Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 50E

Inconsistent requirements -- resolution of inconsistencies

  (1)   This regulation applies where, apart from this regulation, a person would be required, by this Part, to comply with two requirements that are inconsistent.

  (2)   The person is only required to comply with whichever of the requirements has the higher priority.

  (3)   For the purposes of this regulation, two requirements are inconsistent if:

  (a)   it is not possible to comply with both of the requirements; or

  (b)   they require the same, or substantially the same, action to be taken at different times or in a different way.

  (4)   The order of priority of requirements is as follows (starting with those of highest priority):

  (a)   requirements in these Regulations (except those requirements mentioned in the remaining provisions of this subregulation);

  (b)   requirements in instruments made under these Regulations ;

  (c)   requirements in documents (including designs) approved by CASA or authorised persons under these Regulations ;

  (d)   requirements in instructions issued by designers of modifications of aircraft;

  (e)   requirements in instructions issued by designers of modifications of aircraft components;

  (f)   requirements in instructions issued by aircraft manufacturers;

  (g)   requirements in instructions issued by aircraft component manufacturers;

  (h)   requirements in instructions issued by aircraft material manufacturers;

  (j)   requirements in documents that are approved maintenance data because of paragraph   2 A( 2 )( e).

  (5)   If there is in existence more than one requirement of a kind mentioned in one of the paragraphs of subregulation   (4), then the requirement that is later in time has higher priority.


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