part 35 of the FARs under this Part:

an approval (however described) mentioned in Part 35 of the FARs may be given by CASA; and

CASA may suspend or cancel an approval under paragraph (a), if it is necessary in the interests of aviation safety; and

for these Regulations, an approval (however described) given by or for the FAA or the Administrator under that Part is taken to have been given by CASA; and

for these Regulations, CASA may suspend or cancel an approval given by or for the FAA or the Administrator under that Part as if it had been given by CASA, if it is necessary in the interests of aviation safety.

For the application of EASA CS-P under this Part:

an approval (however described) mentioned in EASA CS-P may be given by CASA; and

CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

an approval (however described) given by or for EASA under EASA CS-P is taken to have been given by CASA under these Regulations; and

for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS-P, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

In these Regulations:

airworthiness directive means:

an Australian airworthiness directive; or

for a type certificated aircraft—a foreign State of Design airworthiness directive issued on or after 1 October 2009; or

for a model of type certificated aircraft that is first registered in Australia on or after 1 October 2009—a foreign State of Design airworthiness directive issued before 1 October 2009 for that model or for an aeronautical product that is part of, or used in, that model.

Australian airworthiness directive means a document, as in force from time to time, issued by CASA under subregulation 39.001(1).

foreign State of Design airworthiness directive, for a kind of aircraft or aeronautical product for which Australia is not the State of Design, means a document, as in force from time to time, that:

is issued by the national aviation authority of the State of Design of the aircraft or aeronautical product; and

is of the same nature as an Australian airworthiness directive.

For paragraph 98(5A)(b) of the Act, CASA may issue an Australian airworthiness directive for a kind of aircraft, or a kind of aeronautical product, if:

an unsafe condition exists in an aircraft or aeronautical product of that kind; and

the condition exists, or is likely to exist, or could develop, in other aircraft or aeronautical products of that kind.

The airworthiness directive must:

be in writing; and

state the kind of aircraft or aeronautical product to which it relates; and

require that the action set out in the instrument (being action that relates to aircraft or aeronautical products of the kind stated and is, in the opinion of CASA, necessary to correct the unsafe condition) be taken at the time, or in the circumstances, mentioned in the instrument.

If an airworthiness directive has been issued for a kind of aircraft or a kind of aeronautical product, then, except for aircraft or aeronautical products excluded from the operation of the airworthiness directive under subregulation (2) or paragraph 39.004(2)(b) or (3)(b), all aircraft or aeronautical products of that kind are covered by the airworthiness directive until:

the airworthiness directive is revoked; or

the requirements of the airworthiness directive have been complied with; or

the requirements of a means of compliance with the airworthiness directive, approved by CASA under paragraph 39.004(2)(a) or (3)(a), have been complied with; or

the requirements of a means of compliance with the airworthiness directive, approved by the national aviation authority that issued the airworthiness directive, have been complied with.

An aircraft, or an aeronautical product fitted to an aircraft, is excluded from the operation of an airworthiness directive mentioned in subregulation (3) if:

the aircraft is a type certificated aircraft; and

a standard certificate of airworthiness is not in force for the aircraft; and

the aircraft is not type certificated in the primary, intermediate or restricted category.

The airworthiness directives are:

(a) unless the airworthiness directive is expressed to apply to the aircraft—an airworthiness directive mentioned in paragraph (a) of the definition of airworthiness directive in regulation 39.001A; and

(b) an airworthiness directive mentioned in paragraph (b) or (c) of the definition of airworthiness directive in regulation 39.001A.

This regulation applies to an aircraft of a particular model if:

on or after 1 October 2009, the aircraft becomes an Australian aircraft; and

the aircraft is not the first aircraft of that model to become an Australian aircraft.

The requirements of an Australian airworthiness directive for the model of aircraft are taken to have been complied with in respect of the aircraft if:

the requirements of a foreign State of Design airworthiness directive for the model of aircraft have been complied with in respect of the aircraft; and

the requirements of the foreign State of Design airworthiness directive are equivalent to the requirements of the Australian airworthiness directive.

