Commonwealth Numbered Regulations - Explanatory Statements
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CIVIL AVIATION AND CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2011 (NO. 1) (SLI NO 76 OF 2011)
Select Legislative Instrument 2011 No. 76
Issued by the authority of the Minister for Infrastructure and Transport
Civil Aviation Act 1988
Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to safety, and in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.
Subsection 9 (1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
The Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by transferring certification related requirements in the Civil Aviation Regulations 1988 (CAR) to CASR Part 21 - Certification and airworthiness requirements for aircraft and parts.
The Regulations also transfer aircraft and aeronautical products certification requirements and provisions related to approval of changes to flight manuals from the CAR to CASR Part 21. The Regulations will introduce a number of consequential amendments to set out transitional and savings provisions for engineering approvals, issued under CAR, and for authorised persons who currently have the power to approve designs under an Instrument of Appointment.
The amendments to CASR Part 21 will replace the existing requirements relating to certification of aircraft and aeronautical products in the current CAR. The Regulations repeal:
* CAR Part 4 Division 1;
* CAR 34, 35, 36, 36A; and
* CAR 54, 55 and 55A; and
amend other related provisions in the CAR, accordingly.
The Regulations will also add a new Subpart 21.M to CASR Part 21 to specify the requirements for approval of designs for modifications or repairs of aircraft and aeronautical parts. This Subpart provides a process for approval of designs for modifications or repairs, which is aligned with other major aviation authorities.
The legislative changes do not affect the current industry practices. Consultation on the Regulations was undertaken through the joint CASA/industry Standards Consultative Committee (SCC), the SCC Certification Standards Sub-committee and SCC Maintenance Standards Sub-committee. The initial consultation with these Committees took place in November 2009 and then again on the redrafted regulations in March 2011. The draft regulations were also provided for comment directly to industry delegates and authorised persons approving modifications and repairs.
CASA received several responses to the consultation drafts and all comments were evaluated and incorporated, as appropriate, into the regulations. In general the comments indicated that the proposal was acceptable to industry. As a result of these consultations, a number of amendments were made to the regulations including:
* Clarifying who the holder of a modification/repair design approval is;
* The arrangements for transferring a modification repair approval; and
* The process for approving a modification/repair approval when an equivalent level of safety determination is required.
A Regulatory Impact Statement Exemption (reference number 10087) has been obtained from the Office of Best Practice Regulation. The Office of Best Practice Regulation assessed the impacts of the proposal as nil or low and that the preparation of a Regulation Impact Statement was not required.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 27 June 2011 to coincide with the commencement of new CASR Parts 42, 66, 145 & 147 under Amendment Regulations: Civil Aviation and Civil Aviation Safety Amendment Regulations 2010.
ATTACHMENT
Details of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011
(No. 1)
Regulation 1 - Name of Regulations
This regulation provides that the title of the Regulations is the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the Amendment Regulations commence on 27 June 2011.
Regulation 3 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998 (CASR).
Regulation 4 - Amendment of Civil Aviation Regulations 1988
Regulation 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988 (CAR).
Schedule 1 - Amendments of Civil Aviation Safety Regulations 1998
Item [1] Paragraph 21.001 (a)
Item [1] expands the applicability of CASR Part 21 by adding reference to modification/repair design approvals.
Item [2] After subregulations 21.003 (2)
Item [2] inserts new subregulations 21.003 (2A) and 21.003 (2B) to require the holder of certain design approvals to report to CASA any failures, malfunctions and defects related to a modification or repair to which the design approval relates. An offence against subregulation 21.003 (2A) is an offence with a maximum penalty of 25 penalty units.
Item [2] also adds a new subregulation 21.003 (3) to provide defence provisions for subregulations 21.003 (1), 21.003 (2) and 21.003(2A). Item [2] also transfers the defence provisions currently contained in subregulations 21.003 (5) and 21.003 (10) to the newly added subregulation 21.003 (3) to improve clarity.
Item [3] Subregulation 21.003 (4)
Item [4] Subregulation 21.003 (5)
Item [4] is consequential to item [2]. It omits subregulation 21.003 (5) as this provision is now covered in the new subregulation 21.003 (3) introduced by item [2].
