Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION LEGISLATION AMENDMENT (SUBPART 21.J) REGULATION 2013 (SLI NO 188 OF 2013)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 188

 

Issued by the authority of the Minister for Infrastructure and Transport

 

Civil Aviation Act 1988

Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

 

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 purposes 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 to 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 amendments to the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR) in this Amendment Regulation (the Regulation) are part of CASA's regulatory reform program. The Regulation inserts a new Subpart 21.J of CASR, which aligns the Australian approval and certification requirements for the design of aircraft and aeronautical products with best practice international safety requirements. The Regulation also amends Subpart 21.O of CASR to include European Technical Standard Orders (ETSO) as acceptable minimum performance standards for articles (i.e. materials, parts, processes, or appliances used on civil aircraft). Finally, the Regulation makes various other minor and machinery amendments related to certification and airworthiness requirements for aircraft and aeronautical products.

 

The new Subpart 21.J of CASR replaces the provisions for approval of design organisations under Regulation 30 of CAR. Regulation 30 of CAR did not provide for design organisations to approve or certify designs, making them dependent on CASA and the CASA-appointed authorised persons' scheme. The organisational approval system under new Subpart 21.J is based on the regulatory approach to design approval of the European Aviation Safety Agency (EASA). It provides that an approved design organisation may be granted privileges to carry out various design activities, including approval and certification powers under Part 21 of CASR. This removes the design organisations' dependence on the authorised persons' scheme and enhances the likelihood of international recognition of design activities carried out by Australian design organisations. The amendments also enhance safety through a systematic and comprehensive design assurance system, which is based on required safety and compliance processes within the approved design organisations.

 

The amendment to Subpart 21.O of CASR, to include ETSOs as acceptable minimum performance standards for articles, inserts provisions for an ETSO issued by EASA that are equivalent to the existing provisions for a Technical Standard Order (TSO) issued by the Federal Aviation Administration of the United States of America.

 

Consultation

Consultation on reform of the design organisation regulations has taken place over a number of years. The consultation draft of the Regulation was made available for review and comment on 17 October 2012. It was generally made available via the CASA website and more specifically made available via the joint CASA/industry Standards Consultative Committee (SCC) forum, the SCC Certification Standards Sub-committee forum and the SCC Maintenance Standards Sub-committee forum. The amendments were also discussed in detail at the SCC Certification Standards Sub-committee meeting held on 21 November 2012.

 

The following organisations were represented at the SCC Certification Standards Sub-committee meeting on 21 November 2012, where the regulations were discussed:


(1)        Aeronautical Engineers Australia

(2)        Auto Avia Design

(3)        Aviation Maintenance, Repair and Overhaul Business Association

(4)        Kerr's Aircraft Design

(5)        Qantas

(6)        Raytheon Australia


 

CASA also received three responses in writing to the consultation draft.

 

The organisations and individuals who attended the SCC Certification Standards Sub-committee meeting held on 21 November 2012 or provided written comments were generally supportive of the Regulation, with the exception of one respondent who expressed concerns about the cost associated with the Regulation. The majority of the comments were requests for CASA to provide clarification of certain provisions and policies. CASA has since improved the clarity of various provisions in the Regulation and the associated explanatory material. CASA's implementation plan also provides for further training and guidance material to be developed in the period prior to the commencement date.

 

Related amendments that would omit provisions for authorised persons from certain design activities were included in the consultation for this Regulation. Those amendments are planned to commence on 1 March 2018. However, to decrease the time between the making and the commencement of the amendments, they will be made via a separate regulation at a time closer to the planned commencement.

 

Regulation Impact Statement

The Office of Best Practice Regulation assessed that the amendments will have minor impacts and no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 13900).

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment A.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Details of the Regulation are set out in Attachment B.

 

The Regulation commences on 1 March 2014. The delayed commencement date allows CASA to develop all necessary advisory material and training and education programs for CASA staff and industry members. On the day of commencement, current design organisation certificate of approval holders and authorised persons will continue to exercise their current privileges and will be given up to three years to comply fully with the new requirements.

 

Authority:  Subsection 98(1) of the

Civil Aviation Act 1988


ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The primary purpose of the legislative instrument is to insert a new Subpart 21.J of the Civil Aviation Safety Regulations 1998 (CASR)--Approved design organisations. It also amends Subpart 21.O of CASR--Australian Technical Standard Order Authorisations, to include European Technical Standard Orders as acceptable standards for articles.

 

The amendments are an evolution of current requirements and industry practices. The changes promote safety through a new systematic approach for certification of aircraft and aeronautical products, underpinned by prescribed safety and compliance processes within design organisations. The amendments will also increase harmonisation with the requirements of other major international aviation authorities.

 

Human rights implications

Presumption of Innocence

There are offence provisions in this legislative instrument which are strict liability offences and engage the right to the presumption of innocence under the International Covenant on Civil and Political Rights. The offences relate to administrative and safety requirements that must be adhered to by regulated individuals or organisations involved in the aviation industry to ensure the integrity of the aviation safety system.

 

The strict liability offences in the legislative instrument are considered justified, and therefore not inconsistent with the presumption of innocence, in that they are regulatory in nature, meaning there is an expectation on individuals who participate in the aviation sector to be deemed to have accepted certain conditions, particularly where the activities carry public safety risks. The deterrence effect of the strict liability offences also contributes significantly to maintaining the integrity of the aviation safety system. The strict liability offences are also proportionate in that they fall at the lower end of the scale, not exceeding 50 penalty units.

Right to work, Rights of equality and non-discrimination

A number of other rights under the International Covenant on Civil and Political Rights and under the International Covenant on Economic, Social and Cultural Rights are also engaged, such as the right to work, equality and non-discrimination. These rights are engaged by provisions relating to the grant of an authorisation which allow for any matter relating to the fitness of the applicant to hold the authorisation, including any history of behavioural problems and any conviction (other than a spent conviction) for a transport safety offence, to be taken into account when deciding whether to grant the authorisation. These provisions are necessary because to ignore such matters would not be consistent with CASA's obligation to regard the safety of air navigation as the most important consideration.

 

Conclusion

The legislative instrument is compatible with human rights and to the extent that it may also limit human rights, those limitations are reasonable and proportionate in order to ensure the safety of aviation operations and to promote the integrity of the aviation safety system.  

Anthony Albanese

Minister for Infrastructure and Transport


ATTACHMENT B

 

Details of the Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013

 

Section 1--Name of regulation

Section 1 names the regulation as the Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013.

 

Section 2--Commencement

Section 2 provides that the regulation commences on 1 March 2014.

 

Section 3--Authority

Section 3 provides that the regulation is made under the Civil Aviation Act 1988.

 

Section 4--Schedule(s)

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

 

Schedule 1--Amendments

 

Part 1--Main amendments

 

Civil Aviation Regulations 1988

 

Item [1] and item [2]

These items are consequential to item [44]. They amend regulation 30 of CAR to omit the provisions for approval of design organisations under CAR. Approval of design organisations is now provided for in new Subpart 21.J of CASR.

 

Item [1] Subregulation 30(1)

Item [1] omits the provision in subregulation 30(1) for design organisations, which are now provided for in new Subpart 21.J of CASR.

 

Item [2] Subparagraphs 30(2C)(c)(i), (ii) and (iii)

Item [2] repeals the provisions in subregulation 30(2C) relating to design of aircraft, aircraft components and aircraft materials, which are now provided for in new Subpart 21.J of CASR.