The requirements of an Australian airworthiness directive for an aircraft are taken to have been complied with in respect of the aircraft if:

the Australian airworthiness directive was issued before 1 October 2009; and

an equivalent foreign State of Design airworthiness directive has been issued; and

the requirements of a means of compliance with the equivalent foreign State of Design airworthiness directive, approved by the national aviation authority that issued the airworthiness directive, have been complied with in respect of the aircraft.

A person must not operate an Australian aircraft, or a Part 103 aircraft, that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies):

in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or

while any other requirement of the airworthiness directive has not been complied with.

Penalty: 50 penalty units.

The registered operator of an Australian aircraft that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies), must not permit a person to operate the aircraft:

in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or

while any other requirement of the airworthiness directive has not been complied with.

Penalty: 50 penalty units.

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

This subregulation applies to an aircraft covered by an airworthiness directive if:

the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive; and

the aircraft is authorised to operate under a special flight permit that is in force.

This subregulation applies to an aircraft that is fitted with an aeronautical product covered by an airworthiness directive if:

the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft fitted with an aeronautical product covered by the airworthiness directive; and

the aircraft is authorised to operate under a special flight permit that is in force.

A person may, in writing, ask CASA for:

an approval of a means of compliance other than that set out in an airworthiness directive; or

an exclusion from an airworthiness directive.

Particular aircraft or aeronautical products

For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

approve, for a particular aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or

exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive.

Kind of aircraft or aeronautical products

For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

approve, for a particular kind of aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or

exclude a particular kind of aircraft or aeronautical product from the operation of an airworthiness directive.

Decision making criteria

When making a decision under subregulation (2) or (3), CASA must:

regard the preservation of a level of aviation safety that is at least acceptable as paramount; and

if a person makes a request under subregulation (1)—have regard to any reasons given in the request.

Approval or exclusion may be subject to conditions

CASA may, in an instrument of approval or exclusion, provide that the approval or exclusion is subject to 1 or more specified conditions.

Operator must comply with conditions

An instrument of approval or exclusion applies to a particular aircraft or aeronautical product only if the operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the approval or exclusion.

If a foreign State of Design airworthiness directive specifies that a document or thing must be sent to an national aviation authority, a person must, to comply with the airworthiness directive, send the document or thing to CASA.

A person may ask CASA in writing to review the operation of an Australian airworthiness directive on the ground that all aircraft or aeronautical products covered by the Australian airworthiness directive, or all aircraft or aeronautical products of a kind mentioned in the request (being aircraft or aeronautical products covered by the Australian airworthiness directive), need no longer be covered by the Australian airworthiness directive because:

the instructions issued by the manufacturer or manufacturers of those aircraft or aeronautical products for the carrying out of maintenance on those aircraft or aeronautical products have been amended; and

if maintenance is carried out on those aircraft or aeronautical products in accordance with those instructions as amended, the unsafe condition that the Australian airworthiness directive seeks to correct will no longer exist, or is not likely to exist, or cannot develop, in those aircraft or aeronautical products.

(1) Within 28 days after receiving a request from a person (the applicant) under regulation 39.006, CASA must give to the applicant a notice setting out:

the steps that CASA proposes to take to investigate whether the ground on which the request is made can be substantiated; and

an estimate of the time likely to be taken by the investigation.

In carrying out the investigation, CASA must consider:

all information provided by the applicant (whether on his or her own initiative or at the request of CASA); and

any other information that CASA reasonably considers to be relevant to the investigation.

If, after carrying out the investigation, CASA is satisfied that the ground for making the request has been substantiated, CASA must revoke or amend the Australian airworthiness directive (as the case requires) so that those aircraft or aeronautical products to which the request relates are not covered by the Australian airworthiness directive.