Item [5] Subregulation 21.003 (6)
Item [5] is consequential to item [2]. It also adds
subregulation 21.003(2A) to the provisions covered by subregulation 21.003(6).
Item [6] Subregulation 21.003 (10), including the note but not including the source reference
Item [6] omits subregulation 21.003(10) as this provision is now covered in the new
subregulation 21.003(3) introduced by item [2]. Item [6] also omits the current note at the end of regulation 21.003. This note is reinserted by item [2].
Item [7] Subregulation 21.005, heading
Item [7] rewords the heading of regulation 21.005 to improve clarity.
Item [8] Subregulation 21.005 (1) and (1A), including the note
Item [8] rewords and re-paragraphs subregulation 21.005 (1) to improve readability. It also removes the requirement for a supplemental type certificate holder to give an up-to-date aircraft flight manual for aircraft mentioned in subregulation 21.005 (1).
Item [9] Subregulation 21.005 (2)
Item [9] replaces 'aeroplane or rotorcraft' with the term 'aircraft' for clarity in subregulation 21.005(2).
Item [10] Subregulation 21.005 (3), note
Item [11] After subregulation 21.005 (3), insert
Item [11] inserts a new subregulation 21.005 (4) which provides that an offence against sub-regulations 21.005 (1A) and (1B) is an offence of strict liability. Strict liability is applied to these offences to be consistent with other CASRs as required in the interests of aviation safety. Each subregulation carries a maximum penalty of 25 penalty units.
Item [12] After regulation 21.005
Item [12] inserts the following new regulations:
New regulation 21.006 - Approval of aircraft flight manuals
This regulation sets out the kinds of persons who may apply for the approval of aircraft flight manuals and provides regulatory power to CASA or an authorised person to approve a flight manual.
New regulation 21.006A - Approval of changes to aircraft flight manuals
This regulation sets out the kinds of persons who may apply for the approval of changes to aircraft flight manuals and provides regulatory power to CASA or an authorised person to approve changes.
New regulation 21.007 - Permissible unserviceabilities -- unrepaired damage
This regulation transfers, in part, provisions of regulation 37 of CAR to CASR Part 21. It provides regulatory power to CASA or an authorised person to approve unrepaired damage to an Australian aircraft as a permissible serviceability.
New regulation 21.007A - Advice about major damage
This regulation requires CASA or an authorised person, on request in writing, to provide advice, in writing, whether damage to an aircraft is major damage. A Note at the end of the regulation provides that such advice is determinative for the purposes of regulation 47 of the CAR.
New regulation 21.008 - Meaning of technical data
This regulation introduces the definition of 'technical data' in relation to 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.
New regulation 21.009 - Approval of technical data
This regulation requires CASA or an authorised person to approve technical data in connection with applications for certain design approvals, subject to regulation 11.055.
New regulation 21.010 - References to modifications and repairs in Part
Subregulation 21.010(1) clarifies that 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 21.010(2) clarifies that the above 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.
Item [13] Subregulation 21.183 (2)
Item [13] replaces 'approved maintenance data' in the subregulation with 'an approved modification/repair design' and renumbers certain paragraphs for clarity.
Item [14] Subparagraph 21.185 (3A) (c) (i)
Item [14] replaces 'approved maintenance data' in the subparagraph with 'an approved modification/repair design' for clarity.
Item [15] Subparagraph 21.190 (1) (d) (ii)
Item [15] replaces 'approved maintenance data' in the subparagraph with 'an approved modification/repair design' for clarity.
Item [16] Subregulation 21.303 (1)
Item [16] adds reference to 'a foreign type certificate' in subregulation 21.303(1) to also allow issue of Australian Parts Manufacturing Approvals to manufacture replacement or modification parts for aircraft, aircraft engines or propellers type certificated by the National Airworthiness Authority of a recognised country.
Item [16] also amends subregulation 21.303(1) to remove the permission for the holder of a CAR 30 approval to produce a modification or replacement part as this permission ceased to have effect on 30 November 2003.
Item [17] Subregulation 21.303 (1B)
Item [17] omits subregulation 21.303(1B) as a result of the change introduced by item [16]. Subregulation 21.003(1B) is spent.
