Schedule 1 Amendments of Civil Aviation Regulations 1988

(regulation 3)

[1] Subregulation 2 (1), definition of aviation authority, paragraph (a)

omit

the CASA; and

insert

CASA; and

[2] Subregulation 2 (1), definition of class of airspace

omit

subregulation 2.4.1 (1)

insert

paragraph 2.04 (1) (b)

[3] Paragraph 2 (7) (a)

omit

paragraph 206 (a)

insert

paragraph 206 (1) (a)

[4] Paragraph 2 (7) (b)

omit

paragraph 206 (b)

insert

paragraph 206 (1) (b)

[5] Paragraph 2 (7) (c)

omit

paragraph 206 (c)

insert

paragraph 206 (1) (c)

[6] Subregulation 2 (7B)

omit

CAR 1998,

insert

CASR,

[7] Subregulation 2B (2)

omit

or authorised person

insert

or the authorised person

[8] Paragraph 5A (1) (a)

omit

the commencement of this regulation; and

insert

16 June 1994; and

[9] Paragraph 5A (1) (b)

omit

after that commencement; and

insert

on or after that day; and

[10] Subparagraphs 6A (1) (a) (vi) and (vii)

omit

[11] Subregulation 7 (1)

omit

these regulations.

insert

CAR.

[12] Paragraph 7A (aa)

omit

CAR 1998

insert

CASR

[13] Paragraph 42G (7) (a)

omit

or authorised person,

insert

or the authorised person,

[14] Paragraph 42M (1) (b)

omit

or authorised person

insert

or the authorised person

[15] Subregulation 42M (1)

omit

or authorised person

insert

or the authorised person

[16] Subregulation 42M (3)

omit

or authorised person

insert

or the authorised person

[17] Subregulations 42M (4) and (5)

substitute

(4) CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA’s, or the authorised person’s, decision in relation to the system submitted.

(5) If CASA or the authorised person decides:

(a) not to approve the system of maintenance; or

(b) to modify the system of maintenance;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

[18] Paragraph 42R (1) (b)

omit

or authorised person

insert

or the authorised person

[19] Subregulation 42R (1)

omit

or authorised person

insert

or the authorised person

[20] Subregulation 42R (3)

omit

or authorised person

insert

or an authorised person

[21] Subregulations 42R (4) and (5)

substitute

(5) If CASA or the authorised person decides:

(a) not to approve the change; or

(b) to modify the change;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

[22] Subparagraph 42W (4) (c) (ii)

omit

CAR 1998; or

insert

CASR; or

[23] Regulation 42WA, note

substitute

Note A document that complies with regulation 42WA is an authorised release certificate. Appendix 1 to Civil Aviation Order 100.16 gives a list of documents issued in foreign countries that, if completed correctly, will be authorised release certificates. Civil Aviation Advisory Publication 42W-1 sets out documents necessary for the supply of components, parts and material. Also, Civil Aviation Advisory Publication 42W-2 explains how to prepare a certificate. Both the Order and the Advisory Publications are available on CASA’s website.

[24] Paragraph 42ZC (8) (a)

omit

or authorised person,

insert

or the authorised person,

[25] Paragraph 42ZK (1) (b)

omit

or authorised person

insert

or the authorised person

[26] Subregulation 42ZK (1)

omit

or authorised person

insert

or the authorised person

[27] Subregulation 42ZK (2)

omit

or authorised person’s

insert

or the authorised person’s

[28] Subregulation 42ZK (3)

omit

or authorised person

insert

or the authorised person

[29] Subregulation 42ZR (4)

omit

or authorised person

insert

or the authorised person

[30] Subregulations 42ZS (2) to (5)

substitute

(2) If CASA or the authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as CASA or the authorised person thinks necessary in the interests of the safety of air navigation.

(3) CASA or the authorised person must, in writing, notify the applicant of CASA’s, or the authorised person’s, decision in relation to the application.

(4) If CASA or the authorised person grants the exemption, or approves the variation, CASA or the authorised person must identify in the exemption or approval:

(a) in the case of an exemption:

(i) the aircraft to which the exemption relates; and

(ii) the person or persons to whom the exemption applies; and

(iii) the conditions (if any) subject to which the exemption is granted; or

(b) in the case of an approval of a variation:

(i) the aircraft to which the variation relates; and

(ii) the person or persons to whom the variation applies; and

(iii) the conditions (if any) subject to which the variation is granted.

(5) If CASA or the authorised person decides not to grant the exemption, or approve the variation, CASA or the authorised person must include in the notice a statement of the reasons for that decision.

[31] Paragraph 42ZT (2) (c)

omit

or authorised person

insert

or the authorised person

[32] Subregulation 50D (1)

omit

or authorised person.

insert

or the authorised person.

[33] Subregulation 54 (2)

omit

regulation 55,

insert

regulation 55 or 55A,

[34] Subregulation 61 (1)

omit

CAR 1998,

insert

CASR,

[35] Paragraph 92 (1) (b)

omit

a licence granted under regulation 89C;

insert

a certificate granted, or registration, under Part 139 of CASR;

[36] Paragraph 92A (4) (b)

substitute

(b) the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

[37] Paragraph 92A (4A) (b)

substitute

(b) the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

[38] Subregulation 92A (5)

substitute

(5) For the purposes of paragraphs (4) (a) and (4A) (a), despite the repeal of Division 4 of this Part by the Civil Aviation Amendment Regulations 2003 (No. 1), the requirements are those of subregulation 92A (5), as in force on 1 May 2003.

Note The text of that subregulation, as in force on 1 May 2003, is available on SCALEplus at http://scaleplus.law.gov.au/html/histreg/6/3203/rtf/ CivilAviation1988Vol2.rtf.

(5A) An aerodrome or an aerodrome operator is taken to comply with a requirement of subregulation 92A (5) (as in force on 1 May 2003) if:

(a) the aerodrome or the operator complies with a requirement of Part 139 of CASR that corresponds to the requirement of that subregulation; or

(b) under Subpart 202.GA of CASR, the aerodrome or the operator is taken to so comply.

Note Regulation 202.705 of CASR provides for the continuation in force of certain exemptions granted under regulation 89ZD.

[39] Paragraph 96 (1) (b)

substitute

(b) a place the use of which as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR; or

[40] Paragraph 105 (1) (b)

substitute

(b) a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;

[41] Paragraph 115 (a)

omit

officer

[42] Paragraph 115 (b)

substitute

(b) a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;

[43] Regulation 169, heading

substitute

169 Preventing collisions on water

[44] Subregulation 230 (2)

omit

Part V,

insert

Part 5,

[45] Paragraph 252A (2) (c)

omit

subregulation 134 (1); or

insert

regulation 21.197 of CASR; or

[46] Subregulation 259 (2)

omit

CAR 1998

insert

CASR

[47] Subregulation 263 (1), definition of licence, paragraphs (ca) and (d)

substitute

(d) an aircraft endorsement.

[48] Subregulation 264 (1)

omit

Subject to subregulation 89C (3),

[49] Regulation 266

omit

Subject to regulation 89F, if

insert

[50] Subregulation 294 (3), definition of authorised person

omit

as defined in regulation 89

[51] Regulation 296A, definition of prescribed offence, note

substitute

Note Subregulation 2C (1) provides that CASR is to be read with, and as if it formed part of, CAR.

[52] Subregulation 297A (1), definition of reviewable decision, paragraph (a)

omit

[53] Subregulation 297A (1), definition of reviewable decision, paragraph (s)

omit

[54] Subregulation 297A (1), definition of reviewable decision, paragraphs (t) and (u)

omit

[55] Regulation 298

omit

(other than a certificate to which regulation 211 applies)

[56] Subregulation 298A (8), definition of endorsement, paragraph (b)

substitute

(b) an aircraft endorsement; or

[57] Subregulation 298A (8), definition of licence, paragraph (c)

substitute

[58] Subregulation 298A (8), definition of rating, paragraph (b)

substitute

(b) a rating under Part 65 of CASR.

[59] Subregulation 303A (1)

substitute

(1) If:

(a) CASA or an authorised person is authorised, or taken to be authorised, under these Regulations to issue, give or grant a prescribed exemption; and

(b) there is no provision of the Act or these Regulations expressly authorising CASA or an authorised person to impose conditions on the exemption;

this regulation authorises CASA or the authorised person, as the case may be, to issue, give or grant the exemption subject to any condition that CASA or the authorised person thinks necessary to impose in the interests of the safety of air navigation.

[60] Subregulation 303A (4)

substitute

(4) In this regulation:

prescribed exemption means an exemption, direction, instruction, notification, permission, approval or authority (whatever it is called) that has the effect of exempting a person from complying with a provision of these Regulations.

[61] Subregulation 308 (1)

omit

Subject to subregulation (1A),

[62] Paragraph 308 (1) (a)

omit

these regulations;

insert

CAR;

[63] Paragraph 308 (1) (b)

omit

these regulations

insert

CAR

[64] Subregulation 308 (1A)

omit

[65] Subregulation 308 (2)

omit

these regulations,

insert

CAR,

[66] Regulation 308, at the foot

insert

Note CASA can issue exemptions from CASR under Subpart 11.F of CASR.

[67] Regulations 310A to 310C

omit

[68] Regulation 311

substitute

311 Transitional

(1) If:

(a) an instrument (other than an Air Navigation Order or an instrument delegating powers or functions) made, granted or issued by a person under or for the purposes of a provision of the Air Navigation Regulations 1947 (the ANR) was in effect immediately before 30 June 1988; and

(b) that provision is one to which a provision of these Regulations corresponds;

the instrument continues to have effect on and after that day as if it had been made, granted or issued by the appropriate person under or for the purposes of that corresponding provision.

(2) If:

(a) an Air Navigation Order issued under the ANR for the purposes of a provision of those Regulations was in effect immediately before 30 June 1988; and

(b) that provision is one to which a provision of these Regulations corresponds;

the Air Navigation Order continues to have effect on and after that day as if it had been issued by CASA for the purposes of that corresponding provision.

(3) If:

(a) any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by a person under or for the purposes of a provision of the ANR was in effect immediately before 30 June 1988; and

(b) that provision is one to which a provision of these Regulations corresponds;

the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that corresponding provision.

(4) An Air Navigation Order referred to in subregulation (2) is, in its operation on and after 30 June 1988, taken to be a Civil Aviation Order.

(5) If any act done, step taken or decision made by a person under or for the purposes of an Air Navigation Order referred to in subregulation (2) was in effect immediately before 30 June 1988, the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that Air Navigation Order as continued in effect after that day as a Civil Aviation Order.

(6) In an instrument (including an Air Navigation Order) that, by virtue of this regulation, continues to have effect in the manner provided in this regulation:

(a) a reference to the Secretary to the Department is to be read as a reference to CASA; and

(b) a reference to the Department (other than a reference mentioned in paragraph (a)) is to be read as a reference to CASA; and

(c) a reference to a provision of the Air Navigation Act 1920 is to be read as a reference to the corresponding provision of the Act; and

(d) a reference to a provision of the ANR shall be read as a reference to the corresponding provision of these Regulations; and

(e) a reference to an Air Navigation Order that, by virtue of this regulation, continues to have effect as a Civil Aviation Order is to be read as a reference to that Civil Aviation Order.

[69] Regulation 312, definition of original regulations

omit

the commencement of this regulation.

insert

1 October 1998.

[70] Regulation 313

omit each mention of

the commencement of this regulation

insert

1 October 1998

[71] Subregulation 313 (6)

omit

before the commencement,

insert

before that day,

[72] Subregulation 314 (5)

substitute

(5) If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force.

[73] Regulation 315

omit

the commencement of this regulation,

insert

1 October 1998,

[74] Subregulation 317 (1)

omit

the commencement of this regulation

insert

1 October 1998

[75] Paragraph 317 (1) (b)

substitute

(b) 30 September 1999.

[76] Regulation 317A

omit

the commencement of this regulation

insert

16 August 1999

[77] Subregulation 318 (2)

omit

the commencement of this regulation.

insert

1 December 1998.

[78] Subregulations 318 (3) and (4)

omit each mention of

the commencement of this regulation

insert

1 December 1998

[79] Subregulations 318 (3) and (4)

omit each mention of

the commencement,

insert

that day,

[80] Regulation 319

omit each mention of

the commencement of this regulation

insert

1 December 1998

[81] Subregulation 319 (3)

omit

the commencement,

insert

that day,

[82] Regulations 320 and 321

omit each mention of

the commencement of this regulation

insert

1 December 1998

[83] Regulation 322

omit each mention of

the commencement of this regulation,

insert

16 August 1999,

[84] Regulation 323

substitute

323 Transitional: documents to be carried in Australian aircraft

(1) This regulation applies to an Australian aircraft if a change to its flight manual is required under regulation 322.