This regulation does not affect the power that, apart from this regulation, CASA has to revoke or amend an Australian airworthiness directive.

This Part:

sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which this Part applies; and

empowers CASA to issue a Manual of Standards for this Part.

Note: See Part 21 in relation to initial airworthiness requirements for aircraft and aeronautical products, and the issue of certificates of airworthiness for aircraft.

Subject to Subpart 202.BA, this Part applies to:

a registered aircraft; and

an aeronautical product for a registered aircraft.

Note 1: For the definition of registered, see Part 1 of the Dictionary.

Note 2: Subpart 202.BA contains application and transitional provisions for this Part. Under regulations 202.180 and 202.181, this Part applies to the following:

a registered aircraft that is used to conduct a Part 121 operation that is a scheduled air transport operation;

a registered aircraft that is used to conduct a Part 135 operation that is a scheduled air transport operation;

a registered aircraft for which an election under regulation 202.181 is in force;

an aeronautical product for an aircraft mentioned in paragraph (a) or (b);

a Part 145 organisation that is providing maintenance services for an aircraft or aeronautical product mentioned in paragraph (a), (b) or (c);

an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on an aircraft mentioned in paragraph (a) or (b).

In this Part:

accountable manager:

for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and

for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1).

aircraft control system, for an aircraft, means the system of the aircraft by which the flight path, attitude or propulsive force of the aircraft is changed.

airworthiness review means a review carried out under Division 42.I.3.

airworthiness review certificate means a document that complies with regulation 42.860.

airworthiness review employee means an individual who is authorised by a continuing airworthiness management organisation in accordance with the Part 42 Manual of Standards to do the following on behalf of the organisation: carry out an airworthiness review for an aircraft; issue an airworthiness review certificate.

carry out an airworthiness review for an aircraft;

issue an airworthiness review certificate.

airworthy has the meaning given by subregulation (2).

approval certificate:

for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and

for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1).

approval certificate reference number means:

for a Subpart 42.F organisation—the number determined by CASA under subregulation 42.520(2); and

for a continuing airworthiness management organisation—the number determined by CASA under subregulation 42.595(2); and

for a Part 145 organisation—the number determined by CASA under subregulation 145.035(2).

approval rating means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 42 Manual of Standards.

approved design means:

for an aircraft, aircraft engine or propeller:

the type design for the aircraft, engine or propeller; and

any changes to the type design made in accordance with a Part 21 approval; and

for an aeronautical product, other than an aircraft engine or propeller, that is approved in a manner mentioned in regulation 21.305 or 21.305A:

the design specifications for the product; and

any changes to the design specifications made in accordance with a Part 21 approval.

approved maintenance program, for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J, including any variations to the program that have been approved in accordance with Subpart 42.J.

approved reliability program, for an aircraft, means a reliability program for the aircraft that has been approved in accordance with Subpart 42.L, including any variations to the program that have been approved in accordance with Subpart 42.L.

certification authorisation number means:

for a certification authorisation issued by a Subpart 42.F organisation—the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 42 Manual of Standards; and

for a certification authorisation issued by a Part 145 organisation—the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 145 Manual of Standards.

competent, to carry out maintenance on an aircraft or aeronautical product, has the meaning given by subregulation 42.315(1).

configuration deviation list, for an aircraft, means a document that:

is prepared by the aircraft’s type certificate holder or foreign type certificate holder; and

is approved by the State of Design for the aircraft; and

lists each external part of the aircraft that is permitted to be missing from the aircraft, under conditions specified in the document, at the commencement of a flight by the aircraft.

continuing airworthiness management service has the meaning given by subregulation 42.575(1).

continuing airworthiness manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).

continuing airworthiness record, for an aircraft, has the meaning given by subregulation (3).

continuing airworthiness records system, for an aircraft, means the system required by regulation 42.170 for the aircraft.

continuing airworthiness responsibility, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).

creation date has the meaning given by subregulation 42.260(2).