Item [18] After Subpart 21.L
Item [18] inserts new Subpart 21.M to provide for the approval of designs of modifications and repairs as follows:
Subpart 21.M Designs of modifications of, and repairs to, aircraft, aircraft engines, propellers and appliances
Division 21.M.1 Preliminary
New regulation 21.400 - Purpose of Subpart
This regulation states that Subpart 21.M sets out the requirements for the issue of design modification/repair approvals and the rules governing the holders of such approvals. It also sets out circumstances in which certain designs of modifications/repairs are taken to be approved and empowers CASA to issue a legislative instrument specifying a method of approval of a design of a modification/repair other than that are provided in Subpart 21.M.
New regulation 21.402 - Definitions for this Subpart
This regulation defines the terms 'applicable airworthiness standards' and 'proposed airworthiness standards' in relation to the design approval of a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance.
Division 21.M.2 Modification/repair design approvals
New regulation 21.405 - Applications for modification/repair design approvals
This regulation sets out the kinds of modifications or repairs that a person may apply to CASA or an authorised person for the grant of a modification/repair design approval. It also sets out the information an application for the grant of a modification/repair design approval must include.
New regulation 21.410 - Refusal to grant approval if design constitutes major change in type design
This regulation gives discretionary power to CASA or an authorised person to reject an application for a modification/repair design approval under Subpart 21.M without further consideration if CASA or the authorised person is satisfied that the design would constitute a major change in a type design (within the meaning given by regulation 21.093). An applicant for a major change in a type design can apply to CASA for a supplemental type certificate under Subpart 21.E.
New regulation 21.414 - Determination of additional airworthiness standards - special conditions
This regulation empowers CASA or an authorised person to impose additional airworthiness standards (often called 'special conditions') for the approval of a design of modification/repair if CASA or the authorised person considers the proposed airworthiness standards do not provide an adequate safety standard for the design in a particular respect.
Subregulation 21.414(3) requires the additional standards to be appropriate to provide a level of safety required for a comparable aircraft, aircraft engine, propeller or appliance.
Subregulation (4) states that if CASA or an authorised person imposes additional airworthiness standards for a design, CASA or the authorised person must notify the applicant, in writing, of the determination.
New regulation 21.416 - Determination of non-application of airworthiness standards
This regulation empowers CASA to make a determination that certain airworthiness standards do not apply to the design of modification/repair of certain category of aircraft. Subregulation 21.416(3) requires CASA to notify the applicant, in writing, of the determination.
New regulation 21.420 - Applicants must show compliance with applicable airworthiness standards, submit technical data and provide documents.
This regulation requires an applicant for a modification/repair design approval to show that the design complies with the applicable airworthiness standards, submit the technical data for the design to CASA or the authorised person for making of finding of compliance with the applicable airworthiness standards (under regulation 21.009), and give to CASA or the authorised person copies of the instructions for the continued airworthiness and any changes to the flight manual, as applicable, in respect of the design.
New regulation 21.425 - Applicants to carry out necessary inspections and tests
This regulation requires the applicant to carry out all inspections and tests necessary to determine whether the design complies with the applicable airworthiness standards. The applicant must ensure that each inspection and test is carried out in accordance with the standards for such inspections and tests set out in the regulation.
New regulation 21.430 - CASA or authorised person may carry out or observe certain tests
This regulation allows CASA or the authorised person to carry out any inspection or test and observe any test carried out by the applicant that is reasonably required by CASA or the authorised person to properly consider the application.
This regulation also states that the applicant must comply with the regulatory requirements and the written notice given to the applicant by CASA or the authorised person in relation to the inspection or test to be carried out.
New regulation 21.435 - Grant of modification/repair design approvals - grant by CASA
This regulation sets out the criteria and requirements for CASA in relation to grant of a modification/repair design approval.
New regulation 21.437 - Grant of modification/repair design approvals - grant by authorised person
This regulation sets out the criteria and requirements for the authorised person in relation to grant of a modification/repair design approval.
New regulation 21.440 - Form of modification/repair design approvals
This regulation requires CASA or an authorised person to issue to the applicant a document that, as a minimum, includes matters listed in the regulation if CASA or the authorised person grants a modification/repair design approval.