(2) Despite subregulation 139 (1), during the transition period, the aircraft is not required to carry its flight manual when flying if it carries on board the manual that was its flight manual immediately before 16 August 1999.

Note An aircraft’s flight manual immediately before 16 August 1999 was the manual in force for the aircraft under regulation 138, as that regulation was in force immediately before that day.

(3) In subregulation (2):

transition period means:

(a) if the change to the aircraft’s flight manual is made before the last day of the period within which the change must be made — the period beginning on 16 August 1999 and ending at the end of the day on which the change is made; or

(b) if paragraph (a) does not apply — the period within which the change must be made under subregulation 322 (4).

[85] Regulation 323A

substitute

323A Transitional — determinations under regulation 178

(1) A determination under paragraph 178 (1) (b) of the old regulations that was in force immediately before 1 October 2003 has effect on and after that day as if it were a determination under subregulation 178 (6) of the amended regulations.

(2) A determination under subregulation 178 (5) of the old regulations that was in force immediately before 1 October 2003 has effect after that day as if it were a determination under subregulation 178 (6) of the amended regulations.

(3) In this regulation:

amended regulations means CAR as in force and as amended on and after 1 October 2003.

old regulations means CAR as in force immediately before 1 October 2003.

[86] Regulations numbered 325 and 324

substitute

324 Transitional: certain warnings

(1) The requirement in paragraph 262AM (4) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AM (6) (as in force immediately before 1 December 1999):

(a) is displayed in accordance with paragraph 262AM (4) (c); and

(b) was so displayed immediately before 1 December 1999.

(2) The requirement in paragraph 262AP (8) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AP (9) (as in force immediately before 1 December 1999):

(a) is displayed in accordance with paragraph 262AP (8) (c); and

(b) was so displayed immediately before 1 December 1999.

325 References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)

A reference in an instrument made before 22 December 1999 to a Part, Division or Subdivision renumbered by the Civil Aviation Amendment Regulations 1999 (No. 6) is a reference to the Part, Division or Subdivision as so renumbered.

[87] Schedule 5, heading

substitute

Schedule 5 CASA maintenance schedule

(subregulation 2 (1), definition of CASA maintenance schedule)

[88] Schedule 6, heading

substitute

Schedule 6 CASA system of certification of completion of maintenance

(subregulation 2 (1), definition of CASA system of certification of completion of maintenance)

Schedule 2 Amendments of Civil Aviation Safety Regulations 1998

(regulation 4)

Part 1 Amendments relating to regulatory administrative procedures

[1] Guide, paragraphs 52 and 53, including the heading

substitute

Incorporated manuals

52. Many Parts of CASR are supported by a Manual of Standards that contains detailed technical material, such as technical specifications and standards. The text of a Manual is often incorporated in CASR by reference. There will usually be a definition of ‘Manual’, ‘Manual of Standards’ or ‘MOS’ (probably followed by a reference to a Part of CASR), which will say something like:

‘For this Part (that is, Part of the Regulations):

‘MOS Part 43 means the document called Manual of Standards — Part 43, published by CASA, as in force from time to time’.

Note that for a particular Part of CASR, only part of the Manual may be incorporated, and that part of the relevant Manual is what ‘Manual’ or ‘MOS’ will mean for that Part.

53. A Manual may be amended from time to time, but the amendments will be done in a similar way to amendments to CASR or CAR (for the procedure, see paragraphs 79 to 91A of this Guide).

[2] Guide, paragraph 79

substitute

79. This section sets out how you can ask CASA for a change to CASR or CAR or a Manual incorporated by reference in CASR, and what CASA will do in processing your request.

[3] Guide, paragraphs 83 to 91

substitute

83. Before taking any action, CASA will consider any comments received about the subject of your request, and will tell you whether they propose to go ahead with a change or not, and the reasons for the decision.

84. The next stage is formulation of the draft proposal and public consultation on it. CASA is required by section 16 of the Civil Aviation Act 1988 to consult with ‘government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry)’.

85. The basic procedure for consultation on a proposed legislative change is as follows:

CASA publishes a notice of its intention to make a rule, and the availability of the proposed rule, in a national newspaper and on its website
the actual rulemaking proposal is released publicly as a Notice of Proposed Rule Making (NPRM), which sets out the proposed change and supporting information
anybody interested has a reasonable time (normally 8 weeks) to comment.

The procedure for consultation on a change to a manual is similar except that the formal notice is called a Notice of Proposed Change (NPC).

86. An NPRM will include the actual text of the proposed legislative change, as drafted by the Office of Legislative Drafting of the Commonwealth Attorney-General’s Department. The NPRM will also include:

an introductory statement (‘Foreword’) extending an invitation to comment on the proposal
background information, including a description of the problem addressed and why rule-making is necessary
the objectives of the proposed rule
the options that were considered and the constraints making them viable or not
an impact analysis setting out the advantages and disadvantages of those options, and a description of the subjects and issues involved
a Guide on how to comment (including addresses).

It may also include copies of proposed supporting material such as the relevant draft Manual of Standards or guidance or advisory material. An NPC is similarly organised but the proposed change document is drafted by technical specialists from CASA’s Aviation Safety Standards Division.

87. The notice will also give the date by which comments must be submitted, and where to send comments. There will be a response sheet in the NPRM or NPC, and you are urged to use it in responding. There is also an online response system at:

http://rrp.casa.gov.au/ors.asp.

88. Requests for extension of time to comment should be sent to CASA no later than 2 days before the announced expiry time. It may not be possible in a particular case to allow an extension of time to comment. However, extensions are normally granted if you have a substantive interest in the proposed change and a good reason for the extension. Bear in mind that extending the time for comment will delay the process.

89. Anybody can make a comment on a proposed change. Comments must be in writing and should preferably be submitted on the response form.

90. CASA will register all comments made. After the time for comments (or any extension of it) expires, CASA will evaluate all the comments received, and publish a summary of those comments, CASA’s response to them, the action taken, CASA’s policy, the action being taken, the finalised draft legislation or manual change, and any associated guidance and supporting materials.

91. Finally, for changes to CASR or CAR only, the Minister for Transport and Regional Services must decide whether to recommend to the Governor-General that the proposed amending Regulations be made. If the Minister approves the proposed change, he or she submits the text of the proposed amending Regulations to the Governor-General for making as Regulations. After the proposed Regulations are made, a notice of their making is published in the Commonwealth Gazette, and copies of the official text are made available. The Regulations are also tabled in each House of the Parliament within 15 sitting days after making, and then within a further 15 sitting days any Member or Senator can move to disallow them.

91A. Authority to issue a MOS rests with the Director of Aviation Safety.

[4] After regulation 1.007

insert

1.008 Inconsistency between MOS and Act or Regulations

(1) In this regulation:

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

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

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

[5] Part 11

substitute

Part 11 Regulatory administrative procedures

Note This Part is made up as follows:

Subpart 11.A Preliminary

11.005 Applicability of this Part

11.010 What is in this Part

11.015 Definitions for Part

Subpart 11.B Applications

11.020 Effect of this Subpart

11.025 Application of this Subpart to authorised representatives

11.030 When application taken to be complete

11.035 Other things CASA can ask applicant to do — test or interview

11.040 Other things CASA can ask applicant to do — provide more information

11.045 Other things CASA can ask applicant to do — demonstrate a service or facility

11.050 Material that CASA may or must take into account

11.055 Grant of authorisation

11.060 Notice of decision

11.065 When authorisation comes into effect

11.070 Conditions of authorisations — notice to CASA of certain matters

11.080 When authorisations cease

Subpart 11.C Authorisation documents, certificates and related matters

11.090 Authorisation document — authorisations to which Chicago Convention, Annex 1 applies

11.095 Authorisation document — maintenance operation authorisations

11.100 Registration certificate (Chicago Convention, Annex 7)

11.105 Certificate of Airworthiness (Chicago Convention, Annex 8)

11.110 Authorisation document — other authorisations

11.115 Replacement documents

Subpart 11.D Variation, suspension and cancellation of authorisations at holder’s request

11.120 Applicability of this Subpart

11.125 Application of Subpart 11.B to variation of authorisation

11.130 Suspension or cancellation of authorisation at holder’s request

Subpart 11.E Time-limited authorisations

11.135 Applicability of this Subpart

11.140 Continuation of authorisation until application decided

11.145 Application of Subpart 11.B

11.150 Conditions on new authorisation

Subpart 11.F Exemptions from provisions of CASR

Division 11.F.1 Grant of standard exemptions

11.155 Applicability of this Division

11.160 What exemptions can be granted under this Division

11.165 Applications for exemptions

11.170 Consideration of applications

11.175 Renewal of exemptions under this Division

Division 11.F.2 Grant of exemptions in exceptional circumstances

11.180 Applicability of this Division

11.185 Exemptions in exceptional circumstances

11.190 Application

11.195 Consideration by CASA

Division 11.F.3 Exemptions generally

11.200 Applicability of this Division

11.205 Conditions

11.210 Offence: failure to comply with condition

11.215 Exemptions to be disallowable

11.220 Notice of grant of exemption

11.225 Publication of exemption

11.230 When exemptions cease

11.235 Exemptions not transferable

Subpart 11.G Directions

11.240 Applicability of this Subpart

11.245 CASA may issue directions

11.250 Period of effect of direction

11.255 Contravention of direction

Subpart 11.H Delegation of CASA’s powers

11.260 Delegation

Subpart 11.J Manuals of Standards — procedures

11.265 Applicability

11.270 Definition — MOS

11.275 Notice of intention to issue Manual of Standards not required in certain circumstances

11.280 Notice of intention to issue Manual of Standards

11.285 Comments on draft Manual of Standards

11.290 CASA to consider comments on draft Manual of Standards

11.295 Failure to comply with procedures not to affect validity of Manual of Standards

Subpart 11.A Preliminary

11.005 Applicability of this Part

This Part applies:

(a) to CASA in its administration of authorisations, exemptions, directions, delegations and Manuals of Standards under CASR; and

(b) generally in relation to applications for authorisations and exemptions, and conditions of authorisations and exemptions under CASR.

11.010 What is in this Part

(1) Subpart 11.A contains preliminary matters and definitions.

(2) Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations, licences, ratings, certificates, endorsements and qualifications (collectively called authorisations) granted under CASR.

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

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

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

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

(7) Subpart 11.F is about exemptions from the provisions of CASR.

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

(9) Subpart 11.H deals with delegation of CASA’s powers under CASR.

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

11.015 Definitions for Part

In this Part:

authorisation means:

(a) an authorisation, licence, certificate, rating, endorsement or qualification capable of being granted to a person by CASA under CASR; or

(b) an approval, capable of being granted to a person by CASA under CASR, to provide a service.

corporation means a legal person that is not an individual.

medical includes psychological and psychiatric.

officer, of a corporation, means:

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

(b) in the case of a corporation of any other kind:

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

(ii) an employee or staff member of the corporation; or

time-limited authorisation means:

(a) an authorisation that, under another provision of CASR, ceases after a particular period; or

(b) an authorisation granted by CASA for a specified period.

Subpart 11.B Applications

11.020 Effect of this Subpart

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

11.025 Application of this Subpart to authorised representatives

If CASR allows an application for an authorisation to be made to an authorised representative, a reference in this Subpart to CASA includes, in relation to such an application, an authorised representative to whom such an application is made.

11.030 When application taken to be complete

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

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

(b) it includes all the information required by CASR; and

(d) if a fee is payable for the application — that fee has been paid.

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

(2) If another provision of CASR requires a holder of an authorisation to have an approved or accepted manual, an application for such an authorisation is not taken to have been made until the applicant gives to CASA a copy of a draft of an appropriate manual.

11.035 Other things CASA can ask applicant to do — test or interview

(1) In this regulation:

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

(2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter or matters referred to in paragraph 11.055 (1) (a), (b), (c) or (d), CASA may by written notice ask the applicant to:

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

(b) come to a specified CASA office at a specified time to be interviewed.

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

(4) In the case of an applicant that is a corporation, CASA may by written notice ask the applicant to have a specified officer or officers of the applicant do anything mentioned in paragraph (2) (a) or (b).

(5) CASA must give to the applicant a copy of the record of any test (including the testing officer’s assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (4).

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

11.040 Other things CASA can ask applicant to do — provide more information

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

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

11.045 Other things CASA can ask applicant to do — demonstrate a service or facility

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

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

(b) to demonstrate the operation of a facility to be used in the course of providing the service; or

11.050 Material that CASA may or must take into account

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

(a) anything in the application or in any other document submitted by the applicant; and

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

(d) the results of any demonstration or inspection under regulation 11.045.

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

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

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

(3) If the applicant makes such a submission within the specified time, CASA must take the submission into account.