 

Item [3] Subregulation 47(1A)

Item [3] is consequential to item [21]. It amends subregulation 47(1A) to insert provisions for approved design organisations.

 

Item [4] Regulation 272A (heading)

Item [4] amends the regulation 272A heading to clarify that the regulation deals with suspensions rather than cancellations.

 

Item [5] Regulations 322 and 323

Item [5] repeals regulations 322 and 323. These regulations are redundant. They are transitional provisions relating to changes to flight manuals and regulation 55, which was repealed by Select Legislative Instrument 2011 No. 76.

 

 

Civil Aviation Safety Regulations 1998

 

Item [6] Part 11 (table of contents)

Item [6] is consequential to item [8]. It inserts in the Part 11 table of contents an item for new regulation 11.026.

 

Item [7] Regulation 11.025

Item [7] amends regulation 11.025 to improve clarity. The intent of the provision is not changed.

 

Item [8] After regulation 11.025

Item [8] is consequential to item [44]. It inserts new regulation 11.026 to provide for certain provisions of Part 11 to apply to approved design organisations in relation to design activities.

In particular,

(1)        provisions in Part 11 relating to an application for an authorisation apply in relation to an application to an approved design organisation for a design activity;

(2)        if the approved design organisation carries out the design activity and grants an authorisation:

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

(b)        the conditions mentioned in regulations 11.070 to 11.074;

(c)         imposing a requirement under regulation 11.074 or 11.075;

(d)        an application for variation of the authorisation under Subpart 11.D; and

(3)        if the approved design organisation carries out a certification activity:

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

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

 

Item [9] through item [18]

These items are consequential amendments to the Part 21 table of contents.

 

Item [9] Part 21 (table of contents)

Item [9] is consequential to item [29]. It amends the Part 21 table of contents.

 

Item [10] Part 21 (table of contents)

Item [10] is consequential to item [33]. It amends the Part 21 table of contents.

 

Item [11] Part 21 (table of contents)

Item [11] is consequential to item [34]. It amends the Part 21 table of contents.

 

Item [12] Part 21 (table of contents)

Item [12] is consequential to item [37]. It amends the Part 21 table of contents.

 

Item [13] Part 21 (table of contents)

Item [13] is consequential to item [40] and item [43]. It amends the Part 21 table of contents.

 

Item [14] Part 21 (table of contents)

Item [14] is consequential to item [44]. It amends the Part 21 table of contents.

 

Item [15] Part 21 (table of contents)

Item [15] is consequential to item [48]. It amends the Part 21 table of contents.

 

Item [16] Part 21 (table of contents)

Item [16] is consequential to item [49]. It amends the Part 21 table of contents.

 

Item [17] Part 21 (table of contents)

Item [17]is consequential to item [51]. It amends the Part 21 table of contents.

 

Item [18] Part 21 (table of contents)

Item [18] is consequential to item [54] and item [55]. It amends the Part 21 table of contents.

 

Item [19] After paragraph 21.001(b)

Item [19] is consequential to item [44]. It inserts paragraph 21.001(ba) to include matters relating to approved design organisations in the applicability provisions for Part 21.

 

Item [20] Subregulation 21.003(8)

Item [20] amends subregulation 21.003(8) to correctly refer to an Australian Technical Standard Order (ATSO) authorisation.

 

Item [21] Regulation 21.007A

Item [21] is consequential to item [44]. It amends regulation 21.007A to insert provisions for approved design organisations.

 

Item [22] After paragraph 21.009(1)(c)

Item [22] expands the provisions for approval of technical data to include technical data for approval of the product design of a Class II or Class III product.

 

Item [23] Subregulation 21.009(2) (notes)

Item [23] omits the regulation 21.009 notes because they are not necessary.

 

Item [24] At the end of regulation 21.009

Item [24] is consequential to item [22]. It inserts new subregulation 21.009(3) and a note to provide references to the meaning of Class II product and Class III product.

 

Item [25] and item [26]

These items are consequential to item [44]. They amend regulation 21.013A to insert provisions for approved design organisations.

 

Item [25] Regulation 21.013A

Item [25] is consequential to item [26]. It renumbers regulation 21.013A.

 

Item [26] At the end of regulation 21.013A

Item [26] is consequential to item [44]. It amends regulation 21.013A to provide for a relevant approved design organisation to carry out a certification activity in relation to a criterion for entitlement to a type certificate and that CASA need consider only the certificate from the approved design organisation in deciding whether the applicant meets the criterion.

 

Item [27] and item [28]

These items update regulation 21.031 to use the term technical data (see regulation 21.009).

 

Item [27] Paragraph 21.031(1)(a)

Item [27] amends paragraph 21.031(1)(a) to provide for technical data, approved under regulation 21.009, to be included within the what constitutes the type design of an aircraft, aircraft engine or propeller (except those certificated under regulation 21.029 or 21.029A).

Item [28] Paragraph 21.031(2)(a)

Item [28] amends paragraph 21.031(2)(a) to provide for technical data approved under regulation 21.009, to be included within the what constitutes the type design of an aircraft, aircraft engine or propeller type certificated under regulation 21.029.

 

Item [29] Regulation 21.047

Item [29] amends the provisions for transfer and licensing of a type certificate to improve clarity. The intent of the provision is not changed.

 

Regulation 21.047 is repealed and a new regulation 21.047--Transfer of type certificates, is inserted to specifically provide for, and improve clarity of, the requirements for transfer of a type certificate.

 

New regulation 21.048--Licensing of type certificates, is inserted to specifically provide for, and improve clarity of, the requirements for licensing of a type certificate.  

 

Item [29] also increases the penalty for an offence associated with the transfer of a type certificate under amended regulation 21.047 or licensing of a type certificate under new regulation 21.048 from 5 penalty units to 50 penalty units.  The penalty increase reflects the seriousness of the non-compliance, supports the integrity of the aviation safety system and is in line with the number of penalty units applied to other similar offences.

 

Item [30] Regulation 21.095

Item [30] is consequential to item [44]. It amends regulation 21.095 to improve clarity and insert provisions for approved design organisations. In particular, it:

(1)        inserts reference to regulation 11.055 in relation to granting an approval;

(2)        specifies the standard against which an application for a minor change in type design will be assessed, namely, that the type design, as modified by the minor change, would meet the requirements of Part 21 for the type design;

(3)        provides for a relevant approved design organisation to carry out a certification activity in relation to the design and that CASA need consider only the certificate from the approved design organisation in deciding whether the design would meet the requirement; and

(4)        provides for a relevant approved design organisation to approve a minor change to a type design.

 

Item [31] and item [32]

These items are consequential to item [44]. They amend regulation 21.098 to insert provisions for approved design organisations.

 

Item [31] Regulation 21.098

Item [31] is consequential to item [32]. It renumbers regulation 21.098.

 

Item [32] At the end of regulation 21.098

Item [32] is consequential to item [44]. It amends regulation 21.098 to provide for a relevant approved design organisation to carry out a certification activity in relation to a major change in the type design of an aircraft, aircraft engine or propeller and that CASA need consider only the certificate from the approved design organisation in deciding whether the applicant meets the requirement.

 

Item [33] Regulations 21.115 and 21.117

Item [33] is consequential to item [44]. It amends regulations 21.115 and 21.117 to insert provisions for approved design organisations and to improve clarity in relation to the conditions for entitlement to a supplemental type certificate for an aircraft, aircraft engine or propeller.