New regulation 21.445 - Variation of modification/repair design approvals
This regulation provides for a person to apply to CASA or an authorised person for a variation of modification/repair design approval. Regulations 21.405 to 21.440 generally apply to this process
Subregulation 21.445(2) provides relief, however, from requirements to provide data or information already held by CASA or an authorised person, unless the data is no longer correct or no longer describes the design.
Division 21.M.3 Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative methods
New regulation 21.448 - Approvals to which this Division applies
This regulation states that Division 21.M.3 applies to modification/repair design approvals and approvals granted in accordance with a method specified in a legislative instrument issued under regulation 21.475. Division 21.M.3 does not apply to an approved design of modification/repairs that continue to be in force under regulation 202.054, 202.055 or 202.056.
New regulation 21.450 - Transfer of modification/repair design approvals and approvals granted in accordance with alternative method
This regulation allows the holder of a design approval, to which Division 21.M.3 applies, to transfer the approval of the design to another person with their consent but without the need for CASA's prior approval.
Subregulation 21.450(3) requires the transferor to give the transferee all documents and records that the holder of the approval is required to retain under Subpart 21.M. An offence against this subregulation is an offence of strict liability as required in the interests of aviation safety. The subregulation prescribes a maximum penalty of 50 penalty units.
Subregulation 21.450(4) requires the transferor to notify CASA of specified information in writing within 1 month after the transfer, if a design approval, to which Division 21.M.3 applies, is transferred to another person. An offence against subregulations 21.450(4) is an offence of strict liability as required in the interests of aviation safety. The subregulation prescribes a maximum penalty of 50 penalty units.
New regulation 21.455 - Record keeping and making records available to CASA
This regulation sets out the requirements for the holder of a design approval, to which Division 21.M.3 applies, to retain documents and records related to the design.
This regulation also requires that the holder must, if requested by CASA in writing, make the documents and records, or copies or extracts of them, available for inspection by CASA.
An offence against subregulations 21.455(1) or 21.455(3) is an offence of strict liability as required in the interests of aviation safety. Each offence carries a maximum penalty of 50 penalty units.
New regulation 21.460 - Instructions for continued airworthiness and flight manual supplement to be made available
Subregulations (1) and (2) require the holder of a design approval, to which Division 21.M.3 applies, to ensure that the instructions for the continued airworthiness of the aircraft, aircraft engine or propeller or appliance as apply to the design, and any amended or later instructions are made available (electronically or otherwise) to any person who is required to comply with those instructions.
Subegulation (4) provides that if the holder was required to provide changes to a flight manual to CASA or an authorised person under subregulation 21.420(2) -- copies of the current version of the amendment or supplement must be available (electronically or otherwise) to the registered operator of the aircraft to which the modification/repair design approval relates.
Any fees or charges involved for the provision of the above noted documents are a matter between the holder of the design approval and the person requiring them. An offence against subregulations (2) or (4) is an offence of strict liability as required in the interests of aviation safety. Each offence carries a maximum penalty of 50 penalty units.
Division 21.M.4 Other means of approval
New regulation 21.465 - Modifications and repairs directed by CASA
This regulation provides that a design for a modification of, or repair to, an aircraft, aircraft engine, propeller or appliance is taken to have been approved for the purpose of the regulations if the design is contained in an airworthiness directive or a direction issued in writing by CASA.
New regulation 21.470 - Foreign modification/repair designs
This regulation specifies the types of foreign design approvals for modification of, or repair to, an aircraft, aircraft engine, propeller or appliance that are taken to be approved for the purpose of these Regulations.
New regulation 21.475 - CASA may issue instruments specifying alternative methods of approval of modification and repairs
This regulation empowers CASA to issue a legislative instrument specifying a method of approval of a design for the modification of, or a repair to, an aircraft, aircraft engine, propeller or appliance other than that are provided in Subpart 21.M.
Item [19] Subregulation 21.611 (4), including the heading but not including the source reference
Item [19] rewords subregulation 21.611(4) to improve clarity. A note is inserted to advise that a person other than the article manufacturer can obtain approval for a design change of an Australian Technical Standard Order article under Subpart 21.M.