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

(a) the fact of the cancellation; and

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

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

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

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

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

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

11.055 Grant of authorisation

(1) Subject to section 30A and paragraphs 30DY (2) (b), 30DZ (2) (b) and 30EC (2) (b) of the Act, if a person has applied for the grant of an authorisation in accordance with CASR, CASA must grant the authorisation if:

(a) the person meets the criteria specified in CASR for the grant of the authorisation; and

(b) any other requirements in relation to the person specified in CASR for the grant of the authorisation are met; and

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

Note Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order has the effect that the person may not hold a civil aviation authorisation to undertake the activity while the order is in force.

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

(a) having any qualifications required by or under CASR for the grant of the authorisation; and

(b) having any experience required by or under CASR for that grant; and

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

(e) if a standard of medical fitness is required by or under CASR for that grant:

(i) having attained that standard; and

(ii) having been granted any medical certificate required; and

(f) if particular attributes of character are required by or under CASR for that grant — having those attributes; and

(g) if a standard of proficiency in an activity is required by or under CASR for that grant — meeting that standard of proficiency.

(3) If CASR limits in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.

(4) In deciding whether granting an authorisation to an applicant would be likely to have an adverse effect on the safety of air navigation, CASA may take into account:

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

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

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

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

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

(g) any evidence held by CASA that the applicant has contravened:

(i) the Act, CASR or CAR; or

(ii) a law of another country relating to aviation safety; or

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

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

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

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

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

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

(8) CASA may grant an authorisation subject to:

(a) any conditions applicable to the authorisation under CASR; and

(b) any other condition necessary in the interests of the safety of air navigation.

Note 1 The Act directly authorises the imposition of conditions on an AOC (Act, sections 28BA and 28BB).

Note 2 The conditions applicable to an authorisation may be set out in a document called an Operational Specification that forms part of the authorisation document.

11.060 Notice of decision

(1) After making a decision on an application, CASA must:

(a) if the decision was to grant the authorisation applied for, and not to impose any condition not sought by the applicant:

(i) send or give to the applicant a document that is evidence that the applicant holds the authorisation; or

(ii) if there is no such document, tell the applicant in writing that the applicant has been approved; or

(b) if the decision was to refuse to grant the authorisation, or to impose a condition not sought by the applicant — tell the applicant in writing, as soon as practicable, of the decision, and the reasons for it.

Note Most decisions in relation to authorisations are reviewable by the Administrative Appeals Tribunal — see section 31 of the Act, regulation 297A of CAR and regulation 201.004. Section 27A of the Administrative Appeals Tribunal Act 1975 requires that a person affected by a reviewable decision be given notice of the existence of the right of review.

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

11.065 When authorisation comes into effect

An authorisation comes into effect:

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

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

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

11.070 Conditions of authorisations — notice to CASA of certain matters

(1) It is a condition of an authorisation that its holder tells CASA in writing of a change of any of the following kinds within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change:

(a) the holder changes his, her or its name;

(b) the holder changes any address that CASA has required to be stated in the application for the authorisation;

(c) in the case of a probity-critical authorisation — subject to Part VIIC of the Crimes Act 1914, the holder is convicted of a probity offence;

(d) in the case of a drug-critical authorisation — subject to Part VIIC of the Crimes Act 1914, the holder is convicted of a psychoactive substance offence.

Note 1 It may also be an offence for an authorisation holder to fail to tell CASA of a change of name or address — see regulations 201.005 and 201.015.

Note 2 For drug-critical authorisation, probity-critical authorisation, probity offence, and psychoactive substance offence, and the extended meaning of convicted, see the Dictionary.

(2) It is a condition of an authorisation upon which is noted the nationality of its holder that the holder tells CASA in writing of a change of his or her nationality within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change.

Note The holder’s nationality is noted on a flight crew licence and an AME licence. This requirement is imposed by ICAO. It may also be an offence for the holder to fail to tell CASA of the change — see regulation 201.010.

(3) It is a condition of an authorisation used in connection with an aviation-related activity of a business that its holder tells CASA in writing of a change of any of the following kinds within 14 days (or any other period allowed, in relation to a particular kind of authorisation, by another provision of CASR) after the change:

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

(b) the holder ceases to be entitled to occupy the premises from which the holder carries on the business;

(d) if the holder is an individual, the holder:

(i) is declared bankrupt, enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966 or applies to take the benefit of any other law for the protection of debtors; or

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

(e) if the holder is a member of a partnership, an event mentioned in subparagraph (d) (i) or (ii) happens to any of the members;

(f) if the holder is a corporation:

(i) the holder becomes an externally-administered body corporate (within the meaning given by section 9 of the Corporations Act 2001) or applies to take the benefit of any other law for the protection of insolvent corporations; or

(ii) an event mentioned in subparagraph (d) (i) or (ii) happens to any of the holder’s key personnel.

Note It may also be an offence for an authorisation holder to fail to tell CASA of a change of name or address — see regulations 201.005 and 201.015.

(4) It is a condition of an authorisation held by an individual that its holder’s personal representative tells CASA in writing within a reasonable period if the holder dies.

(5) It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members tells CASA in writing within a reasonable period.

(6) It is a condition of an authorisation held by a corporation that, if the holder is placed in liquidation, the liquidator tells CASA in writing within 14 days.

(7) It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member tells CASA in writing within 14 days.

Note Regulation number 11.075 is reserved for future use.

11.080 When authorisations cease

(1) An authorisation held by an individual ceases if the holder dies.

(2) An authorisation held by a corporation ceases if the corporation is dissolved.

Subpart 11.C Authorisation documents, certificates and related matters

11.090 Authorisation document — authorisations to which Chicago Convention, Annex 1 applies

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

(2) CASA must issue to the holder of such an authorisation a document that complies with Chapter 5 of that Annex.

11.095 Authorisation document — maintenance operation authorisations

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

(2) CASA must issue to the holder of such an authorisation a document that complies with paragraph 8.7.1.2 of that Annex.

11.100 Registration certificate (Chicago Convention, Annex 7)

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

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

11.105 Certificate of Airworthiness (Chicago Convention, Annex 8)

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

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

11.110 Authorisation document — other authorisations

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

(2) CASA must issue to the holder of such an authorisation a document that sets out:

(a) what the authorisation is; and

(b) any conditions applicable to it; and

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

(d) any other information CASA thinks should be included.

11.115 Replacement documents

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

(a) that contains anything that is not, or is no longer, correct; or

(b) from which anything has been omitted; or

Subpart 11.D Variation, suspension and cancellation of authorisations at holder’s request

11.120 Applicability of this Subpart

(1) This Subpart applies in relation to the variation of an authorisation (including imposing, removing or varying a condition applicable to the authorisation) at the request of the holder.

(2) This Subpart also applies in relation to suspension or cancellation of an authorisation at the request of the holder.

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

11.125 Application of Subpart 11.B to variation of authorisation

(1) Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an authorisation.

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

(3) If CASR allows an application for an authorisation to be made to an authorised representative, a reference in Subpart 11.B (as applied by this Subpart) to CASA includes, in relation to such an application, an authorised representative to whom such an application is made.

11.130 Suspension or cancellation of authorisation at holder’s request

(1) CASA must suspend or cancel an authorisation, by written notice to the holder, if the holder asks CASA to suspend or cancel the authorisation.

(2) Suspension or cancellation under this Subpart has effect:

(a) at the time the holder specifies as the time for the suspension or cancellation to have effect; or

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

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

(a) at the time, if any, that the holder specifies as the time that the suspension is to cease to have effect; or

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

Note See Part 13 in relation to suspension or cancellation of an authorisation otherwise than at the holder’s request.

Subpart 11.E Time-limited authorisations

11.135 Applicability of this Subpart

This Subpart applies in relation to time-limited authorisations.

11.140 Continuation of authorisation until application decided

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

(a) at least:

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

(ii) in any other case, 21 days;

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

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

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

(a) the applicant has given to CASA the necessary application, in the form required by CASR; and

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

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

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

(a) CASA makes a decision on the application; and

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

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

11.145 Application of Subpart 11.B

(1) Subpart 11.B applies to an application referred to in paragraph 11.140 (1) (a).

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

(3) If CASR allows an application for an authorisation to be made to an authorised representative, a reference in Subpart 11.B or this Subpart to CASA includes, in relation to an application referred to in paragraph 11.140 (1) (a), an authorised representative to whom such an application is made.

11.150 Conditions on new authorisation

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

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

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

Subpart 11.F Exemptions from provisions of CASR

Division 11.F.1 Grant of standard exemptions

11.155 Applicability of this Division

This Division applies to the granting of exemptions, for particular purposes, from particular requirements of CASR.

Note Division 11.F.2 provides separately for exemptions in exceptional circumstances such as natural disasters.

11.160 What exemptions can be granted under this Division

(1) CASA may, by instrument, grant an exemption under this Division from compliance with a provision of CASR.

(2) CASA may grant an exemption under this Division to a person, or to a class of person, and may specify the class by reference to membership of a specified body or any other characteristic.

(3) CASA may grant an exemption under this Division either on application or on its own initiative.

11.165 Applications for exemptions

(1) A person may apply to CASA, in accordance with this regulation, for an exemption under this Division.

(2) The application must be in writing.

(3) The application must set out:

(a) the applicant’s name and address; and

(b) details of any relevant authorisation; and

(d) details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and

(e) if the exemption will affect a particular kind of operation, the kind of operation; and

(f) the reasons why the exemption is necessary; and

(g) details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and

(h) the date on which the applicant requires the exemption to commence; and

(i) how long the applicant requires the exemption to remain in effect.

(4) Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence.

11.170 Consideration of applications

(1) Regulations 11.035 to 11.050 apply in relation to an application under this Division.

(2) For that application, a reference to an authorisation is taken to be a reference to an exemption.

(3) In making its decision, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount.

11.175 Renewal of exemptions under this Division

(1) CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person:

(a) applies, in accordance with regulation 11.165, for the new exemption; and

(b) includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary.

(2) Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1).

(3) For that application, a reference to an authorisation is taken to be a reference to an exemption.

(4) In making its decision, CASA must:

(a) take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and

(b) regard the preservation of a level of aviation safety that is at least acceptable as paramount.

Division 11.F.2 Grant of exemptions in exceptional circumstances

11.180 Applicability of this Division

This Division applies in relation to the granting of exemptions in certain exceptional circumstances.

11.185 Exemptions in exceptional circumstances

(1) In exceptional circumstances, CASA may, on its own initiative or on application, by instrument grant an exemption from any provision of CASR.

(2) In subregulation (1):

exceptional circumstances means the circumstances of a major natural disaster, or some other large-scale emergency, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with CASR.

Example

Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible.

(3) To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared.

11.190 Application

An application for an exemption under this Division may be made in any way that is reasonable in the circumstances.

11.195 Consideration by CASA

In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances.

Division 11.F.3 Exemptions generally

11.200 Applicability of this Division

This Division applies in relation to all exemptions under this Subpart.

11.205 Conditions

(1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation.

(2) The condition must be set out in the instrument of exemption.

11.210 Offence: failure to comply with condition

(1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation.

Penalty: 50 penalty units.

(2) A contravention of subregulation (1) is an offence of strict liability.

11.215 Exemptions to be disallowable

An instrument granting an exemption under this Subpart is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.

11.220 Notice of grant of exemption

(1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of:

(a) its decision; and

(b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant — the reasons for the decision.

Note Notification of the granting of an exemption must also be published in the Gazette. The instrument must also be tabled in both Houses of the Parliament within 15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation Act 1901.

(2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.

11.225 Publication of exemption

CASA must, as soon as practicable, publish on the World Wide Web details (including any condition) of an exemption under this Subpart.

Note 1 The URL for CASA’s web site is http://www.casa.gov.au.

Note 2 Notification of the granting of an exemption must also be published in the Gazette. The instrument must also be tabled in both Houses of the Parliament within 15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation Act 1901.

11.230 When exemptions cease

(1) An exemption under Division 11.F.1 ceases:

(a) at the end of the day (no longer than 2 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

(b) if no day is specified for that purpose in the instrument — 2 years after it commences.

(2) An exemption under Division 11.F.2 ceases:

(a) at the end of the day (no longer than 6 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or

(b) if no day is specified for that purpose in the instrument — 6 months after it commences.

(3) If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person.

Note An exemption is a disallowable instrument and therefore commences in accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See generally section 48 of that Act.

11.235 Exemptions not transferable

An exemption under this Subpart is not transferable.

Subpart 11.G Directions

11.240 Applicability of this Subpart

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

11.245 CASA may issue directions

(1) CASA may issue, by instrument, a direction about any matter affecting the safe navigation and operation, or the maintenance, of aircraft.

Note 1 A direction is a disallowable instrument — see subsections 98 (5A) and (5B) of the Act and section 46A of the Acts Interpretation Act 1901. The making of a direction must be notified in the Gazette.

Note 2 The power to issue a direction must be exercised by the Director personally — see subregulation 11.260 (2).