 

Regulation 21.115 is repealed and a new regulation 21.115-- Entitlement to supplemental type certificate--meeting applicable airworthiness requirements, is inserted to cover the applicable airworthiness requirements for entitlement to a supplemental type certificate for an aircraft, aircraft engine or propeller. The following new provisions are also inserted:

(1)        a new provision for CASA to make an equivalent level of safety determination in relation to non-compliance with the applicable airworthiness requirements for the issue of a supplemental type certificate; and

(2)        a new provision for a relevant approved design organisation to carry out a certification activity in relation to a requirement for issue of the supplemental type certificate and that CASA need consider only the certificate from the approved design organisation in deciding whether the applicant meets the requirement. The provision expressly excludes an approved design organisation from certifying to CASA in relation to an equivalent level of safety determination.

 

Regulation 21.117 is repealed and a new regulation 21.117-- What supplemental type certificates are taken to consist of, is inserted to only provide what a supplemental type certificate is taken to consist of. The necessary provisions relating to entitlement to a supplemental type certificate have been transferred to regulation 21.115. 

 

Item [34] After regulation 21.119

Item [34] inserts the following new regulations:

 

New regulation 21.120--Transfer of supplemental type certificates

This regulation provides the requirements for the transfer of a supplemental type certificate. An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.120A--Licensing of supplemental type certificates

This regulation provides the requirements for the licensing of a supplemental type certificate. It provides for the holder of a type certificate to confer any or all of the benefits of the certificate on another person. An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

Item [35], item [36] and item [37]

These items are consequential to item [22] and item [44]. They amend the provisions relating to the meaning of product design, and product design approvals for Class I, Class II and Class III products. These items insert provisions for approved design organisations, update the terminology to use the term technical data (see regulation 21.009), and improve clarity.

 

Item [35] Regulation 21.132 (definition of product design)

Item [35] amends regulation 21.132 to improve the clarity of the definition of product design for an unapproved Class I product, a Class II product and a Class III product. The definition is amended to be described in terms of a design that is approved in certain ways that are specified in the regulation.

 

Item [36] At the end of regulation 21.132

Item [36] inserts a new note after regulation 21.132 to provide reference to the definitions of Class I product, Class II product and Class III product in regulation 21.321.


 

Item [37] Regulation 21.132A

Item [37] repeals regulation 21.132A and inserts a new regulation 21.132A--Approval of product design for Class II and Class III products by CASA, authorised person or relevant approved design organisation. This new regulation improves clarity of the requirements for approval of the design of a Class II or Class III product and inserts provisions for approved design organisations. Approval of the design of a Class II or Class III product under this regulation is specified in regulation 21.132, as amended by item [35], as part of the definition of product design.

 

The new regulation 21.132A also provides for a relevant approved design organisation to carry out a certification activity in relation to the design and that CASA may satisfy itself that the design meets the applicable airworthiness requirements on the basis of the certificate from the approved design organisation. It also updates the terminology to use the term technical data.

 

Item [38] At the end of subregulation 21.133(1)

Item [38] is consequential to item [34]. It inserts a new paragraph in subregulation 21.133(1) to include, in the eligibility criteria for application for a production certificate, a person who holds the right, under a licensing agreement, to the benefits of a supplemental type certificate or foreign supplemental type certificate.

 

Item [39] Regulation 21.137

Item [39] amends regulation 21.137 to correct the reference to regulation 21.134.

 

Item [40], item [41], item [42] and item [43] 

These items are consequential to item [44]. They amend the provisions relating to experimental certificates to insert provisions for approved design organisations and to improve clarity.

 

Item [40] Regulation 21.195B (heading)

Item [40] amends the heading of regulation 21.195B to more accurately describe the regulation.

 

Item [41] Subregulation 21.195B(3)

Item [41] amends subregulation 21.195B(3) to improve clarity and to insert provisions for approved design organisations. It also increases the penalty for an offence against the subregulation from 5 penalty units to 50 penalty units.  The penalty increase reflects the seriousness of the non-compliance, supports the integrity of the aviation safety system and is in line with the number of penalty units applied to other similar offences.

 

Item [42] Subregulation 21.195B(8)

Item [42] amends subregulation 21.195B(8) to improve clarity and to insert provisions for approved design organisations. It also increases the penalty for an offence against the subregulation from 5 penalty units to 50 penalty units.  The penalty increase reflects the seriousness of the non-compliance, supports the integrity of the aviation safety system and is in line with the number of penalty units applied to other similar offences.

 

Item [43] After regulation 21.195B

Item [43] inserts new regulation 21.195C--Exercise of certain powers by authorised persons and relevant approved design organisations, to provide that an authorised person or approved design organisation may only exercise the following powers if the person or organisation issued the related experimental certificate:

(1)        asking the holder to make the certificate available for inspection under subregulation 21.195B(3); and

(2)        asking the holder to surrender the certificate under subregulation 21.195B(8).

 

Item [44] Subpart 21.J

Item [44] repeals Subpart 21.J--Delegation option authorisation procedures, and inserts a new Subpart 21.J--Approved design organisations. The new provisions are explained below.

 

Subpart 21.J--Approved design organisations

 

Division 21.J.1--General

 

New regulation 21.231--What Subpart 21.J is about

This regulation states that Subpart 21.J sets out the requirements for approval as an approved design organisation and the privileges and obligations of approved design organisations.

 

Subpart 21.J only prescribes the rules for certification and operation of approved design organisations that may perform certain design and engineering functions under Part 21. It does not set out the performance rules for those design and engineering functions--those rules are set out in the respective Subparts of Part 21.

 

New regulation 21.233--Definitions for Subpart 21.J

This regulation defines specific terms that apply to Subpart 21.J and are additional to the definitions in the Civil Aviation Act 1988 and the CASR Dictionary.

 

New regulation 21.235--Privileges for approved design organisations

Subregulation 21.235(1) provides that an approved design organisation may carry out a design activity, other than a certification activity (see new regulation 21.233 for the definition of design activity and certification activity), in relation to an aircraft or aeronautical product only if the organisation is approved under new regulation 21.243 to carry out that activity in relation to aircraft or aeronautical products of that kind.

 

Design activities covered by subregulation 21.235(1) include (see new regulation 21.233 for definitions):

(1)        advice activities;

(2)        approval activities; and

(3)        experimental certificate activities.

 

Subregulation 21.235(2) provides that an approved design organisation may carry out a certification activity (see new regulation 21.233 for the definition of certification activity) in relation to an aircraft or aeronautical product only if the organisation is both:

(1)        approved under new regulation 21.243 to carry out the activity in relation to aircraft or aeronautical products of that kind; and

(2)        specifically authorised under new regulation 21.251 to carry out that activity in relation to a particular application that was made to CASA.

 

For the purpose of regulation 21.235:

 

Certification activities

Certification activities are a mechanism for CASA to authorise an approved design organisation to make a compliance determination, and give CASA a certificate to that effect, against specified criteria for certain applications made to CASA and for which CASA will be providing the final approval or authorisation.

 

Certification activities are limited in scope to compliance verification against criteria specified by CASA in the authorisation notice. Responsibility for establishing the certification basis and other functions such as determination of special conditions, approval of alternate means of compliance, granting exemptions, and approval to deviate from Technical Standard Order performance standards rests with CASA.

 

When making a decision on an application in relation to the criteria covered by a certification activity, CASA need only consider the certificate from the approved design organisation. However, if CASA is not satisfied that the determination is appropriate or complete then CASA may disregard the certificate.