Item [20] Subregulation 42.015 (1), definition of Part 21 approval, except the note
Item [20] amends the definition of Part 21 approval by adding reference to approvals granted for designs of modification or repair in accordance with a method specified in a legislative instrument issued under regulation 21.475 and the approvals that continue in force under regulations 202.054, 202.055 or 202.056.
Item [21] Paragraph 42.270 (1) (f)
Item [21] amends paragraph 42.270 (1) (f) by adding reference to approvals granted for designs of modification or repair in accordance with a method specified in a legislative instrument issued under regulation 21.475 and the approvals that continue in force under regulations 202.054, 202.055 or 202.056.
Item [22] Subregulation 42.270 (2), notes
Item [22] substitutes the note after subregulation 42.270 (2) to remove the second note as it is no longer required.
Item [23] After subregulation 42.270 (2)
Item [23] inserts a new subregulation 42.270 (3) providing a defence to an offence that relates to a failure to report a defect to the holder of an approval of the design of a modification of, or a repair to, an aircraft or an aeronautical product.
Item [24] Before regulation 202.050, in Subpart 202.AJ
Item [24] inserts new Division 202.A.J.1 to specify the transitional provisions relating to certification of aircraft and aircraft components.
Division 202.AJ.1 Transitional provisions relating to certification and aircraft components
New regulation 202.049A - Certain design standards taken to be applicable airworthiness standards (regulation 21.017)
This regulation provides for the continuation of design standards issued under regulation 21 or 21A of CAR.
Item [25] After regulation 202.052
Item [25] inserts two new Divisions: 202.A.J.2 to specify the transitional provisions relating to approvals of designs of modifications and repairs; and 202.A.J.3 to specify the transitional provisions relating to authorised persons.
Division 202.AJ.2 Transitional provisions relating to approvals of designs of modifications and repairs
New regulation 202.053 - Approvals of systems of certification under regulation 34 of CAR
This regulation saves approvals of systems of certification under regulation 34 of CAR, according to their terms, despite the repeal of regulation 34.
This regulation also provides that CASA may vary, suspend or revoke the approval as if regulation 34 of CAR had not been repealed.
New regulation 202.054 - Approvals of designs of modifications and repairs under regulation 35 of CAR
Subregulation (1) saves approvals of designs of modifications and repairs under regulation 35 of CAR, according to their terms, despite the repeal of regulation 35 of CAR. Subregulation (1) also saves authorisations under subregulation 35(3), according to their terms.
Subregulation (1) also provides that subregulations 47 (4) and (7) of CAR continue to apply to a saved authorisation under subregulation 35(3), despite the repeal of regulation 35 and subregulations 47(4) and (7) of CAR.
Subregulation (1) also provides that CASA may vary, suspend or cancel a saved approval or authorisation.
Under subregulation (2), an application made in accordance with regulation 35 of CAR before 27 June 2011 and still pending immediately before 27 June 2011 is taken to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
New Regulation 202.055 - Approvals of aircraft components for use as replacements under regulation 36 of CAR
Subregulation (1) saves approvals of aircraft components under subregulations 36(2) and (6) of CAR, according to their terms, despite the repeal of regulation 36 of CAR.
Subregulation (1) also saves authorisations under subregulations 36(3) of CAR, according to their terms. Subregulation (1) also provides that subregulations 47(4) and (7) of CAR continue to apply to a saved authorisation under subregulation 36(3), despite the repeal of regulation 36 and subregulations 47(4) and (7).
Subregulation (1) also provides that CASA may vary, suspend or revoke a saved approval or authorisation.
Under subregulation (2) an application for an approval under regulation 36 of CAR made before 27 June 2011 and still pending immediately before 27 Junes 2011 is taken to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
New regulation 202.056 - Use of aircraft material for particular purposes under regulation 36A of CAR
Subregulation (1) saves directions under subregulation 36A(2) of CAR and subregulation 36A(3) as it applies to a direction, and provides that CASA may vary, suspend or revoke a saved direction, despite the repeal of regulation 36A of CAR.