critical control system maintenance, for an aircraft:

means maintenance carried out on the aircraft control system for the aircraft that, if not carried out correctly, may result in a failure, malfunction or defect of the system that will endanger the safe operation of the aircraft; and

does not include optional dual flight control maintenance.

eligible to be fitted, for a part, has the meaning given by subregulation (4).

eligible to be used, for a material, has the meaning given by subregulation (5).

exposition:

for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and

for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1); and

for a Part 145 organisation—has the meaning given by subregulation 145.010(1).

independent individual, for critical control system maintenance for an aircraft, has the meaning given by regulation 42.335.

independent maintainer means an individual mentioned in item 1, 3, 4 or 5 of table 42.300.

life limit, for an aeronautical product that is fitted, or is to be fitted, to an aircraft or another aeronautical product (the second aeronautical product), means:

if an airworthiness directive specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or

if paragraph (a) does not apply, and the approved design for the aircraft specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or

if paragraphs (a) and (b) do not apply, and the approved design for the second aeronautical product specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or

if none of paragraphs (a), (b) and (c) apply—the amount of use, or age, specified in the approved design for the product as the amount of use, or age, after which the product must not be used.

Note: Life limit may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period.

main location, for a Part 145 organisation, has the meaning given by the Part 145 Manual of Standards.

maintenance program, for an aircraft that is authorised to operate under an AOC or a large aircraft, means the approved maintenance program for the aircraft.

maintenance program approval employee, for a continuing airworthiness management organisation, means an individual who is authorised by the organisation in accordance with the Part 42 Manual of Standards:

to approve a maintenance program for an aircraft; or

to approve a variation to a maintenance program for an aircraft.

maintenance record means:

for maintenance carried out on an aircraft—a record that contains:

the information required under regulation 42.395; and

the maintenance certification for the maintenance; and

for maintenance carried out on an aeronautical product—a record required to be made under regulation 42.400.

optional dual flight control maintenance means maintenance: that involves only the connection or disconnection of optional dual flight controls without using tools; and that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system.

that involves only the connection or disconnection of optional dual flight controls without using tools; and

that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system.

Part 21 approval means:

for a change to the type design of an aircraft, aircraft engine or propeller:

an approval under regulation 21.095 or 21.098; or

an approval in a supplemental type certificate or a foreign supplemental type certificate; or

a modification/repair design approval; or

an approval taken to have been given under regulation 21.465 or 21.470; or

an approval mentioned in regulation 21.475; or

an approval that continues in force under regulation 202.054, 202.055 or 202.056; and

for a change to the design of an aeronautical product other than an aircraft engine or propeller:

a modification/repair design approval; or

an approval taken to have been given under regulation 21.465 or 21.470; or

an approval mentioned in regulation 21.475; or

an approval that continues in force under regulation 202.054, 202.055 or 202.056.

Note: For the definition of modification/repair design approval, see Part 1 of the Dictionary.

Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020.

person responsible for continuing airworthiness, for an aircraft, has the meaning given by regulation 42.105.

qualified individual, for a defect in an aircraft, has the meaning given by regulation 42.350.

quality manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).

responsibility start date, for a person and an aircraft, means the day on which the person becomes the person responsible for continuing airworthiness for the aircraft.

responsible manager:

for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and

for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1).

serviceable, in relation to an aeronautical product, has the meaning given by subregulation (6).

significant change:

for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and

for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1).

unapproved, in relation to a part, has the meaning given by regulation 42.470.

unsalvageable, in relation to an aeronautical product, has the meaning given by subregulation (7).

Note: See the Dictionary for definitions of other terms used in this Part.

(2) An aircraft is airworthy if it is in a state that conforms with its approved design and is in a condition for safe operation.