 

Subcontracting a design activity

An approved design organisation that is approved to carry out a design activity may authorise, in writing, a subcontractor (see new regulation 21.233 for the definition of subcontractor) to carry out the activity on its behalf. The subcontractor may be, but need not be, another approved design organisation. A subcontractor carries out the design activity, including any associated advice, approval or certification, on behalf of the approved design organisation; an approved design organisation may not, therefore, subcontract an activity that it is not approved to carry out.

 

Coordination of a design activity

If an approved design organisation (the first organisation) receives an application for a design activity, other than a certification activity (see new regulation 21.251), that requires coordination of multiple activities or specialities and some of the activities or specialities are not covered under the first organisation's approval certificate, then the parts of the activity that are not covered under the first organisation's approval certificate must be carried out by another approved design organisation (the second organisation) whose approval certificate includes the relevant design activities and specialities. The second organisation carries out its activities, including any associated approvals, under its own approval certificate. The first organisation issues the final advice or approval required for the application based on the activities carried out by the second organisation.

 

Additional privileges

CASA may also grant to an approved design organisation other privileges that are not defined as design activities. Such privileges are granted to the organisation through instruments of appointment under the relevant provisions.

 

New regulation 21.237--Prohibition of unauthorised carrying out of design activities

This regulation sets out the requirements for carrying out design activities.

 

It provides that a design activity may be carried out by:

(1)        an approved design organisation;

(2)        an authorised person, if provided for in the relevant provision; or

(3)        CASA, if provided for in the relevant provision.

 

The regulation also provides that if a design activity is carried out by an approved design organisation then the activity must be carried out by an employee or a subcontractor of the organisation, who has been authorised, in writing, by the organisation to carry out the activity on its behalf.

 

If an approved design organisation uses subcontractors to carry out design activities on its behalf, then the organisation must assess and authorise its subcontractors, provide oversight, and define the process by which subcontractors function within the organisation's system (see new regulations 21.263 and 21.269).

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.239--Applications may be made to approved design organisation--approval activities and experimental certificates

This regulation provides that if an approved design organisation is a relevant approved design organisation (see item [77] for the definition of relevant approved design organisation) in relation to an approval activity or the issue of an experimental certificate under regulation 21.195A, then an application for the approval or experimental certificate may be made to the approved design organisation.

 

This regulation also provides that a reference to CASA in Part 21 includes, in relation to such an application or its approval, a reference to the approved design organisation.

 

Division 21.J.2--Approval as approved design organisation

 

New regulation 21.241--Applying for approval

This regulation provides the requirements for an application to CASA for approval as an approved design organisation.

 

Subregulation 21.241(1) provides that any person (individual or body corporate) may apply, in writing, to CASA for approval as an approved design organisation.

 

Subregulation 21.241(2) sets out the information that must be included in an application for approval as an approved design organisation.

 

Subregulation 21.241(3) provides that a copy of the applicant's proposed exposition and design assurance system manual may be submitted either with the application or subsequently (note that the applicant's proposed exposition and design assurance system manual must be submitted before the applicant may be approved--see new regulation 21.243).

 

New regulation 21.243--Granting approval

This regulation sets out the criteria and requirements in relation to granting approval of an applicant as an approved design organisation.

 

The applicant must demonstrate that they meet the requirements of new Subpart 21.J, and that the processes and procedures contained in their design assurance system manual and exposition are designed and managed so that compliance with new Subpart 21.J and the applicable aircraft and aeronautical product certification requirements is ensured.

 

In approving the applicant, CASA also approves the applicant's proposed exposition and design assurance system manual.

 

For the purpose of regulation 21.243:

 

Personnel

The determination of what constitutes sufficient personnel is based on the ability of the organisation to meet the requirements of the applicable design activities with the personnel and resources described in the application documents. The individuals who will hold the key positions in the organisation or be authorised by the organisation to carry out design activities must be acceptable to CASA, based on their demonstrated qualifications, experience and knowledge.

 

Multiple positions may be held by the same individual but in all cases there must be clear definitions of the responsibilities of each position. An individual holding one or more positions in the organisation must have a clear understanding of the responsibilities of each position and the division of those responsibilities, and be able to demonstrate this to CASA.

 

Equipment, tools and design reference data

An applicant need not possess all the equipment (including test apparatus), tools and design reference data at the time of assessment of their application for approval as an approved design organisation. However, they must be able to demonstrate to CASA:

(1)        that they have ready access to the necessary properly maintained and calibrated tools and equipment (including test apparatus) and properly amended and up-to-date design reference data; and

(2)        how they would make available to personnel, the equipment, tools and design reference data that is necessary for the functions the person is authorised to perform.

 

Accountable manager

The applicant is required to nominate an individual for the position of accountable manager (see new regulation 21.233), who is responsible for ensuring that the organisation:

(1)        complies with its exposition and design assurance system and the regulations; and

(2)        is able to finance the carrying out of the design activities stated in its approval certificate; and

(3)        has adequate resources available to enable the organisation to carry out design activities in accordance with its exposition and design assurance system.

 

CASA must be satisfied that the individual:

(1)        has the authority to carry out the responsibilities of the position;

(2)        understands the responsibilities of the position; and

(3)        has the knowledge, qualifications and experience required by the organisation's exposition for the position .

 

Head of design

The applicant is required to nominate an individual for the position of head of design, who is responsible to the accountable manager for ensuring that the organisation complies with its exposition and design assurance system manual and the regulations in carrying out design activities (see new regulation 21.233).

 

CASA must be satisfied that the individual has:

(1)        knowledge, qualifications and experience that are suitable for the position; and

(2)        the knowledge, qualifications and experience required by the organisation's exposition for the position.

 

Verification of information by CASA

CASA may inspect the applicant's facilities and resources to verify the information contained in the application and the supporting documents. CASA may also interview individuals who have been nominated to hold key positions in the organisation to ascertain the adequacy of their knowledge of, and familiarity with, the regulations, design standards and processes and procedures of the organisation that are relevant to the functions the individual is to be authorised to perform (see regulation 11.035).

 

Entitlement of the applicant

CASA must approve the applicant as an approved design organisation if the applicant has demonstrated compliance with the requirements of new Subpart 21.J and the applicable provisions of the regulations. However, if an applicant is not an Australian resident or a corporation registered in Australia or carries on business outside Australian territory and would place an undue burden on CASA in conducting its certificate management responsibilities then CASA may refuse to grant the approval.

 

New regulation 21.245--Approval certificate

This regulation sets out the requirements for the approval certificate for an approved design organisation.

 

The approval certificate defines the scope of activities that the organisation is approved to carry out.

 

CASA may impose a condition on the approval certificate if that is necessary in the interests of the safety of air navigation (see regulation 11.056). The scope of the certificate may be limited using criteria such as engineering specialities (for example, electrical, engines, mechanical, structures), airworthiness standards (for example, Part 23, Part 35), class of aircraft or aeronautical product (for example, rotorcraft, piston engines) or technologies handled by the organisation (for example, composite, wood or metallic construction).

 

This regulation also requires CASA to issue a new approval certificate to an approved design organisation if CASA approves, under new regulation 21.253, a change to the scope of the organisation's approval or if the organisation changes its name. In the case of a change in the organisation's name, the organisation must provide evidence that there is no change to any other aspect of the approval, including the key personnel, design assurance system and location of the principal facility.

 

For the purpose of regulation 21.245:

 

Change of ownership/transferability

The issuance of an approval certificate as an approved design organisation is based on the demonstrated capability of the applicant. Therefore, an approval granted under new regulation 21.243 as an approved design organisation is not transferable to another person or company.