Subregulation (2) saves approvals of aircraft materials under subregulation 36A(3) of CAR and provides that CASA may vary, suspend or revoke a saved approval, despite the repeal of regulation 36A of CAR.
Under subregulation (3) an application to approve the use of aircraft material for a particular purpose under regulation 36A of CAR made before 27 June 2011 and still pending immediately before 27 June 2011 is taken to be an application for a modification/repair design approval made to CASA or the authorised person under regulation 21.405.
New regulation 202.057 - Approval of damage as permissible unserviceability under regulation 37 of CAR
This regulation saves approvals under subregulation 37 (1) of CAR in relation to damage to an Australian aircraft, or any aircraft included in a class of aircraft as approvals under subregulation 21.007(2).
New regulation 202.058 - Approval of changes to flight manuals under regulations 55 and 55A of CAR
Subregulations (1) and (3) save approvals of changes to an aircraft flight manual that were in force under regulation 55 and 55A of CAR, as approvals under regulation 21.006A, despite the repeal of regulations 55 and 55A of CAR.
Under subregulations (2) and (4), applications to approve changes to aircraft flight manuals under regulation 55 and 55A of CAR made before 27 June 2011 and still pending immediately before 27 June 2011 are taken to be applications for approval under regulation 21.006A.
Division 202.AJ.3 Transitional provisions relating to authorised persons
New regulation 202.059 - Authorised persons for regulations 35, 36 and 36A
This regulation continues the appointment of persons appointed under regulation 6 of CAR for the purpose of regulations 35, 36 or 36A of CAR, as persons appointed under regulation 201.001 to be an authorised person for regulations 21.006A and 21.009 and the provisions of Subpart 21.M.
Under subregulation (3) the appointments are subject to the conditions existing immediately before 27 June 2011. Subregulation (4) provides for the expiry of the appointment.
Item [26] Dictionary, Part 1, after definition of approved maintenance data
Item [26] amends the CASR Dictionary Part 1 by introducing, in the appropriate alphabetical order, the meaning for the term 'approved modification/repair design' to assist with the working of this Part.
Item [27] Dictionary, Part 1, after definition of fireproof
Item [27] amends the CASR Dictionary Part 1 by introducing, in the appropriate alphabetical order, the meaning for the term 'flight manual' to assist with the working of this Part.
Item [28] Dictionary, Part 1, after definition of model rocket
Item [28] amends the CASR Dictionary Part 1 by introducing, in the appropriate alphabetical order, the meaning for the term 'modification/repair design approval' to assist with the working of this Part.
Item [29] Dictionary, Part 2, after clause 35
Item [29] amends the CASR Dictionary Part 2 by introducing clause 37 - References to flight manual to assist with the working of this Part.
Item [30] Dictionary, Part 3, paragraph 10 (2) (b)
Item [30] amends paragraph 10 (2) (b) by adding reference to approvals granted for designs of modification or repair in accordance with a method specified in a legislative instrument issued under regulation 21.475; and the approvals that continue in force under regulation 202.054, 202.055 or 202.056.
Item [31] Further amendments - supplemental type certificate or approved modification/repair design
Item [31] amends the following provisions by replacing "approved maintenance data" with "a supplemental type certificate or an approved modification/repair design" to allow for the operation of these regulations with the terms as defined in this amendment.
* paragraph 21.183 (1) (b) and (3) (b)
* subparagraph 21.183 (4) (d) (ii)
* paragraph 21.183 (5) (b)
* paragraphs 21.184 (1) (b), (2) (b), (4) (d) and (5) (b)
* paragraphs 21.184A (1) (b), (2) (d) and (3) (b)
* paragraphs 21.185 (2) (b) and (4) (b).
Schedule 2 Amendments of the Civil Aviation Regulations 1988
Item [1] Subregulation 2 (1), definition of design standard
Item [2] Subregulation 2 (1), definition of flight manual
Item [2] omits the definition of flight manual in regulation 2(1) of CAR because this definition is added in to the CASR Dictionary Part 1 under item [22] of Schedule 1 to the Regulations.
Item [3] Subregulation 2(1), definition of permissible unserviceability
Item [3] amends the definition of 'permissible unserviceability' following introduction of new regulation 21.007 in CASR in item [12] of Schedule 1 to the Regulations.