(3) Each of the following is a continuing airworthiness record for an aircraft:

a record made under paragraph 42.130(3)(b) for the aircraft;

a record made under Subdivision 42.C.3.2 for the aircraft;

a document kept under regulation 42.215 for the aircraft;

a record made under this Part in the flight technical log for the aircraft;

a record made by a means, other than a flight technical log, approved by CASA under regulation 42.250;

a record made under regulation 42.345 for the aircraft;

a record made under regulation 42.370 for the aircraft;

a maintenance record for maintenance carried out on the aircraft;

a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft;

a copy of the design of a modification or repair that is unique to the aircraft;

if an aircraft maintenance record was kept for the aircraft in accordance with Division 10 of Part 4A of CAR—that aircraft maintenance record;

a document for the aircraft:

that is equivalent to a document mentioned in paragraphs (a) to (k); and

that was issued or kept under a law of a foreign country;

a record of information for the aircraft:

that is equivalent to a record mentioned in paragraphs (a) to (k); and

that was made or kept under a law of a foreign country.

Note: For paragraph (d), see the notes to regulation 42.220.

(4) A part is eligible to be fitted to an aircraft or another aeronautical product if the fitting is permitted:

by the approved design for the aircraft or the other aeronautical product that the aeronautical product will be fitted to; or

by an Australian Parts Manufacturer Approval; or

by a Parts Manufacturer Approval issued by the FAA; or

by a parts manufacturer approval issued by a national aviation authority to which subregulation (4A) applies.

For paragraph (4)(d). this subregulation applies to the national aviation authority of a Contracting State if:

Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or

CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.

(5) A material is eligible to be used in or on an aircraft or an aeronautical product if the use is permitted:

by the approved design for the aircraft or the aeronautical product; or

by maintenance data for maintenance to be carried out on the aircraft or aeronautical product.

(6) An aeronautical product is serviceable if the product:

conforms with its approved design; and

is fit for its intended use.

(7) An aeronautical product is unsalvageable if the product:

is unserviceable; and

cannot be made serviceable.

Power to issue Manual of Standards

For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft.

Matters—general

In particular, a Manual of Standards may specify the following matters:

(a) for paragraph (b) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (a) of that definition;

(b) for paragraph (d) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (c) of that definition;

(c) for subparagraph (b)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a large aircraft;

(d) for subparagraph (d)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a large aircraft;

(e) for subparagraph (b)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a small aircraft;

(f) for subparagraph (d)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a small aircraft;

maintenance for items 1 and 2 of table 42.300;

maintenance for item 3 of table 42.300;

maintenance for items 4 and 5 of table 42.300;

countries for regulations 42.301 and 42.306;

requirements for a maintenance program;

requirements for a reliability program;

that a document is an aviation industry standard;

the matters mentioned in subregulation (3) for Subpart 42.F;

the matters mentioned in subregulation (4) for Subpart 42.G.

Matters for Subpart 42.F

For paragraph (2)(m), the matters are the following:

maintenance that is specialist maintenance for a Subpart 42.F organisation;

ratings for kinds of aircraft, aeronautical products and specialist maintenance;

the privileges that apply to an approval rating;

requirements for a Subpart 42.F organisation’s exposition;

requirements for a Subpart 42.F organisation, including requirements in relation to the following:

facilities;

managers;

employees;

employee qualifications;

the grant of certification authorisations;

equipment, tools and materials;

maintenance data;

the fabrication of parts in the course of carrying out maintenance;

records;

an annual review of the organisation’s compliance with this Part, the Part 42 Manual of Standards and the organisation’s exposition;

a procedure for making changes to the organisation that are not significant changes.

Matters for Subpart 42.G

For paragraph (2)(n), the matters are the following:

requirements for a continuing airworthiness management organisation’s exposition;

requirements for a continuing airworthiness management organisation, including requirements in relation to the following:

facilities;

managers;

employees;

employee qualifications;

equipment;

a quality management system, including auditing;

writing procedures for carrying out maintenance;

instructions for continuing airworthiness;

records;

a procedure for making changes to the organisation that are not significant changes.

Subpart 42.B—Requirements for registered operators