 

Validity of approval certificate

An approval certificate remains valid until it is surrendered by its holder for any reason or CASA suspends or cancels the approval under the regulations (see new regulation 21.249).

 

New regulation 21.247--Approval subject to conditions--general

Subregulation 21.247(1) sets out certain requirements that an approved design organisation must comply with at all times, and makes this a condition of the organisation's approval.

 

Subregulation 21.247(2) provides that CASA may issue a direction to an approved design organisation to provide information to CASA.

 

New regulation 21.248--Approval subject to conditions--holders of other authorisations under Part 21 and licensees

Subregulation 21.248(1) requires an approved design organisation, as a condition of the organisation's approval, to fulfil its obligations in relation to any other authorisation, however described, under Part 21 for which the organisation is the holder.

 

Subregulation 21.248(2) requires the approved design organisation, as a condition of the organisation's approval, to fulfil its obligations in relation to any type certificate or supplemental type certificate for which the organisation is the licensee.

 

New regulation 21.249--Cancellation, suspension and variation of approval

Subregulation 21.249(1) provides that CASA may cancel, suspend or vary an approval as an approved design organisation, by written notice given to its holder, if the holder does not comply, or ceases to comply, with the requirements of new Subpart 21.J.

 

Subregulation 21.249(2) requires CASA to specify certain things in the written notice given to the approval holder in relation to cancellation, suspension or variation of the approval.

 

Subregulation 21.249(3) provides that a cancellation, suspension or variation under this regulation takes effect when the holder of the authorisation is given the notice.

 

Subregulation 21.249(4) provides that if an approval is suspended under this regulation then the approval is not in force during the period of the suspension. However, the requirements for record keeping and production of records to CASA under new regulation 21.277 apply during the period of suspension (see new subregulation 21.277(3)).

 

Division 21.J.3--Authorisation to carry out particular certification activity

 

New regulation 21.251--Authorisation of approved design organisations to carry out certification activities

Subregulation 21.251(1) provides for CASA to authorise an approved design organisation to carry out a certification activity in relation to applications for the following:

(1)        a type certificate;

(2)        approval of a change to a type design;

(3)        a supplemental type certificate;

(4)        approval of the design of a Class II or Class III product;

(5)        an Australian Parts Manufacturer Approval (APMA);

(6)        a modification/repair design approval;

(7)        an ATSO authorisation.

 

Subregulation 21.251(2) sets out the conditions that must be met before CASA may authorise an approved design organisation to carry out a certification activity, including the requirement for the applicant to nominate the approved design organisation to carry out the certification activity.

 

An approved design organisation may only be authorised by CASA to carry out a certification activity that is within the scope of the organisation's approval certificate. However, subject to the conditions set out in subregulation 21.251(2), CASA may authorise multiple approved design organisations to carry out certification activities in relation to a single application (for example, to cover different aspects of an application that are not within the scope of one organisation's approval certificate). In this case each organisation provides a certificate to CASA in relation to the organisation's own activities.

 

Subregulation 21.251(3) requires CASA to give written notice of the authorisation to carry out the certification activity to the applicant and the relevant approved design organisation

 

Division 21.J.4--Changes to approved design organisations

 

New regulation 21.253--Application for approval of change to scope of approval

Any change to the scope of an approved design organisation's approval requires an application to CASA from the certificate holder. During the period between the organisation submitting an application to CASA for approval of a proposed change and CASA approving the change, the organisation is permitted to carry out design activities within the scope of its existing approval certificate, but it is not permitted to carry out design activities under the proposed new scope until the change has been approved by CASA.

 

Under new regulation 21.245, CASA must issue a new approval certificate to an approved design organisation if CASA approves a change to the scope of the organisation's approval.

 

Subregulation 21.253(1) provides that an approved design organisation may apply to CASA for approval of a change to the design activities that the organisation is approved to carry out or the aircraft and aeronautical products in relation to which the organisation is approved to carry out those activities.

 

Subregulation 21.253(2) sets out the requirements for an application for approval of a change to an approved design organisation's scope of approval.

 

Subregulation 21.253(3) requires CASA to approve a change, subject to regulation 11.055, if CASA is satisfied that, under the changed scope, the approved design organisation will continue to meet the requirements mentioned in new subregulation 21.243(5).

 

Subregulation 21.253(4) provides that if CASA approves a change to an approved design organisation's scope of the approval, the changes to the organisation's exposition and design assurance system manual covered by the application are also taken to have been approved.

 

New regulation 21.255--Application for approval of change to design assurance system manual

Any change to a design assurance system is considered significant. Therefore, any proposed change to an approved design organisation's design assurance system manual requires an application to CASA from the certificate holder.

 

During the period between the organisation submitting an application to CASA for approval of a proposed change and CASA approving the change, the organisation is permitted to carry out design activities under its existing design assurance system, but it is not permitted to carry out design activities under the proposed changes to the design assurance system until the changes have been approved by CASA.

 

Subregulation 21.255(1) requires that if an approved design organisation proposes to make a change to its design assurance system manual, the organisation must apply to CASA for approval of the change.

 

Subregulation 21.255(2) sets out the requirements for an application for approval of a change to an approved design organisation's design assurance system manual.

 

Subregulation 21.255(3) requires CASA to approve a change, subject to regulation 11.055, if CASA is satisfied that, after the change, the design assurance system will continue to meet the requirements mentioned in new regulations 21.269 and 21.270.

 

Subregulation 21.255(4) provides that if CASA approves a change to an approved design organisation's design assurance system manual, the change to the organisation's exposition covered by the application is also taken to have been approved.

 

New regulation 21.256--Change to design assurance system manual at direction of CASA

Subregulation 21.256(1) provides that CASA, if satisfied that it is necessary to do so in the interests of the safety of air navigation, may direct an approved design organisation to make a specified change to its design assurance system manual within the time specified in the direction.

 

Subregulation 21.256(2) requires the approved design organisation to comply with the direction and if compliance requires a change to the organisation's exposition, it must update its exposition and give a copy of the updated part to CASA.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.257--Application for approval of permanent appointment of new accountable manager or head of design

Permanent appointment of a new accountable manager or head of design is considered significant. Therefore, any proposed permanent appointment of a new accountable manager or head of design requires an application to CASA from the certificate holder.

 

Subregulation 21.257(1) requires that if an approved design organisation wishes to appoint an individual permanently as the organisation's accountable manager or head of design, the organisation must apply to CASA for approval of the appointment.

 

Subregulation 21.257(2) sets out the requirements for an application for approval of a permanent appointment of a new accountable manager or head of design.

 

Subregulation 21.257(3) requires CASA to approve an appointment, subject to regulation 11.055, if:

(1)        for an accountable manager, CASA is satisfied that the appointee:

(a)         has the authority to carry out the responsibilities of the position;

(b)        understands the responsibilities of the position; and

(c)         has the knowledge, qualifications and experience required by the organisation's exposition for the position; or

(2)        for a head of design, CASA is satisfied that the appointee has:

(a)         knowledge, qualifications and experience that are suitable for the position; and

(b)        the knowledge, qualifications and experience required by the organisation's exposition for the position.

 

Subregulation 21.257(4) provides that if CASA approves a permanent appointment of a new accountable manager or head of design, the change to the approved design organisation's exposition covered by the application is also taken to have been approved.