Item [4] Paragraph 2A (2) (b)
Item [4] amends paragraph 2A (2) (b) by omitting references to regulations 22 and 35 of CAR as approval provided by these regulations is contained in these amendments.
Item [5] Part 4, Division 1
Item [5] omits regulations 21 and 21A because these regulations are no longer required following the repeal of regulations 35, 36 and 36A in item [6] of this Schedule.
Item [6] Regulation 34, 35, 36 and 36A
Item [6] omits regulations 35, 36 and 36A because they are replaced by Subpart 21.M and other provisions in the CASR.
Item [7] Subregulation 37 (1)
Item [7] amends regulation 37 (1) by omitting reference to "a damage" following introduction of regulation 21.007 in CASR in item [12] of Schedule 1 to the Regulations.
Item [8] Subparagraph 42U (1) (a) (i)
Item [8] amends subparagraph 42U (1) (a) (i) by replacing reference to regulation 35 with certain approved designs of modification or repair following the repeal of regulations 35 in item [6] of this Schedule.
Item [9] Subparagraph 42W (2) (b) (ii)
Item [9] amends subparagraph 42W (2) (b) (ii) by replacing 'regulation 36' with 'regulation 36, as in force before 27 June 2011' following the repeal of regulation 36 in item [6] of this Schedule.
Item [10] Sub-subparagraph 42W (2) (b) (iii) (B)
Item [10] amends sub-subparagraph 42W (2) (b) (iii) (B) by replacing 'America; and' with 'America; or' because of the amendment introduced by item [11] of this Schedule.
Item [11] After sub-subparagraph 42W (2) (b) (iii) (B)
Item [11] amends subparagraph 42W (2) (b) (iii) by inserting approval requirements for replacement components following the introduction of Subpart 21.M of CASR.
Item [12] After subparagraph 42W (2) (b) (iii)
Item [12] amends subparagraph 42W (2) (b) by inserting approval requirements for replacement components following the introduction of Subpart 21.M of CASR.
Item [13] Subparagraph 42W (4) (c) (i)
Item [13] amends subparagraph 42W (4) (c) (i) by replacing reference to regulation 35 with certain kinds of approvals following the repeal of regulations 35 in item [6] of this Schedule and the introduction of Subpart 21.M of CASR.
Item [14] Subregulation 42ZQ (2), definition of prescribed regulation
Item [14] omits reference to regulation 36A in subregulation 42ZQ (2) of CAR following the repeal of regulations 36A in item [6] of this Schedule.
Item [15] Subregulation 42ZQ (2), definition of related document, subparagraph (c) (i)
Item [15] amends subparagraph 42ZQ (2) (c) (i) by replacing reference to regulation 35 with certain kinds of approvals following the repeal of regulations 35 in item [6] of this Schedule and the introduction of Subpart 21.M of CASR.
Item [16] After subregulation 47 (1)
Item [16] amends regulation 47 by inserting a new subregulation 47(1A), which states that damage to an aircraft is taken not to be major damage if CASA or an authorised person advises, under subregulation 21.007A of CASR, that the damage is not major damage.
Item [17] Subregulation 47 (4), including the penalty
Item [17] omits subregulation 47(4) following the repeal of regulations 35 and 36 in item [6] of this Schedule as this provides a penalty that is no longer required for authorised persons under regulations 35 and 36.
Item [18] Subregulation 47 (7), including the note
Item [18] omits subregulation 47(7) following the repeal of subregulation 47 (4) in item [17] of this Schedule as it is no longer necessary to mention the omitted regulation is an offence of strict liability.
Item [19] Regulation 54, 55 and 55A
Item [19] omits regulations 55 and 55A following introduction of regulations 21.006 and 21.006A in CASR and amendment to the Dictionary in relation to references to 'flight manual' introduced in Schedule 1 of the Amendment Regulations. This item also substitutes regulation 54 with simplified requirements regarding flight manuals.
Item [20] Regulation 317A
Item [20] omits regulation 317A following the repeal of regulation 21A in item [5] of this Schedule as regulation 317A is no longer required to save previously approved design standards for an aircraft component.
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