Note 3 See also Part 39 in relation to CASA’s powers to issue Airworthiness Directives.

(2) However, CASA may issue such a direction:

(a) only if it is reasonably necessary to do so in the interests of the safe navigation and operation, or the maintenance, of aircraft; and

(b) only if the direction is not inconsistent with the Act; and

Note CASA’s functions are set out in section 9 of the Act.

11.250 Period of effect of direction

A direction ceases to be in force:

(a) if it specifies a day (not longer than 1 year after the day on which it commences) on which it ceases to be in force — on the specified day; or

(b) if it does not specify a day for that purpose — 1 year after the day it commences.

Note A direction is a disallowable instrument and therefore commences in accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See generally section 48 of that Act.

11.255 Contravention of direction

(1) A person must not contravene a direction that is applicable to the person.

Penalty: 50 penalty units.

(2) A contravention of subregulation (1) is an offence of strict liability.

Subpart 11.H Delegation of CASA’s powers

11.260 Delegation

(1) The Director may, by instrument, delegate to a person CASA’s powers and functions under CASR.

(2) However, the following powers of CASA must be exercised by the Director personally:

(a) the power to issue a direction under Subpart 11.G;

(b) the power to issue a type acceptance certificate subject to a condition under subregulation 21.029B (2);

(d) the power to suspend or cancel a type acceptance certificate under subregulation 21.051 (4).

(3) A delegation may be subject to conditions stated in the instrument of delegation.

(4) A delegate is subject to any written direction of the Director in the exercise of a power, or the performance of a function, delegated under subregulation (1).

Subpart 11.J Manuals of Standards — procedures

11.265 Applicability

(1) This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards.

(2) The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as to the issue of a MOS.

(3) This Subpart applies whether or not the relevant MOS is a disallowable instrument.

Note 1 Manuals of Standards are documents which support CASR by providing detailed technical material, such as technical specifications or standards. See generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.

Note 2 Manuals of Standards for Parts 65, 143, 171 and 172, and Subpart 139.H, of CASR are disallowable instruments.

11.270 Definition — MOS

In this Subpart:

MOS means Manual of Standards.

11.275 Notice of intention to issue Manuals of Standards not required in certain circumstances

(1) CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that:

(a) it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or

(b) the MOS is required to give effect to a specific undertaking given by the Minister; or

(c) the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or

(d) the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or

(e) following the procedures would endanger aviation security or be otherwise contrary to the public interest.

(2) If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the World Wide Web within 28 days after the determination is made.

Note The URL for CASA’s web site is http://www.casa.gov.au.

(3) If CASA issues a MOS on the basis of a determination under paragraph (1) (a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the World Wide Web a notice about the MOS giving the information set out in paragraphs 11.280 (2) (a) to (d).

Note Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

(4) Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS.

11.280 Notice of intention to issue Manuals of Standards

(1) If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the World Wide Web.

Note 1 The URL for CASA’s web site is http://www.casa.gov.au.

Note 2 Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services.

(2) A notice must include the following information about the draft MOS:

(a) its title and a description of its contents;

(b) how to obtain a copy of it;

(d) how comments are to be made and lodged.

(3) For paragraph (2) (c), the period must be reasonable in the circumstances but not less than 28 days.

11.285 Comments on draft Manuals of Standards

A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS.

11.290 CASA to consider comments on draft Manuals of Standards

Before issuing a MOS, CASA:

(a) must consider any comments it has received on the draft MOS; and

(b) may consult with any person on issues arising out of the comments.

11.295 Failure to comply with procedures not to affect validity of Manuals of Standards

(1) A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS.

(2) However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275 (1) (a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280.

(3) Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS.

[6] Regulation 21.002E, heading

substitute

21.002E Cancellation of certain certificates

[7] Subregulation 21.002E (1)

omit

[8] Subregulation 21.002E (2)

omit

under this regulation,

insert

under regulation 11.130,

[9] Subregulation 21.002E (4)

omit

[10] Regulation 65.033

omit

CASA may issue

insert

(1) CASA may issue

[11] Regulation 65.033

after the note, insert

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.

Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

[12] Regulations 65.033A to 65.033H

omit

[13] Regulation 139.712

omit

CASA may issue

insert

(1) CASA may issue

[14] Regulation 139.712

after the note, insert

(2) CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ARFFS provider.

Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

[15] Regulations 139.712A to 139.712H

omit

[16] Regulation 143.017

omit

CASA may issue

insert

(1) CASA may issue

[17] Regulation 143.017

after the note, insert

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS training provider.

Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

[18] Regulations 143.017A to 143.017H

omit

[19] Regulation 171.017

omit

CASA may issue

insert

(1) CASA may issue

[20] Regulation 171.017

after the note, insert

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each service provider.

Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

[21] Regulations 171.017A to 171.017H

omit

[22] Regulation 172.022

omit

CASA may issue

insert

(1) CASA may issue

[23] Regulation 172.022

after the note, insert

(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.

Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.

[24] Regulations 172.022A to 172.022H

omit

[25] Regulation 201.002

omit

[26] After regulation 201.004

insert

201.005 Notice of change of name or trading name

(1) In this regulation:

authorisation has the same meaning as in Part 11.

(2) A person is guilty of an offence if the person:

(a) is the holder of an authorisation; and

(b) changes his, her or its name; and

Penalty: 5 penalty units.

Note Giving notice of a change of name is also a condition of the authorisation — see regulation 11.070.

(3) A person is guilty of an offence if the person:

(a) is the holder of an authorisation; and

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

(c) carries on the business under a name that is registered as a trading or business name under the law of a State or Territory; and

(d) changes that name, ceases to use that name, or begins to use another name; and

(e) does not tell CASA in writing of the change within 14 days.

Penalty: 5 penalty units.

(4) Strict liability applies to paragraphs (2) (c) and (3) (e).

201.010 Notice of change of nationality

(1) In this regulation:

authorisation has the same meaning as in Part 11.

(2) A person is guilty of an offence if the person:

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

(b) changes his or her nationality; and

Penalty: 5 penalty units.

Note Giving notice of a change of nationality is also a condition of the authorisation — see regulation 11.070.

(3) Strict liability applies to paragraph (2) (c).

201.015 Notice of change of address etc

(1) In this regulation:

authorisation has the same meaning as in Part 11.

(2) A person is guilty of an offence if:

(a) the person is the holder of an authorisation; and

(b) the person changes:

(i) in the case of a holder who is an individual — his or her residential address; or

(ii) in the case of a holder that is a corporation — the address of its registered office; or

(iii) if the holder has told CASA of an address to which notices may be sent — that address; and

Penalty: 5 penalty units.

Note Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.

(3) A person is guilty of an offence if:

(a) the person is the holder of an authorisation; and

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

(i) in the case of a holder that is a corporation — the address of its registered office; or

(ii) his or her place of business; and

(d) the person does not tell CASA in writing of the change within 7 days.

Penalty: 5 penalty units.

Note Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.

(4) Strict liability applies to paragraphs (2) (c) and (3) (d).

201.020 Service of documents

Service may be effected on CASA at its principal office at:

CASA Building

Corner Northbourne Avenue and Barry Drive

Canberra City, Australian Capital Territory.

[27] Subpart 202.AD

substitute

Subpart 202.AD Transitional provisions for Part 11 (Regulatory administrative procedures)

202.010 Continuation of certain existing delegations

(1) Despite any amendment of regulation 7 of CAR that has the effect of preventing any delegation under it of a power or function under CASR, a delegation, under that regulation, of such a power or function continues to have effect according to its terms (including any condition imposed on such a delegation).

(2) Despite any repeal of regulation 201.002, a delegation made under that regulation continues to have effect according to its terms (including any condition imposed on such a delegation).

(3) A delegation referred to in subregulation (1) or (2) continues to be subject to any direction given by the Director under subregulation 7 (3) of CAR, or subregulation 201.002 (3), as the case may be.

(4) Subregulation (1) does not prevent the revocation of a delegation referred to in that subregulation.

(5) Subregulation (2) does not prevent the revocation of a delegation referred to in that subregulation.

202.011 Continuation of certain exemptions

(1) Despite anything in Subpart 11.F, an exemption from compliance with a provision of CASR issued under regulation 308 of CAR continues to have effect according to its terms.

(2) Such an exemption may be revoked under regulation 308 as if that regulation continued to permit it to be made.

202.012 Consultation on certain Manuals of Standards

(1) In this regulation:

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

(2) If before this regulation commenced CASA had undertaken consultation on a MOS, being consultation that would have satisfied the requirements of Subpart 11.J if that Subpart had been in force, that Subpart does not require CASA to repeat that consultation.

[28] Subregulation 202.320 (2)

after

regulations 65.033A, 65.033B and 65.033C

insert

(as in force on 1 May 2003)

[29] Subregulation 202.710 (2)

after

regulations 139.712A, 139.712B and 139.712C

insert

(as in force on 1 May 2003)

[30] Subregulation 202.760 (2)

after

regulations 143.017A, 143.017B and 143.017C

insert

(as in force on 1 May 2003)

[31] Subregulation 202.880 (2)

after

regulations 171.017A, 171.017B and 171.017C

insert

(as in force on 1 May 2003)

[32] Subregulation 202.900 (2)

after

regulations 172.022A, 172.022B and 172.022C

insert

(as in force on 1 May 2003)

[33] Dictionary, Part 1

insert the following definitions in the appropriate alphabetical positions (determined on a letter-by-letter basis)

charged with an offence — see clause 25 of Part 2 of this Dictionary.

convicted of an offence — see clause 35 of Part 2 of this Dictionary.

drug-critical authorisation means an authorisation that is declared by another provision of these Regulations to be a drug‑critical authorisation.

expiation notice, in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution.

probity-critical authorisation means an authorisation that is declared by another provision of these Regulations to be a probity-critical authorisation.

probity offence means an offence the substance of which is:

(a) the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or

(b) the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code) of a person exercising an official function during the performance of that function; or

whether under the law of the Commonwealth, a State, a Territory or another country.

psychoactive substance — see clause 60 of Part 2 of this Dictionary.

psychoactive substance offence means an offence:

(a) of which an element is the possession, use or excessive use of a psychoactive substance; or

(b) of which the substance is importing, or trafficking in, a psychoactive substance; or

(d) of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or

(e) the substance of which is refusal to provide a blood, breath or urine sample for analysis; or

(f) of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e).

Note Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine, or caffeine-containing confectionery — see Part 2 of this Dictionary.

[34] Dictionary, Part 2

substitute

Part 2 Interpretation of certain expressions not defined in Part 1

25 Extended meaning of charged with in relation to certain offences

(1) In these Regulations:

charged with has, in addition to its ordinary meaning, the meaning given by subclause (2).

(2) For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if:

(a) a law provides for the issue, in relation to the offence, of an expiation notice; and

(b) such a notice is issued to the person in relation to the offence.

35 Extended meaning of convicted

(1) In these Regulations:

convicted has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).

(2) For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:

(a) the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or

(b) the person has been found guilty of the offence but discharged without conviction.

(3) In addition, a person is taken to have been convicted of a psychoactive substance offence if:

(a) a law provides for the issue, in relation to the offence, of an expiation notice; and

(b) such a notice was issued to the person in relation to the offence; and

(4) However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.

60 Meaning of psychoactive substance

(1) In these Regulations:

psychoactive substance has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.

Note The definition in that Annex is:

Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.

(2) To avoid doubt, in these Regulations:

psychoactive substance:

(a) includes:

(i) a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and

(ii) a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but

(b) does not include:

(i) tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine or guarana; or

(ii) confectionery containing caffeine or guarana.

(3) In paragraph (a) of the definition of psychoactive substance in subclause (2):

therapeutic substance means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989.

Part 2 Amendments relating to ‘internal tables of provisions’

[35] Guide, paragraph 57

substitute

57. Each Part also contains a table of the Subparts, Divisions and regulations in the Part. That table is in the form of a note immediately after the Part heading.

[36] Part 1, after the heading

insert

Note This Part is made up as follows:

1.001 Name of Regulations

1.003 Harmonisation with FARs

1.004 Dictionary

1.005 Appendixes

1.006 Status of lists of contents of Parts

1.007 Status of notes

1.008 Inconsistency between MOS and Act or Regulations

[37] Regulation 1.000

omit

[38] Regulation 1.006

substitute

1.006 Status of lists of contents of Parts

(1) A Part of these Regulations may contain a list of the Subparts, Divisions and regulations in the Part, headed ‘Note This Part is made up as follows:’.

(2) Such a list is not part of these Regulations, but is for convenience of reference only.

(3) Such a list may be added to or edited in any published version of these Regulations.