 

New regulation 21.258--Permanent appointment of other key personnel--requirement to tell CASA

This regulation requires that if an approved design organisation permanently appoints a person to a position mentioned in new subparagraph 21.263(c)(iii) or (iv)--namely: managerial positions (other than accountable manager or head of design) and each other position held by a person who carries out a design activity, then the organisation must notify CASA, in writing, within 7 days after the change.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

 

 

New regulation 21.259--Change to exposition by organisation

Subregulation 21.259(1) provides that if an approved design organisation undergoes a change that renders its exposition inaccurate, other than a change mentioned in new regulation 21.253, 21.255, 21.256 or 21.257, the approved design organisation must, within 30 days after undergoing the change, update its exposition and give CASA written notice of the change and a copy of the updated part of the exposition.

 

Subregulation 21.259(2) provides that if an approved design organisation makes a change to its exposition, other than a change mentioned in new regulation 21.253, 21.255, 21.256, 21.257, 21.261 or subregulation 21.259(1), the approved design organisation must, within 30 days after making the change, give CASA a copy of the changed part of the exposition.

 

Changes made under this regulation do not require approval by CASA--the approved design organisation must comply with its exposition, as changed, immediately upon making the change.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.261--Change to exposition at direction of CASA

Subregulation 21.261(1) provides that CASA may direct an approved design organisation to change to its exposition within a time specified in the direction.

 

Subregulation 21.261(2) provides that CASA may issue a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition contains the information mentioned in new regulation 21.263.

 

Subregulation 21.261(3) provides that the approved design organisation must comply with the direction within the specified time.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

Division 21.J.5--Obligations of approved design organisations

 

New regulation 21.263--Content of exposition

Regulation 21.263 sets out the requirements for the information that an approved design organisation's exposition must include.

 

The exposition sets out the key aspects of the approved design organisation, including the key personnel, organisational structure, the design activities that the organisation may carry out and the procedures that the organisation must follow to carry out those activities. The information in the exposition must be sufficient for CASA to determine that the approved design organisation will comply with the regulations.

 

New regulation 21.265--Compliance with exposition

This regulation provides that an approved design organisation must comply with the provisions of its exposition.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

 

New regulation 21.267--Design assurance system

This regulation requires that an approved design organisation must have a design assurance system that meets the requirements of new regulations 21.269 and 21.270.

 

An approved design organisation's design assurance system is the mechanism that provides the necessary level of assurance for CASA to approve the organisation to carry out design activities and to accept a certification by the organisation in relation to a certification activity. It must enable the organisation to ensure and demonstrate that each design activity and the associated aircraft or aeronautical product complies with the applicable requirements.

 

An approved design organisation's design assurance system must be documented in the organisation's design assurance system manual (see new regulation 21.233).

 

New regulation 21.269--Requirements for design assurance system--general

This regulation sets out the requirements for an approved design organisation's design assurance system.

 

A design assurance system is a set of policies, processes and procedures that enables an approved design organisation to ensure and demonstrate that:

(1)        each design activity is controlled and managed in a way that ensures that the associated aircraft or aeronautical product complies with the applicable airworthiness standards;

(2)        no design activity introduces an unsafe feature or characteristic to an aircraft or aeronautical product; and

(3)        each design activity is carried out in accordance with Part 21 and the conditions of the organisation's approval.

 

A design assurance system involves specific planned and systematic actions that should be integrated throughout the entire course of each design activity to ensure that the necessary considerations are made and the work is checked at appropriate stages of the activity.

 

Independent monitoring

Independent monitoring of an approved design organisation's design assurance system is required to provide assurance that the processes and procedures of the system are properly documented, controlled, performed and corrected as needed. A design assurance system must therefore include procedures for:

(1)        independent monitoring of:

(a)         the adequacy of the design assurance system; and

(b)        compliance with the design assurance system; and

(2)        providing the associated feedback to the organisation's head of design.

 

Independent checking (compliance verification)

A design assurance system must also include procedures for independent checking of each design activity the organisation carries out to ensure that:

(1)        each aircraft or aeronautical product to which the design activity relates complies with the applicable airworthiness requirements (if any--for example, in the case of an experimental certificate activity) for the aircraft or aeronautical product;

(2)        for an approval activity--carrying out the activity would not be likely to have an adverse effect on the safety of air navigation; and

(3)        for an experimental certificate activity--carrying out the activity would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.

 

Independent checking of a design activity must:

(1)        involve a comprehensive and systematic examination of the activity to evaluate the adequacy and accuracy of its assumptions, methodology, calculations and conclusions; and

(2)        be carried out by an individual who:

(a)         has the knowledge, experience and qualifications required by the organisation's exposition for individuals carrying out the design activity; and

(b)        is not the individual who carried out the design activity for the organisation; and

(c)         be thoroughly documented.

 

In relation to experimental certificate activities, independent checking is not required for asking the holder of the certificate to make the certificate available for inspection under regulation 21.195B(3) or surrender the certificate under regulation 21.195B(8).

 

New regulation 21.270--Requirements for design assurance system--holders of other authorisations under Part 21 and licensees

This regulation sets out additional requirements for an approved design organisation's design assurance system that apply if the organisation is the holder or licensee of certain other authorisations or certificates under Part 21.

 

Subregulation 21.270(1) requires that, if an approved design organisation is the holder of another authorisation (however described) under Part 21, its design assurance system must include policies and procedures to enable the organisation to comply with its obligations under Part 21. Examples of other authorisations include:

(1)        A type certificate,

(2)        A supplemental type certificate.

(3)        A production certificate.

(4)        An APMA.

(5)        A modification/repair design approval.

(6)        An approval granted in accordance with a legislative instrument issued under regulation 21.475.

(7)        An ATSO authorisation.

 

Subregulation 21.270(2) requires the approved design organisation to include policies and procedures in its design assurance system to enable the organisation to comply with its obligations under Part 21, if it is the licensee of a type certificate or supplemental type certificate.

 

New regulation 21.271--Compliance with design assurance system manual

This regulation provides that an approved design organisation must comply with the provisions of its design assurance system manual.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.273--Audit of approved design organisation by CASA

This regulation provides for CASA to monitor the industry by carrying out audits to verify that certificate holders are upholding their responsibilities.

 

Subregulation 21.273(1) provides that CASA may audit an approved design organisation to determine its compliance with the conditions of its approval i.e. the regulations, its exposition and its design assurance system.

 

Subregulation 21.273(2) provides that CASA may direct an approved design organisation to give to CASA certain information and records relevant to the audit.

 

Subregulation 21.273(3) provides that CASA may direct an approved design organisation to give to CASA reports on the conduct of design activities by the organisation.

 

Subregulation 21.273(4) provides that an approved design organisation must comply with a direction under subregulation 21.273(2) or (3).

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.275--Inspections and observations

This regulation provides for CASA to monitor the industry by carrying out inspections and observations to verify that certificate holders are upholding their responsibilities; in particular, in relation to adherence to the safety and airworthiness standards.

 

Subregulation 21.275(1) provides that CASA may, to determine whether the organisation is complying with the conditions of its approval, direct an approved design organisation to allow CASA to:

(1)        inspect facilities, equipment and tools used by the organisation in carrying out design activities, or aircraft and aeronautical products in relation to which the organisation carries out design activities; or

(2)        observe the organisation carrying out a design activity.

 

Subregulation 21.275(2) provides that an approved design organisation must comply with a direction under subregulation 21.275(1).

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.277--Record keeping and production of records to CASA

Subregulations 21.277(1) and (2) set out the obligation of an approved design organisation in relation to the retention of documents and records related to the design activities that the organisation carries out.

 

An approved design organisation must retain the documents and records mentioned in subregulation 21.277(2) for at least 12 months after the organisation's approval ceases to be in force.

An approved design organisation's record keeping system and procedures must ensure that the records are kept in an accessible form and must maintain their security and integrity for the required period.

 

Subregulation 21.277(3) provides that if an approval is suspended, then the records keeping requirements of subregulation 21.277(1) remain in force during the period of suspension.

 

Subregulation 21.277(4) provides that CASA may direct an approved design organisation to make the documents and records, or copies or extracts of them, available for inspection.

 

Subregulation 21.277(5) provides that an approved design organisation must comply with a direction under this regulation.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

See also new paragraph 21.263(i) for exposition requirements for disposal of documents and records if the organisation ceases to be an approved design organisation.

 

New regulation 21.279--Directions to comply with specified procedures or instructions

Subregulation 21.279(1) provides that CASA may direct an approved design organisation to comply with a stated procedure or instruction in carrying out a stated design activity.

 

Subregulation 21.279(2) provides that an approved design organisation must comply with a direction under this regulation.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.281--Investigation of potentially unsafe condition

Subregulation 21.281(1) provides that CASA may direct an approved design organisation to give CASA stated assistance in investigating a potentially unsafe condition in an aircraft or aeronautical product in relation to which the approved design organisation issued an approval or certificate.

 

Subregulation 21.281(2) provides that an approved design organisation must comply with a direction under this regulation.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

New regulation 21.283--Requirement to provide employees and subcontractors with exposition and design assurance system manual

Subregulation 21.283(1) requires an approved design organisation to make available to its employees and subcontractors, before they start to carry out a design activity, the part of the organisation's exposition and design assurance system manual that is relevant to the employees' or subcontractors' duties.

 

Subregulation 21.283(2) requires an approved design organisation to make available to its employees and subcontractors who are carrying out a design activity any changed or updated part of the organisation's exposition and design assurance system manual that is relevant to the employees' or subcontractors' duties before the design activity is completed.

 

An offence against this regulation is an offence of strict liability with a maximum penalty of 50 penalty units.

 

Item [45] and item [46]

These items are consequential to item [44]. They amend the provisions relating to entitlement to an APMA to insert provisions for approved design organisations. They also update the terminology to use the term technical data (see regulation 21.009) and improve clarity.

 


 

 

Item [45] Subregulation 21.303(4)

Item [45] amends regulation 21.303 to provide for a relevant approved design organisation to carry out a certification activity in relation to the design for an APMA and that CASA may satisfy itself that the design meets the applicable airworthiness requirements on the basis of the certificate from the approved design organisation.

 

It also updates the terminology to use the term technical data instead of design data and improves clarity.

 

Item [46] Paragraph 21.303(11)(e)

Item [46] amends the provisions of paragraph 21.303(11)(e) to improve clarity and to update the terminology to refer to technical data instead of design data.

 

Item [47] Subregulation 21.305A(2)  

Item [47] is consequential to item [44]. It amends subregulation 21.305A(2) to insert provisions for approved design organisations.

 

The subregulation has also been reworded to improve clarity. CASA, or the authorised person or relevant approved design organisation must grant the approval if satisfied that doing so would be unlikely to have an adverse effect on aviation safety. However, it is the applicant's responsibility to provide, prior to an approval being granted, any information and arrangements for any inspections that CASA, or the authorised person or relevant approved design organisation, considers necessary in order to be satisfied that granting the approval would be unlikely to have an adverse effect on aviation safety.

 

Item [48] and item [49]

These items are consequential to item [44]. They amend the provisions relating to airworthiness standards for Subpart 21.M to improve clarity and insert provisions for approved design organisations.

 

Item [48] Regulation 21.402

Item [48] improves the clarity of the definitions of proposed airworthiness standards and applicable airworthiness standards for Subpart 21.M. It repeals regulation 21.402 and inserts a new regulation 21.402--Definition of proposed airworthiness standards for Subpart 21.M, and new regulation 21.403--Definition of applicable airworthiness standards for Subpart 21.M. New regulation 21.403 includes provisions for approved design organisations and new regulation 21.418.

 

Item [49] Regulation 21.416

Item [49] repeals regulation 21.416 and inserts a new regulation 21.416--Determination of non-application of airworthiness standards--application to CASA, to specifically apply to applications for determination of non-application of airworthiness standards that are made to CASA.

 

It also inserts new regulation 21.418--Determination of non-application of airworthiness standards--application to authorised person or approved design organisation, to provide for applications for determination of non-application of airworthiness standards to be made to an authorised person or an approved design organisation. A determination by an authorised person or approved design organisation under regulation 21.418 is subject to review by CASA--the determination must be submitted to CASA, and CASA must provide written notice of its decision on the determination. The determination may not be applied unless and until CASA has provided notification of its agreement with the determination.

 

Item [50] At the end of regulation 21.420

Item [50] is consequential to item [44]. It amends regulation 21.420 to insert provisions for a relevant approved design organisation to carry out a certification activity in relation to whether a modification/repair design complies with the applicable airworthiness requirements, and that an applicant is taken to have shown CASA that a design complies if an approved design organisation gives CASA a certificate to that effect.

 

Item [51] and item [52]

These items are consequential to item [44]. They amend regulation 21.430 to insert provisions for approved design organisations.

 

Item [51] Regulation 21.430 (heading)

Item [51] amends the regulation 21.430 heading to mention approved design organisation.

 

Item [52] Subparagraph 21.430(2)(b)(ii)

Item [52] amends subparagraph 21.430(2)(b)(ii) to mention authorised person and approved design organisation.

 

Item [53] After subregulation 21.435(2)

Item [53] is consequential to item [50]. It provides, in the provisions for grant of modification/repair design approvals by CASA, that CASA is taken to be satisfied that a design complies with the applicable airworthiness requirements for the design if an approved design organisation has given CASA a certificate to that effect under new subregulation 21.420(5).

 

Item [54], item [55], item [56] and item [57]

These items are consequential to item [44]. They amend the provisions for the grant of modification/repair design approvals to insert provisions for approved design organisations, and for an authorised person or an approved design organisation to make equivalent level of safety determinations for modification/repair designs.

 

Item [54] After regulation 21.435

Item [54] inserts new regulation 21.436--Application to authorised person or approved design organisation--non-compliance with applicable airworthiness standards: determination of equivalent level of safety, which provides that an authorised person or an approved design organisation may be approved by CASA to make equivalent level of safety determinations for modification/repair designs.

 

In the case that such an authorised person or approved design organisation receives an application for a modification/repair design approval and they are not satisfied that the design complies with the applicable airworthiness standards, then they must determine whether the non-compliance is compensated for by factors that provide an equivalent level of safety, or apply to CASA for such a determination. If the authorised person or an approved design organisation makes a determination that the non-compliance is compensated for by factors that provide an equivalent level of safety then they must notify CASA of the details of the determination and CASA must decide whether or not it agrees with the determination and notify the authorised person or approved design organisation accordingly--the modification/repair design may not be approved unless and until CASA notifies the authorised person or approved design organisation that it agrees with the determination (see amended paragraph 21.437(3)(c)).

 

If the authorised person or an approved design organisation who receives the application is not approved to make equivalent level of safety determinations then they must apply to CASA for the determination.

 

Item [55] Regulation 21.437 (heading)

Item [55] amends the regulation 21.437 heading to mention approved design organisations.

 

Item [56] Paragraph 21.437(3)(c)

Item [56] is consequential to item [54]. It amends paragraph 21.437(3)(c) to provide for an authorised person or an approved design organisation to make equivalent level of safety determinations for modification/repair designs under new regulation 21.236.

 

Item [57] Subregulations 21.437(5) to (7)

Item [57] is consequential to item [54] and item [56]. It repeals subregulations 21.437(5) to (7) because these provisions are now covered by new regulation 21.436 and paragraph 21.437(3)(c) as amended.

 

Item [58] Subregulation 21.445(2)

Item [58] is consequential to item [44]. It amends subregulation 21.445(2) to insert provisions for approved design organisations.

 

Item [59] Subregulation 21.500(1)

Item [59] amends subregulation 21.500(1) to improve clarity.

 

Item [60] Subregulation 21.500A(2)

Item [60] is consequential to item [44]. It amends subregulation 21.500A(2) to insert provisions for approved design organisations.

 

Item [61] Subregulation 21.502A(2)

Item [61] is consequential to item [44]. It amends subregulation 21.502A(2) to insert provisions for approved design organisations.

 

Item [62] and item [63]

These items insert in the provisions relating to Australian Technical Standard Orders, provisions for European Technical Standard Orders (ETSO), approved design organisations and technical data.

 

Item [62] After paragraph 21.601(2)(a)

Item [62] inserts new paragraph 21.601(2)(aa) to provide the meaning of the acronym ETSO--a European Technical Standard Order issued by EASA.

 

Item [63] Subregulation 21.605(4) (including the source reference)

Item [63] inserts in regulation 21.605 provisions for an ETSO equivalent to those for a TSO, updates the terminology to refer to technical data and improves the clarity of the provisions.

 

Item [63] also amends regulation 21.605 consequential to item [44]. It inserts provisions for a relevant approved design organisation to carry out a certification activity in relation to whether the design of an article complies with the applicable ATSO, ETSO or TSO, including any deviations approved under regulation 21.609, and that CASA may satisfy itself that the design complies on the basis of the certificate from the approved design organisation.


 

 

Item [64] Subregulation 21.611(4) (note)

Item [64] is consequential to item [44]. It amends the subregulation 21.611(4) note to mention approved design organisations.

 

Item [65] and item [66]

These items amend the provisions for installation of instruments and equipment on an aeroplane that is to be used in an application operation. They more clearly describe the installation and approval requirements.

 

Item [65] Subregulation 137.200(2)

Item [65] amends subregulation 137.200(2). It amends the installation and approval requirements for instruments and equipment on an aeroplane that is to be used in an application operation to more clearly describe the requirements using updated terminology.

 

Item [66] At the end of regulation 137.200

Item [66] clarifies the meaning of the terms used in the item [65] amendments by inserting references to the subregulation 42.015(1) definitions of approved design and Part 21 approval.

 

Item [67] Part 202 (table of contents)

Item [67] is consequential to item [70]. It inserts in the Part 202 table of contents an item for the new Subdivision 202.AJ.1.A heading.

 

Item [68] Part 202 (table of contents)

Item [68] is consequential to item [71]. It inserts in the Part 202 table of contents an item for the new Subdivision 202.AJ.1.B heading.

 

Item [69] Part 202 (table of contents)

Item [69] is consequential to item [72]. It inserts in the Part 202 table of contents an item for new Subdivision 202.AJ.1.C.

 

Item [70] Before regulation 202.049A

Item [70] improves clarity by inserting a new Subdivision heading--Subdivision 202.AJ.1.A--Amendments made by Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1).

 

Item [71] After regulation 202.049A

Item [71] improves clarity by inserting a new Subdivision heading--Subdivision 202.AJ.1.B--Amendments made by Civil Aviation Amendment Regulations 1999 (No. 5).

 

Item [72] After regulation 202.052

Item [72] inserts new Subdivision 202.AJ.1.C--Amendments made by Civil Aviation Legislation Amendment (Subpart 21.J) Regulation 2013.

 

It inserts new regulation 202.052A: Transitional--certificates of approval for design activities. New regulation 202.052A provides a transition period of 1 March 2014 to the end of 28 February 2017 for design organisations approved under regulation 30 of CAR to transition to an approval under new Subpart 21.J of CASR.

 

During the transition period the following provisions apply despite the repeal of the provisions of regulation 30 of CAR relating to design organisations:

(1)        a certificate of approval for a design organisation that was in force under regulation 30 of CAR immediately before 1 March 2014 continues in force on and after 1 March 2014 according to its terms; it may also be varied, suspended or revoked under regulation 269 of CAR; and

(2)        if a valid application for a certificate of approval as a design organisation under regulation 30 of CAR is submitted to CASA before 1 March 2014, then CASA may grant the relevant certificate of approval under regulation 30 of CAR; however, the transitional requirements still apply and therefore an approval under this provision may only remain in force until the end of 28 February 2017. The applicant may alternatively choose to amend their application prior to a final determination by CASA and seek approval as an approved design organisation under new Subpart 21.J of CASR.

 

Item [73] Part 1 of the Dictionary

Item [73] is consequential to item [44]. It inserts in the Dictionary the definition of approved design organisation.

 

Item [74] Part 1 of the Dictionary (definition of delegation option authorisation)

Item [74] is consequential to item [44]. It repeals the definition of delegation option authorisation because the term is no longer required.

 

Item [75] Part 1 of the Dictionary

Item [75] is consequential to item [62]. It inserts in the Dictionary a reference to the definition of ETSO.

 

Item [76] Part 1 of the Dictionary (definition of nominated person)

Item [76] is consequential to item [44]. It repeals the definition of nominated person because the term was defined in relation to delegation option authorisations and therefore is no longer required.

 

Item [77] Part 1 of the Dictionary

Item [77] is consequential to item [44]. It inserts in the Dictionary the definition of relevant approved design organisation. The term relevant approved design organisation is used throughout new Subpart 21.J in relation to when an approved design organisation may carry out a particular design activity. An approved design organisation is a relevant approved design organisation for a particular design activity if the organisation has been approved to carry out that activity in relation to aircraft or aeronautical products of that kind; in other words, the particular activity must be within the organisation's scope of approval as specified on the organisation's approval certificate.

 

 

Part 2--Amendments of references to CASA and authorised persons

 

Civil Aviation Safety Regulations 1998

 

Item [78] Amendments of listed provisions--references to CASA and authorised persons

Item [78] is consequential to item [44]. It amends various provisions of Part 21 to mention approved design organisations.

 

 


 

Part 3--Additional amendments of references to authorised persons

 

Civil Aviation Safety Regulations 1998

 

Item [79] Additional amendments of listed provisions--references to the authorised person

Item [79] is consequential to item [44]. It amends various provisions of Part 21 to mention approved design organisations.

 

 

Part 4--Amendments of references to type design data

 

Civil Aviation Safety Regulations 1998

 

Item [80] Amendments of listed provisions--references to type design data

Item [80] updates various provisions of Part 21 to use the term technical data (see regulation 21.009), to replace terms such as design data and specifications.

 

 

Part 5--Amendments of references to ATSOs and TSOs

 

Civil Aviation Safety Regulations 1998

 

Item [81] Amendments of listed provisions--references to ATSO or TSO

Item [81] is consequential to item [62] and item [63]. It inserts provisions for ETSOs in various provisions of Part 21 that relate to ATSOs or TSOs.

 


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