[39] Part 21, after the heading

insert

Note This Part is made up as follows:

Subpart 21.A General

21.001 Applicability

21.001A Definition for Subpart

21.002A Requests for information

21.002B Applicants to be told about decisions

21.002C Suspension or cancellation of an instrument

21.002D Show cause notices

21.002E Cancellation of certain certificates

21.003 Reporting failures, malfunctions, and defects

21.005 Aeroplane or rotorcraft flight manual

Subpart 21.B Type certificates and type acceptance certificates

21.011 Applicability

21.012 Recognised foreign countries

21.013 Eligibility

21.013A Issue of type certificate

21.014 Recognition of foreign certification

21.015 Application for type certificate

21.016 Special standards and other conditions on type certificates

21.017 Designation of applicable airworthiness standards

21.019 Changes requiring a new type certificate

21.021 Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

21.024 Type certificate: primary category aircraft

21.025 Issue of type certificate: restricted category aircraft

21.026 Type certificate: intermediate category aircraft

21.027 Type certificate: surplus aircraft of the Armed Forces

21.029 Type certificate for imported aircraft, aircraft engines or propellers not type certificated by NAA of recognised country

21.029A Type acceptance certificate for imported aircraft certificated by NAA of recognised country

21.029B Issue of type acceptance certificates subject to conditions

21.029C Refusal to issue type acceptance certificate

21.031 Type design — meaning

21.033 Inspection and tests

21.035 Flight tests

21.037 Flight test pilot

21.039 Flight test instrument calibration and correction report

21.041 Type certificate — meaning

21.043 Location of manufacturing facilities

21.047 Transferability

21.049 Availability

21.050 Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections

21.051 Type certificates and type acceptance certificates — duration and suspension or cancellation

21.053 Statement of conformity

Subpart 21.C Provisional type certificates

21.071 Applicability

21.073 Eligibility

21.075 Application

21.076 Issue of provisional type certificate

21.077 Duration

21.078 Suspension and cancellation

21.079 Transferability

21.081 Requirements for issue and amendment of Class I provisional type certificates

21.083 Requirements for issue and amendment of Class II provisional type certificates

21.085 Provisional amendments to type certificates

Subpart 21.D Changes to type certificates

21.091 Applicability

21.093 Classification of changes in type design

21.095 Approval of minor changes in type design

21.097 Eligibility for approval of major changes in type design

21.098 Issue of approval of major change in type design

21.099 Required design changes

21.101 Designation of applicable regulations

Subpart 21.E Supplemental type certificates

21.111 Applicability

21.113 Eligibility for supplemental type certificate

21.113A Issue of supplemental type certificate

21.114 Foreign supplemental type certificates

21.115 Applicable requirements

21.117 Entitlement to supplemental type certificates

21.118 Duration, suspension and cancellation of supplemental type certificates

21.119 Duration, suspension and cancellation of foreign supplemental type certificates

Subpart 21.F Production under type certificate only

21.121 Applicability

21.123 Production under type certificate

21.125 Production inspection system: Materials Review Board

21.127 Tests: aircraft

21.128 Tests: aircraft engines

21.129 Tests: variable pitch propellers

21.130 Statement of conformity

21.130A Records to be kept by manufacturer

Subpart 21.G Production certificates

21.131 Applicability

21.132 Definitions for Subpart 21.G

21.132A Product design

21.133 Eligibility

21.134 Issue of production certificate

21.135 Requirements for entitlement

21.137 Location of manufacturing facilities

21.139 Quality system

21.143 Quality system data requirements: prime manufacturer

21.144 Production inspection system

21.145 Materials Review Board

21.147 Changes in quality system

21.149 Multiple products

21.151 Production limitation record

21.153 Amendment of production certificate

21.155 Transferability

21.157 Inspections and tests

21.159 Duration

21.161 Display

21.163 Privileges

21.165 Responsibility of holder of production certificate

21.166 Records to be kept by holder of production certificate

Subpart 21.H Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

21.171 Applicability

21.173 Eligibility

21.175 Certificates of airworthiness: classification

21.176 Issue of certain certificates of airworthiness

21.179 Transferability

21.181 Duration of certain certificates of airworthiness

21.182 Aircraft manufacturer’s data plate

21.183 Standard certificates of airworthiness

21.184 Special certificates of airworthiness for primary category aircraft

21.184A Special certificates of airworthiness for intermediate category aircraft

21.185 Certificates of airworthiness for restricted category aircraft

21.187 Multiple-category airworthiness certification

21.189 Special certificate of airworthiness for limited category aircraft

21.190 Special certificates of airworthiness — amateur-built category aircraft accepted under an ABAA

21.191 Experimental certificates

21.192 Experimental certificates: eligibility

21.193 Experimental certificates: general

21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training

21.195A Issue of experimental certificates

21.195B Duration of experimental certificates

21.196 Special flight permits: eligibility

21.197 Special flight permits

21.199 Applications for special flight permits

21.200 Issue of special flight permits

21.201 Duration of special flight permits

Subpart 21.I Provisional certificates of airworthiness

21.211 Applicability

21.213 Eligibility

21.215 Application

21.216 Issue of provisional certificates of airworthiness

21.217 Duration

21.219 Transferability

21.221 Class I provisional certificates of airworthiness

21.223 Class II provisional certificates of airworthiness

21.225 Provisional certificates of airworthiness corresponding with provisional amendments to type certificates

Subpart 21.J Delegation option authorisation procedures

21.231 Applicability

21.235 Application

21.239 Eligibility

21.243 Duration

21.245 Maintenance of eligibility

21.247 Transferability

21.249 Inspections

21.251 Use of delegation option authorisation

21.253 Type certificates: application

21.257 Type certificates: issue

21.261 Equivalent safety provisions

21.267 Production certificates

21.269 Export airworthiness approvals

21.271 Authorised release certificates — criteria for issue

21.273 Certificates of airworthiness

21.275 Experimental certificates

21.277 Data review and service experience

21.289 Major repairs, rebuilding and alteration

21.293 Records to be kept by a manufacturer under a delegation option authorisation

Subpart 21.K Approval of materials, parts, processes and appliances

21.301 Applicability

21.303 Replacement and modification parts

21.304 Conditions of an APMA

21.304A Changes to an APMA

21.305 Approval of materials, parts, processes and appliances

21.305A Approval of materials, parts, processes and appliances not covered by regulation 21.305

21.306 Use of standard parts and materials

Subpart 21.L Export airworthiness approvals

21.321 Applicability

21.323 Eligibility

21.324 Issue of export airworthiness approvals

21.325 Export airworthiness approvals

21.327 Application

21.329 Issue of export airworthiness approvals for Class I products

21.331 Issue of airworthiness approvals for Class II products

21.333 Issue of export airworthiness approvals for Class III products

21.337 Performance of inspections and overhauls

21.339 Export airworthiness approval for aircraft

Subpart 21.N Approval of engines, propellers, materials, parts and appliances: imported

21.500 Approval of imported aircraft engines and propellers

21.500A Approval of other imported aircraft engines and propellers

21.502 Approval of imported materials, parts and appliances

21.502A Approval of other imported materials, parts and appliances

Subpart 21.O Australian Technical Standard Order Authorisations

21.601 Applicability

21.603 ATSO marking and privileges

21.605 Application and issue

21.607 General rules governing holders of ATSO authorisations

21.609 Approval for deviation

21.611 Design changes

21.613 Record keeping requirements

21.615 CASA inspection

21.617 Issue of letters of ATSO design approval: import appliances

21.619 Non-compliance

21.621 Transferability and duration

Subpart 21.Q Identification of aircraft and aeronautical products

Division 21.Q.1 Preliminary

21.805 Applicability of this Subpart

21.810 Meaning of fireproof

Division 21.Q.2 Aircraft, aircraft engines and aircraft propellers

21.815 Applicability of this Division

21.820 Manufacturer’s data plate must be attached to aircraft

21.825 Manufacturer’s data plate must be attached to basket of manned free balloon

21.830 Heater assembly of manned free balloon must carry identification mark

21.835 Manufacturer’s data plate must be attached to aircraft engine

21.840 Aircraft propellers, blades and hubs must carry identification marks

Division 21.Q.3 Critical parts

21.845 Applicability of this Division

21.850 Identification of critical parts

21.855 Removal or alteration of identification on critical parts

Division 21.Q.4 Aircraft parts

21.860 Applicability of this Division

21.865 Identification of parts produced under an APMA

21.870 Identification of parts produced under an APMA if marking is impracticable

21.875 Identification of other aircraft parts

21.880 Identification of other aircraft parts — other than by marking

[40] Regulation 21.000

omit

[41] Part 22, after the heading

insert

Note This Part is made up as follows:

22.001 Airworthiness standards

22.002 Incidental provisions

22.003 Changes to JAR-22 (Sailplanes and Powered Sailplanes)

22.004 Changes to Section E of the British Civil Airworthiness Requirements

22.005 Changes to the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.006 Approvals under JAR-22 (Sailplanes and Powered Sailplanes)

22.007 Approvals under Section E of the British Civil Airworthiness Requirements

22.008 Approvals under the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.009 Approvals under OSTIV Airworthiness Standards for Sailplanes

[42] Regulation 22.000

omit

[43] Part 23, after the heading

insert

Note This Part is made up as follows:

23.001 Airworthiness standards

23.002 Incidental provisions

23.003 Changes to Part 23 of the FARs

23.004 Changes to JAR-VLA

23.005 Changes to JAR-23

23.006 Approvals under Part 23 of the FARs

23.007 Approvals under JAR-VLA

23.008 Approvals under JAR-23

[44] Regulation 23.000

omit

[45] Part 25, after the heading

insert

Note This Part is made up as follows:

Subpart 25.A General

25.001 Airworthiness standards

25.002 Incidental provisions

Subpart 25.B Changes to FARs and JAR-25

25.003 Changes to Part 25 of the FARs

25.004 Changes to JAR-25

25.005 Approvals under Part 25 of the FARs

25.006 Approvals under JAR-25

Subpart 25.C Airworthiness standards directed by ICAO

25.011 What this Subpart does

25.013 Least-risk bomb location

[46] Regulation 25.000

omit

[47] Part 26, after the heading

insert

Note This Part is made up as follows:

26.001 Airworthiness standards

26.002 Incidental provisions

[48] Regulation 26.000

omit

[49] Part 27, after the heading

insert

Note This Part is made up as follows:

27.001 Airworthiness standards

27.002 Incidental provisions

27.003 Changes to Part 27 of the FARs

27.004 Approvals under Part 27 of the FARs

[50] Regulation 27.000

omit

[51] Part 29, after the heading

insert

Note This Part is made up as follows:

29.001 Airworthiness standards

29.002 Incidental provisions

29.003 Changes to Part 29 of the FARs

29.004 Approvals under Part 29 of the FARs

[52] Regulation 29.000

omit

[53] Part 31, after the heading

insert

Note This Part is made up as follows:

31.001 Airworthiness standards

31.002 Incidental provisions

[54] Regulation 31.000

omit

[55] Part 32, after the heading

insert

Note This Part is made up as follows:

32.001 Airworthiness standards

32.002 Incidental provisions

32.003 Changes to Subpart H of JAR-22

32.004 Approvals under Subpart H of JAR-22

[56] Regulation 32.000

omit

[57] Part 33, after the heading

insert

Note This Part is made up as follows:

33.001 Airworthiness standards

33.002 Incidental provisions

33.003 Changes to Part 33 of the FARs

33.004 Approvals under Part 33 of the FARs

[58] Regulation 33.000

omit

[59] Part 35, after the heading

insert

Note This Part is made up as follows:

35.001 Airworthiness standards

35.002 Incidental provisions

35.003 Changes to Part 35 of the FARs

35.004 Approvals under Part 35 of the FARs

[60] Regulation 35.000

omit

[61] Part 39, after the heading

insert

Note This Part is made up as follows:

39.001 CASA may issue airworthiness directives

39.002 Aircraft etc covered by AD

39.003 Australian aircraft covered by AD etc not to be operated

39.004 Aircraft etc excluded from operation of AD on adoption of alternative method for correcting unsafe condition

39.005 Aircraft etc excluded from operation of AD because unsafe condition has ceased to exist

39.006 Request for review of operation of AD

39.007 Action to be taken by CASA on receiving request under regulation 39.6

[62] Regulation 39.000

omit

[63] Part 45, after the heading

insert

Note This Part is made up as follows:

Subpart 45.A General

45.005 Applicability of this Part

Subpart 45.B Australian nationality and registration markings

Division 45.B.1 General rules

45.010 Applicability of this Subpart

45.015 Australian nationality mark

45.020 Registration mark

45.025 Meaning of markings and set of markings

45.030 Meaning of character

45.035 Requirement for aircraft to bear its markings

45.040 Markings not to be obscured

45.045 Number and location of sets of markings — fixed-wing aircraft

45.050 Number and location of sets of markings — rotorcraft

45.055 Number and location of sets of markings — airships

45.060 Number and location of sets of markings — manned free balloons

45.065 Minimum height of characters

45.070 Minimum width of characters

45.075 Size of hyphens

45.080 Minimum spacing of characters

45.085 How markings to be marked on aircraft

45.090 No confusing markings to be on aircraft

Division 45.B.2 Exemptions from general rules

45.095 Exhibition aircraft

45.100 Antique, experimental and ex-military aircraft

45.105 Aircraft with special configuration

45.110 Australian aircraft used by Defence Force

Division 45.B.3 Removal of markings

45.115 Removal of markings from sold aircraft

Subpart 45.C Certain aircraft to bear words

45.120 Applicability of this Subpart

45.125 Requirement to bear certain words

45.130 Exemption for exhibition aircraft

Subpart 45.D Aircraft registration identification plates

45.135 Applicability of this Subpart

45.140 What an aircraft registration identification plate is

45.145 Aircraft must carry aircraft registration identification plate

45.150 How and where aircraft registration identification plate is to be attached to aircraft

45.155 Removal or alteration of aircraft registration identification plates

45.160 Attachment of aircraft registration identification plate from another aircraft

Subpart 45.E Marks on foreign registered aircraft operating in Australian territory

45.165 Applicability of this Subpart

45.170 Marks to be on foreign registered aircraft in Australian territory

[64] Regulation 45.000

omit

[65] Part 60, after the heading

insert

Note This Part is made up as follows:

Subpart 60.A Preliminary

60.005 Applicability

60.010 Definitions for Part 60

Subpart 60.B Flight simulators and flight training devices

60.015 Definitions for Subpart 60.B

60.020 Qualification levels

60.025 Application for flight simulator qualification or flight training device qualification

60.030 Initial evaluation and qualification

60.035 Issue of flight simulator qualification certificate or flight training device qualification certificate

60.040 Period of validity of flight simulator qualification or flight training device qualification

60.045 Recurrent evaluation of qualified flight simulator or qualified flight training device

60.050 Variation, cancellation or suspension of flight simulator qualification or flight training device qualification

60.055 Flight simulator or flight training device approvals

60.060 Quality system

60.065 Ongoing fidelity requirements

60.070 Modification of qualified flight simulator or qualified flight training devices

60.075 Change in qualification level of qualified flight simulator or qualified flight training device

60.080 Deactivation, relocation or reactivation of qualified flight simulator or qualified flight training device

60.085 Change of operator of qualified flight simulator or qualified flight training device

60.090 Evaluation teams

60.095 Records

Subpart 60.C Basic instrument flight trainers

[66] Regulation 60.000

omit

[67] Part 65, after the heading

insert

Note This Part is made up as follows:

Subpart 65.A General

65.005 Applicability of this Part

65.010 Definitions for this Part

65.015 Meaning of successful completion of training

65.020 Effect of ATS provider’s failure to comply with this Part

65.025 How to satisfy recency requirement

65.030 How to satisfy currency requirement

65.033 Issue of Manual of Standards

Subpart 65.B Authority to act in air traffic control and flight service

65.035 Authority to carry out air traffic control function

65.040 Rules applicable when a person performs ATC function under supervision

65.045 Offences — carrying out ATC function without authority

65.050 Authority to carry out flight service function

65.055 Rules applicable when a person performs flight service function under supervision

65.060 Offences — carrying out flight service function without authority

65.065 Authority to use ground-based radio equipment

Subpart 65.C Licensing

Division 65.C.1 Air traffic controller licensing

65.070 Eligibility for grant of ATC licence

65.075 Air traffic controller ratings

65.080 Grant of rating on ATC licence

65.085 Grant of endorsement on ATC licences

65.090 ATS provider’s obligation to provide currency and recency training and assessment

65.095 Ancillary qualifications

65.100 Conduct of practical training

65.105 Conduct of examinations

65.110 Duration of ATC licence

65.115 Periods of validity of ratings and endorsements

65.120 Periods of validity of ATC qualifications

Division 65.C.2 Flight service officer licensing

65.125 Eligibility for grant of flight service licence

65.130 Flight service ratings

65.135 Maintenance of ratings on flight service licence

65.140 Endorsements on flight service licences

65.145 Ancillary qualifications

65.150 Conduct of training

65.155 Conduct of examinations

65.160 Duration of flight service licence

65.165 Periods of validity of rating and endorsement

65.170 Period of validity of flight service qualification

Subpart 65.E Administrative functions

Division 65.E.1 Grant of licences

65.175 Definitions for this Subpart

65.180 How to apply

65.185 Who to apply to

65.190 Application for licence cancelled previously

65.195 Other things CASA can ask individual applicant to do — test or interview

65.200 Other things CASA can ask applicant to do — provide more information

65.205 Statutory declarations to verify applications

65.215 Matters that CASA may or must take into account

65.220 Statutory declarations to verify statements in submissions

65.225 When CASA must grant a licence

65.230 When decision must be made

65.235 Notice of decision

65.240 When licence comes into effect

65.245 Licence document

Division 65.E.2 Ongoing proficiency and medical testing

65.250 Re-examination or re-assessment of licence or qualification holder

Division 65.E.3 Suspension and cancellation of licences

65.255 Provisional suspension of licence pending examination or assessment

65.260 Provisional suspension of licence etc during investigation

65.265 Show cause procedure

65.270 CASA’s powers in respect of licence etc

65.275 Choice between cancellation and suspension

65.280 Procedure for decision

[68] Regulation 65.000

omit

[69] Part 101, after the heading

insert

Note This Part is made up as follows:

Subpart 101.A Preliminary

101.005 Applicability of this Part

101.010 Application to rocket-powered unmanned aircraft

101.015 Application of registration and marking requirements

101.020 Exemption from certain other provisions of CAR 1988

101.025 Meaning of populous area

101.030 Approval of areas for operation of unmanned aircraft or rockets

101.035 Requirements in this Part to give information to CASA

101.040 Exemptions

101.045 Conditions imposed by CASA or another authority

Subpart 101.B General prohibition on unsafe operation

101.050 Applicability of this Subpart

101.055 Hazardous operation prohibited

Subpart 101.C Provisions applicable to unmanned aircraft generally

101.060 Applicability of this Subpart

101.065 Operation in prohibited or restricted area

101.070 Operation in controlled airspace

101.075 Operation near aerodromes

101.080 Permission for operation of unmanned aircraft near aerodrome

101.085 Maximum operating height

101.090 Dropping or discharging of things

101.095 Weather and day limitations

Subpart 101.D Tethered balloons and kites

101.100 Applicability of this Subpart

101.105 Definitions for Subpart

101.110 Tethered balloons and kites that may be operated outside approved areas

101.115 Mooring-line marking

101.120 Operation of tethered balloon or kite under cloud

101.125 Tethered balloon to be lit at night

101.130 Rapid deflation device required

101.135 What to do if tethered balloon escapes

Subpart 101.E Unmanned free balloons

101.140 Applicability of this Subpart

101.145 Definitions for Subpart — free balloons

101.150 Definition for Subpart — approved area

101.155 Releasing small balloons

101.160 Light balloons that may be released outside approved areas

101.165 Release of medium and heavy balloons outside approved areas

101.170 Medium and heavy balloons not to be flown low

101.175 Medium and heavy balloons to be flown in clear sky

101.180 How payload must be supported — medium and heavy balloons

101.185 Equipment that must be carried — medium and heavy balloons

101.190 Lighting — medium and heavy balloons

101.195 Marking — free balloons generally

101.200 Marking by day — heavy balloons

101.205 Lighting by night — heavy balloons

101.210 Obligation to stay in communication with ATC — medium and heavy balloons

101.215 Tracking of flight — medium and heavy balloons

101.220 Flight reporting — medium and heavy balloons

101.225 Ending flight and recovery — medium and heavy balloons

101.230 Direction by ATC to end flight in certain circumstances

Subpart 101.F UAVs

Division 101.F.1 General

101.235 Applicability of this Subpart

101.240 Definitions for Subpart

Division 101.F.2 Operation of UAVs generally

101.245 Operation near people

101.250 Where small UAVs may be operated

101.255 Large UAVs —requirement for certificate

101.260 Maintenance of large UAVs

101.265 Application of s 20AB of the Act to large UAVs

101.270 Requirement for UAV operator’s certificate

101.275 Approval of operation of large UAVs

101.280 UAVs not to be operated over populous areas

101.285 Use of radiotelephone

Division 101.F.3 Certification of UAV controllers

101.290 Application for certification as UAV controller

101.295 Eligibility for certification as UAV controller

101.300 Conditions on certification as UAV controller

101.305 Certification as UAV controller

101.310 How long controller’s certification remains in force

101.315 Notice to certified UAV controller to show cause

101.320 Cancellation of UAV controller’s certification

101.325 Cancellation at request of holder

Division 101.F.4 Certification as UAV operator

101.330 Application for certification as UAV operator

101.335 Eligibility for certification as UAV operator

101.340 Conditions on certification

101.345 Certification

101.350 How long operator’s certification remains in force

101.355 Certification not transferable

101.360 Notice to certified UAV operator to show cause

101.365 Cancellation of UAV operator’s certification

101.370 Cancellation at request of holder

Subpart 101.G Model aircraft

101.375 Applicability of this Subpart

101.380 Definitions for Subpart

101.385 Visibility for operation of model aircraft

101.390 Operating model aircraft at night

101.395 Keeping model aircraft away from people

101.400 Operation of model aircraft outside approved areas

101.405 Giant model aircraft

101.410 Model flying displays

Subpart 101.H Rockets

101.415 Applicability of this Subpart

101.420 Application of State and Territory laws about rockets

101.425 Definitions for Subpart

101.430 Launching rocket in or over prohibited or restricted area

101.435 Launching rockets into controlled airspace

101.440 Launching rockets near aerodromes

101.445 Getting permission for launch of rocket near aerodrome

101.450 High power rockets

101.455 Maximum operating height of rockets

101.460 Dropping or discharging of things from rockets

101.465 Weather and day limitations — rockets other than model rockets

101.470 Model rockets

Subpart 101.I Firework displays

101.475 What this Subpart does

101.480 Application of State and Territory laws about fireworks

101.485 Meaning of operate a firework display

101.490 Certain projectiles prohibited in firework displays

101.495 Firework displays not permitted near aerodromes

101.500 Notice to CASA of certain firework displays

[70] Regulation 101.000

omit

[71] Part 139, after the heading

insert

Note This Part is made up as follows:

Subpart 139.A General

139.005 Applicability of this Part

139.010 Definitions for this Part

139.015 Standards for aerodromes

139.020 Exemptions

139.025 Access to aerodromes

139.030 Aerodromes with non-precision approach runways to be certified or registered

139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc

Subpart 139.B Certified aerodromes

Division 139.B.1 Aerodrome certificate

139.040 When an aerodrome certificate is required

139.045 Application for aerodrome certificate

139.050 Grant of aerodrome certificate

139.055 Notice of refusal to grant aerodrome certificate

139.060 Aerodrome certificate may be subject to conditions

139.065 Duration of aerodrome certificate

139.070 Suspension or cancellation by CASA

139.075 Cancellation at request of holder

139.080 Aerodrome certificate not transferable

139.085 Temporary aerodrome certificate

Division 139.B.2 Aerodrome manual

139.090 Preparation and location of aerodrome manual

139.095 Information to be included in aerodrome manual

139.100 Form of aerodrome manual

139.105 Amendments of aerodrome manual

139.110 Notice of amendments

139.115 Aerodrome manual controller

Division 139.B.3 Operation and maintenance of a certified aerodrome

139.120 Care and diligence in operation and maintenance

139.125 Reporting officer

139.130 Works safety officer for aerodrome works other than time-limited works

139.135 Works safety officer for time-limited works

139.140 Training of aerodrome personnel

139.145 Aerodrome manual procedures

139.150 Notice of deviation

139.155 Notice of changes in physical condition etc of aerodrome

139.160 Notice of changes in information published in AIP‑ERSA

139.165 Physical characteristics of movement area

139.170 Aerodrome markings

139.175 Signal area

139.180 Wind direction indicators — general

139.185 Wind direction indicators — requirement for certain runways

139.190 Visual approach slope indicator system

139.195 Lighting of movement area

139.200 Checking of lighting systems

139.205 Aerodrome emergency committee

139.210 Aerodrome emergency plan

139.215 Testing of aerodrome emergency plan

139.220 Aerodrome serviceability inspections

139.225 When aerodrome serviceability inspections must be conducted

139.230 Aerodrome technical inspections

139.235 When aerodrome technical inspections must be conducted etc

139.240 Who may conduct aerodrome technical inspections

139.245 Planning and execution of aerodrome works

139.250 Safety management system

Subpart 139.C Registered aerodromes

139.255 Definition for this Subpart

139.260 Application for registration of aerodrome

139.265 Registration of aerodromes

139.270 Notice of refusal to register aerodrome

139.275 Register

139.280 Duration of registration

139.285 Cancellation of registration on request

139.290 Suspension or cancellation of registration by CASA

139.295 Applicable standards for registered aerodromes

139.300 Reporting officer

139.305 Notice of changes in physical condition etc of aerodrome

139.310 Notice of changes in information published in AIP‑ERSA

139.315 Safety inspections

139.320 Approval of persons to conduct aerodrome safety inspections

139.325 Duration of approval

139.330 Suspension or cancellation of approval by CASA

Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes

139.335 Aerodromes to which this Subpart applies

139.340 Reporting officer

139.345 Safety inspections

Subpart 139.E Obstacles and hazards

139.350 Monitoring of airspace

139.355 Establishment of obstacle limitation surfaces

139.360 Notice of obstacles

139.365 Structures 110 metres or more above ground level

139.370 Hazardous objects etc

Subpart 139.F Aerodrome radio communication services

Division 139.F.1 General

139.375 Aerodrome operators to collect statistics if directed

Division 139.F.2 Frequency confirmation system

139.380 Definitions for Division 139.F.2

139.385 Aerodromes that must have a frequency confirmation system

Division 139.F.3 Air/ground radio service

139.390 Definitions for Division 139.F.3

139.395 Air/ground radio service must be certified

139.400 Direction by CASA to provide CA/GRS

139.405 Voluntary provision of CA/GRS

139.410 Certification of air/ground radio service

139.415 General obligations of aerodrome operator

139.420 When CA/GRS must be operating

139.425 Information about operating hours to be given to NOTAM Office

139.430 Certified air/ground radio operators

139.435 Offences

Subpart 139.H Aerodrome rescue and fire fighting services

Division 139.H.1 General

139.700 Applicability of this Subpart

139.705 Definitions for this Subpart

139.710 Functions of ARFFS

139.711 Person not to provide service without approval

139.712 Issue of Manual of Standards

139.715 Effect of Manual of Standards

Division 139.H.3 Requirements to be complied with by ARFFS provider

139.750 Requirements in this Division

139.755 Definition for Division — applicable standards and requirements

139.760 Inconsistency between Manual and chapter 9 of Annex 14

139.765 Knowledge, equipment and expertise to deal with aviation hazards

139.770 General obligation to maintain service

139.771 Response time of ARFFS

139.772 Buildings and emergency facilities

139.773 Officer in charge

139.775 Notice about times service is available etc

139.780 Agreements with other fire fighting bodies

139.785 Stock of fire extinguishing agents

139.795 Extinguishing equipment and vehicles

139.800 Other vehicles and equipment

139.805 Vehicles and equipment for firefighting and rescue in difficult environments

139.810 Commissioning of certain equipment

139.815 Protective clothing and equipment

139.820 Communications

139.825 Test and maintenance equipment

139.830 Commissioning of new vehicles and equipment

139.835 Number of operating personnel

139.840 Medical standard of firefighters

139.845 Qualifications and training of firefighters

139.850 Operations manual

139.855 Amendment of operations manual

139.860 Voice data recording

139.865 Record of accidents or incidents

139.870 Contingency plan

139.875 Records management

139.880 Organisation

139.885 System for rectification of service failures

139.890 Quality control

139.895 Change management

139.900 Safety management

139.905 Applicant’s organisation

139.910 Telling users and CASA about changes

Division 139.H.4 Conduct of ARFFS operations

139.915 Powers of officer in charge or firefighter

Division 139.H.5 Administration

139.920 Definition for Division

139.925 How to apply for approval as ARFFS provider

139.930 Who to apply to

139.935 Application for approval when approval cancelled previously

139.940 Other things CASA can ask applicant to do — interview

139.945 Other things CASA can ask applicant to do — provide more information

139.950 Statutory declarations to verify applications

139.955 Matters that CASA may or must take into account

139.960 Statutory declarations to verify statements in submissions

139.965 When CASA must grant approval

139.970 When decision must be made

139.975 Notice of decision

139.980 When approval comes into effect

139.985 Certificate about approval

139.990 Return of certificate if approval cancelled

139.995 Application for variation of approval

139.1000 CASA’s power to vary condition of approval

139.1005 Suspension or continued suspension of approval by show cause notice

139.1010 Grounds for cancellation of approval

139.1015 Notice to approved ARFFS provider to show cause

139.1020 Cancellation of approval after show cause notice

139.1022 Cancellation if holder ceases to provide ARFFS

139.1025 Cancellation at request of approved ARFFS provider

[72] Regulation 139.000

omit

[73] Part 143, after the heading

insert

Note This Part is made up as follows:

Subpart 143.A General

143.005 Applicability of this Part

143.010 Definitions for this Part

143.015 What is an ATS training provider

143.016 Person not to provide service without approval

143.017 Issue of Manual of Standards

Subpart 143.B Approval as an ATS training provider

143.020 What an application must be accompanied by

143.025 When applicant is eligible for approval

143.027 CASA may impose conditions on approvals

143.030 Approval subject to conditions

143.035 Approval not transferable

143.040 Certificate under Subpart F

143.045 How long approval remains in force

143.050 Variation of approvals

Subpart 143.C Requirements to be complied with by ATS training providers

Division 143.C.1 Requirements for training

143.055 Standard for training

143.060 Training plan

Division 143.C.2 Personnel

143.065 Personnel

143.070 Qualifications for certain personnel

Division 143.C.3 Reference materials, documents and records

143.075 Reference materials

143.080 Material to be included in reference materials

143.085 Documents and records

143.090 Document and record control system

Subpart 143.D Telling CASA about changes

143.095 Advice on organisational changes

143.100 Discontinuing training

143.105 Status as a Registered Training Organisation

Subpart 143.E Miscellaneous

143.110 Unapproved training

Subpart 143.F Administration

Division 143.F.1 Preliminary

143.115 Applicability of this Subpart

Division 143.F.2 Approvals

143.120 Joint applications not permitted

143.125 How to apply — application by individual applicant

143.130 How to apply — application by corporation etc

143.135 Who to apply to

143.140 Application for approval cancelled previously

143.145 CASA may require demonstrations of procedures or equipment

143.150 Other things CASA can ask individual applicant to do — interview

143.155 Other things CASA can ask applicant to do — provide more information

143.160 Statutory declarations to verify applications

143.165 Matters that CASA may or must take into account

143.170 Statutory declarations to verify statements in submissions

143.175 When CASA must approve an applicant

143.180 When decision must be made

143.185 Notice of decision

143.190 Certificate about approval

143.192 Cancellation if cooperation or arrangement ceases

143.195 Return of certificate if approval cancelled

Division 143.F.3 Variation of approvals

143.200 Applicability of this Division

143.205 Application for variation

143.210 CASA’s power to vary condition of approval

Division 143.F.4 Suspension and cancellation of approvals

143.215 Definition for this Division

143.220 Suspension of approval by show cause notice

143.225 Grounds for cancellation of approval

143.230 Notice to show cause

143.235 Cancellation of approval after show cause notice

143.240 Cancellation at request of ATS training provider

[74] Regulation 143.000

omit

[75] Part 171, after the heading

insert

Note This Part is made up as follows:

Subpart 171.A General

171.005 Applicability of this Part

171.010 Interpretation

171.012 Meaning of telecommunication service

171.015 Person not to provide service without approval

171.017 Issue of Manual of Standards

Subpart 171.B Approval of service providers

171.020 Application

171.025 If applicant is a corporation

Subpart 171.C Obligations and privileges of service provider

171.030 Service by provider

171.035 Changes by service provider to service

171.040 Changes by service provider to operations manual

171.045 Agreements with other bodies

171.050 Technicians

171.055 Test transmissions

171.060 Post-accident performance inspection

171.065 Interruption to service

171.070 Test equipment

171.075 Documents to be maintained

171.080 Records

171.085 Security program

Subpart 171.D Contents of operations manual

171.090 Operations manual to contain or refer to information

171.095 Organisation and management of service provider

171.100 Way in which standards are met

171.105 Functional specification and performance values of services

171.110 Technical description

171.115 Safe operation

171.120 Facility operation and maintenance plan

171.125 Safety management system

171.130 Agreements

171.135 Post-accident performance inspection procedure

171.140 Test equipment

171.145 Interruption to service

171.150 Document control

171.155 Security program

171.160 Changes to procedures

Subpart 171.E Administration

171.165 Joint applications not permitted

171.170 CASA may ask for demonstration of service

171.175 CASA can ask applicant to provide more information

171.180 Matters that CASA may or must take into account

171.185 When CASA must grant an approval

171.190 When decision must be made

171.195 Decision-making period may be extended

171.200 Notice of decision

171.205 Approvals

171.210 When approval comes into effect

171.215 CASA’s power to vary condition of approval

171.220 Suspension and cancellation of approvals

171.225 Notice to approval holder to show cause

171.230 Grounds for cancellation of approval

171.235 Cancellation of approval after show cause notice

171.237 Cancellation if cooperation or arrangement ceases

171.240 Cancellation at request of service provider

171.245 CASA’s power to direct variation of manual

171.250 Certificate

171.255 Return of certificate if approval ceases

[76] Regulation 171.000

omit

[77] Part 172, after the heading

insert

Note This Part is made up as follows:

Subpart 172.A General

172.005 Applicability of this Part

172.010 Definitions for this Part

172.015 What is an ATS provider

172.020 Providing air traffic service without approval

172.022 Issue of Manual of Standards

Subpart 172.B Approval as an ATS provider

172.024 Applicant for approval as ATS provider

172.025 What an application must be accompanied by

172.030 When applicant is eligible for approval

172.035 Approval subject to conditions

172.040 Approval not transferable

172.045 Certificate under Subpart F

172.050 How long approval remains in force

172.055 Variation of approvals

Subpart 172.C Requirements to be complied with by ATS providers

Division 172.C.1 Operations manual

172.060 Operations manual

Division 172.C.2 Air traffic service

172.065 Standards for air traffic service

172.070 Aeronautical telecommunications procedures

172.075 ICAO Doc. 4444 and ICAO Doc. 7030

172.080 Compliance with provider’s operations manual

172.085 Priority of standards

172.090 Priority of inconsistent procedures

Division 172.C.3 Standards for facilities and equipment

172.095 Facilities and equipment

Division 172.C.4 Organisation and personnel

172.100 Definition for this Division

172.105 Organisation

172.110 Personnel

172.115 Supervisory personnel

172.120 Qualifications for certain personnel

Division 172.C.5 Arrangements to maintain service

172.125 Agreements with service providers

172.130 Agreements with aerodrome operators

172.135 Arrangements for transfer of information

Division 172.C.6 Management

172.140 Training and checking program

172.145 Safety management system

172.150 Contingency plan

172.155 Security program

Division 172.C.7 Reference materials, documents, records and log books

172.160 Reference materials

172.165 Documents and records

172.170 Document and record control system

172.175 Logbooks

Division 172.C.8 Notice of air traffic service

172.180 Availability of air traffic service

Subpart 172.D Telling CASA about changes

172.185 Advice on organisational changes

172.190 Discontinuing air traffic service

Subpart 172.E Miscellaneous

172.195 ATS provider must not provide unauthorised air traffic service

Subpart 172.F Administration

Division 172.F.1 Preliminary

172.200 Applicability of this Subpart

Division 172.F.2 Approvals

172.205 Joint applications not permitted

172.210 How to apply — application by individual applicant

172.215 How to apply — application by corporation etc

172.220 Who to apply to

172.225 Application for approval cancelled previously

172.230 CASA may require demonstrations of procedures or equipment

172.235 Other things CASA can ask individual applicant to do — interview

172.240 Other things CASA can ask applicant to do — provide more information

172.245 Statutory declarations to verify applications

172.250 Matters that CASA may or must take into account

172.255 Statutory declarations to verify statements in submissions

172.260 When CASA must approve an applicant

172.265 When decision must be made

172.270 Notice of decision

172.275 Certificate about approval

172.280 Return of certificate if approval cancelled

Division 172.F.3 Variation of approvals

172.285 Applicability of this Division

172.290 Application for variation

172.295 CASA’s power to vary condition of approval

Division 172.F.4 Directions to amend provider’s operations manual

172.300 CASA may direct amendments to provider’s operations manual

Division 172.F.5 Suspension and cancellation of approvals

172.305 Definition for this Division

172.310 Suspension of approval by show cause notice

172.315 Grounds for cancellation of approval

172.320 Notice to show cause

172.325 Cancellation of approval after show cause notice

172.327 Cancellation if cooperation or arrangement ceases

172.330 Cancellation at request of ATS provider

[78] Regulation 172.000

omit

[79] Part 173, after the heading

insert

Note This Part is made up as follows:

Subpart 173.A General

173.005 Applicability

173.010 Definitions for this Part

173.015 What is a certified designer

173.020 What is a procedure design certificate

173.025 What is an authorised designer

173.030 What is a procedure design authorisation

173.035 Designing terminal instrument flight procedures requires procedure design certificate etc

173.040 Designing instrument flight procedures other than terminal instrument flight procedures

Subpart 173.B Certified designers

Division 173.B.1 Certification as certified designer

173.045 Applications for procedure design certificates

173.050 Criteria for grant of procedure design certificates

173.055 Procedure design certificate

173.060 Procedure design certificates subject to conditions

173.065 How long procedure design certificate remains in force

173.070 Variation of procedure design certificates

Division 173.B.2 Requirements to be complied with by certified designers

173.075 Certified designer to maintain operations manual

173.080 Compliance with operations manual

173.085 Standards for design of terminal instrument flight procedures etc

173.090 Verification of terminal instrument flight procedures

173.095 Validation of terminal instrument flight procedures

173.100 Publication of terminal instrument flight procedures

173.105 Radio navigation aids

173.110 Maintenance of terminal instrument flight procedures

173.115 Certified designer to provide facilities etc

173.120 Certified designer to have appropriate organisation

173.125 Certified designer to have sufficient personnel

173.130 Supervisory personnel

173.135 Certified designer to appoint chief designer

173.140 Certified designer to provide training and checking program

173.145 Certified designer to have safety management system

173.150 Certified designer to maintain reference materials

173.155 Certified designer to keep documents and records

173.160 Certified designer to have document and record control system

Division 173.B.3 Chief designer

173.165 Approval for appointment of chief designer

173.170 Approval for appointment to act as chief designer

173.175 Appointment likely to have adverse effect on air safety

173.180 Chief designer’s functions and duties

173.185 Duration of approval

173.190 Withdrawal or suspension of approval of appointment

Division 173.B.4 Miscellaneous

173.195 Advice on organisational changes

173.200 Discontinuing design work on terminal instrument flight procedures of a particular type

173.205 Notifying the AIS of a variation to a procedure design certificate

173.210 Discontinuing maintenance of particular terminal instrument flight procedures

173.215 Transfer of maintenance responsibility

Subpart 173.C Authorised designers

Division 173.C.1 Authorisation as authorised designer

173.220 Applications for procedure design authorisations

173.225 Criteria for grant of procedure design authorisations

173.230 Notice of procedure design authorisation

173.235 Procedure design authorisations subject to conditions

173.240 How long procedure design authorisation remains in force

173.245 Variation of procedure design authorisation

Division 173.C.2 Requirements to be complied with by authorised designers

173.250 Operations manual

173.255 Compliance with operations manual

173.260 Standards for design of terminal instrument flight procedures etc

173.265 Off-shore installations

173.270 Maintenance of terminal instrument flight procedures

173.275 Authorised designer to have sufficient personnel

173.280 Authorised designer to maintain reference materials

173.285 Authorised designer to keep documents and records

173.290 Authorised designer to have document and record control system

Division 173.C.3 Miscellaneous

173.295 Discontinuing design work on terminal instrument flight of a particular type

173.300 Discontinuing maintenance of terminal instrument flight procedures

173.305 Transfer of maintenance responsibility

Subpart 173.D Performance of design work

173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate

173.315 Authorised designer not to exceed the limitations of authorisation

Subpart 173.E Administration

Division 173.E.1 Application for, and grant of, procedure design certificates and procedure design authorisations and related matters

173.320 Request for information

173.325 Other things CASA can ask applicant to do — interview

173.330 CASA may require demonstrations of equipment etc

173.335 Grant of procedure design certificate or procedure design authorisation

173.340 Material that CASA may or must take into account

173.345 CASA may grant certificate or authorisation subject to conditions

173.350 When decision must be made

173.355 Notice of decision

173.360 Return of certificate if procedure design certificate cancelled

Division 173.E.2 Variation of procedure design certificates and procedure design authorisations

173.365 Applicability of this Division

173.370 Application for variation

Division 173.E.3 Directions to amend certified designer’s or authorised designer’s operations manual

173.375 CASA may direct amendments to designer’s operations manual

Division 173.E.4 Suspension and cancellation of procedure design certificates and procedure design authorisations

173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA

173.385 Cancellation at request of certified designer or authorised designer

Division 173.E.5 Authorised inspectors

173.390 CASA may appoint authorised inspectors

173.395 Identity card

173.400 Powers of authorised inspector

[80] Regulation 173.000

omit

[81] Part 200, after the heading

insert

Note This Part is made up as follows:

Subpart 200.B Exemption from Regulations

200.001 Hang gliders

200.002 Privately built single-place ultralight aeroplanes

200.003 Single-place gyroplanes with empty weight not over 250 kilograms

200.004 Two-place gyroplanes with empty weight not over 300 kilograms

200.005 Parasails and gyrogliders

200.008 Defence Force aircraft operated by civilian flight crew

200.010 Military aircraft undergoing production or acceptance flight testing

200.013 Weight-shift-controlled aeroplanes and powered parachutes

200.014 Aeroplanes to which section 95.55 of the Civil Aviation Orders applies

Subpart 200.C Authorisation to fly

200.020 Authorised flight without certificate of airworthiness

[82] Subpart 200.A

omit

[83] Part 201, after the heading

insert

Note This Part is made up as follows:

201.001 Appointment of authorised persons

201.003 Commonwealth and CASA not liable in certain cases

201.004 Review of decisions

201.005 Notice of change of name or trading name

201.010 Notice of change of nationality

201.015 Notice of change of address etc

201.020 Service of documents

[84] Regulation 201.000

omit

[85] Part 202, after the heading

insert

Note This Part is made up as follows:

Subpart 202.AB Transitional provisions for Part 1 (Preliminary)

Subpart 202.AD Transitional provisions for Part 11 (Regulatory administrative procedures)

202.010 Continuation of existing delegations

202.011 Continuation of certain exemptions

202.012 Consultation on certain Manuals of Standards

Subpart 202.AF Transitional provisions for Part 13 (Enforcement)

Subpart 202.AJ Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)

202.050 Certificates of type approval

202.051 Certificates of airworthiness

202.052 Export certificate of airworthiness

Subpart 202.AK Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)

Subpart 202.AL Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)

Subpart 202.AN Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)

Subpart 202.AO Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)

Subpart 202.AP Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)

Subpart 202.AR Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)

Subpart 202.AT Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)

Subpart 202.AU Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)

Subpart 202.AV Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)

Subpart 202.AX Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)

Subpart 202.AZ Transitional provisions for Part 39 (Airworthiness directives)

202.170 Airworthiness directives

202.171 Application for exemption from, or variation of, requirement of airworthiness directive

202.172 Exemption from requirement of airworthiness directive

Subpart 202.BB Transitional provisions for Part 43 (Maintainers’ responsibilities)

Subpart 202.BD Transitional provisions for Part 45 (Display of nationality and registration marks)

202.200 Australian aircraft marked in accordance with CAR

Subpart 202.BF Transitional provisions for Part 47 (Registration of aircraft)

Subpart 202.CA Transitional provisions for Part 60 (Synthetic training devices)

202.240 Definitions for this Subpart

202.241 Transitional accreditation — flight simulators

Subpart 202.CB Transitional provisions for Part 61 (Pilot licensing)

Subpart 202.CD Transitional provisions for Part 63 (Flight crew licensing other than pilots)

Subpart 202.CE Transitional provisions for Part 64 (Ground authorisations)

Subpart 202.CF Transitional provisions for Part 65 (Air traffic services licensing)

202.320 Manual of Standards for Part 65

202.321 Persons holding certain licences

Subpart 202.CG Transitional provisions for Part 66 (Maintenance personnel licensing)

Subpart 202.CH Transitional provisions for Part 67 (Medical)

202.360 Medical certificates issued under Civil Aviation Regulations 1988

202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988

202.362 Actions by Director of Aviation Medicine

202.363 Applications for issue of medical certificates pending on 3 September 2003

Subpart 202.DA Transitional provisions for Part 71 (Airspace)

Subpart 202.EA Transitional provisions for Part 90 (Additional airworthiness requirements)

Subpart 202.EB Transitional provisions for Part 91 (General operating and flight rules)

Subpart 202.EC Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)

202.440 Approval of certain training courses and instructors

Subpart 202.FA Transitional provisions for Part 101 (Unmanned aircraft and rocket)

202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002

Subpart 202.FC Transitional provisions for Part 103 (Sport and recreational aviation operations)

Subpart 202.FE Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)

Subpart 202.FJ Transitional provisions for Part 115 (Operations using sport aviation aircraft for non-recreational activities)

Subpart 202.FL Transitional provisions for Part 119 (Air operator certification — air transport)

Subpart 202.FN Transitional provisions for Part 121A (Air transport operations — large aeroplanes)

Subpart 202.FO Transitional provisions for Part 121B (Air transport operations — small aeroplanes)

Subpart 202.FR Transitional provisions for Part 129 (Air operator certification — foreign operators)

Subpart 202.FT Transitional provisions for Part 133 (Air transport and aerial work operations — rotorcraft)

Subpart 202.FV Transitional provisions for Part 136 (Aerial work operations — other than those covered by Parts 133, 137, 138, 141 and 142)

Subpart 202.FW Transitional provisions for Part 137 (Aerial agriculture operations — other than rotorcraft)

Subpart 202.FX Transitional provisions for Part 138 (Search and rescue operations

Subpart 202.FY Transitional provisions for Part 139 (Aerodromes)

202.700 Definitions for this Subpart

202.701 Aerodrome licences issued under CAR

202.702 Conditions of transitional aerodrome licences

202.703 Duration of transitional aerodrome licences

202.704 Previous aerodrome manuals and standards for aerodromes

202.705 Exemptions

Subpart 202.FYH Transitional provisions for Subpart 139.H
(Aerodrome rescue and fire fighting services)

202.710 Manual of Standards for Subpart 139.H

Subpart 202.GA Transitional provisions for Part 141 (Flight training organisations)

Subpart 202.GB Transitional provisions for Part 142 (Training and checking organisations)

Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)

202.760 Manual of Standards for Part 143

Subpart 202.GD Transitional provisions for Part 144 (Product distribution organisations)

Subpart 202.GE Transitional provisions for Part 145 (Maintenance organisations)

Subpart 202.GF Transitional provisions for Part 146 (Design approval organisations)

Subpart 202.GG Transitional provisions for Part 147 (Maintenance training organisations)

Subpart 202.GI Transitional provisions for Part 149 (Recreational aviation administration organisations)

Subpart 202.HA Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)

202.880 Manual of Standards for Part 171

Subpart 202.HB Transitional provisions for Part 172 (Air traffic service providers)

202.900 Manual of Standards for Part 172

Subpart 202.HC Transitional provisions for Part 173 (Instrument flight procedure design)

Subpart 202.HD Transitional provisions for Part 174 (Aviation meteorological services)

Subpart 202.HJ Transitional provisions for Part 183 (Authorised representatives)

Subpart 202.HL Transitional provisions for Part 200 (Exemptions)

Subpart 202.HM Transitional provisions for Part 201 (Miscellaneous)

[86] Subpart 202.AA

omit

Part 3 Amendments substituting explicit dates for references to dates

[87] Subregulation 21.190 (2)

omit

After the commencement of this regulation,

[88] Regulation 21.845

omit

after the commencement of this Subpart.

insert

on or after 1 October 2000.

[89] Paragraph 21.860 (a)

omit

, after the commencement of this Subpart; and

insert

, on or after 1 October 2000; and

[90] Paragraphs 22.001 (1) (a), (b), (c) and (d)

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[91] Paragraphs 23.001 (1) (a), (b) and (c)

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[92] Regulations 27.001 and 27.002

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[93] Regulations 29.001 and 29.002

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[94] Regulations 32.001 and 32.002

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[95] Regulations 33.001 and 33.002

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[96] Regulations 35.001 and 35.002

omit

at the commencement of this regulation,

insert

on 1 October 1998,

[97] Subregulation 67.180 (9)

omit

as in force immediately before the commencement of this regulation

[98] Regulation 92.150, heading

substitute

92.150 Training undertaken before 1 January 2004

[99] Subregulation 92.170 (1), definitions of Class B cargo compartment and Class C cargo compartment

omit

the commencement of this regulation.

insert

1 January 2004.

[100] Subregulation 139.190 (1)

substitute

(1) The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet-propelled aircraft conducting regular public transport operations or charter operations.

Penalty: 10 penalty units.

Note On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T-VASIS, AT-VASIS and PAPI.

[101] Subregulation 139.260 (3)

omit

for 3 years after the commencement of this regulation,

insert

until the end of 1 May 2006,

[102] Subregulation 139.315 (6)

omit

for 3 years after the commencement of this regulation,

insert

until the end of 1 May 2006,

[103] Subregulation 139.345 (6)

omit

for 3 years after the commencement of this regulation,

insert

until the end of 1 May 2006,

[104] Subpart 202.AZ

substitute

Subpart 202.AZ Transitional provisions for Part 39 (Airworthiness directives)

202.170 Airworthiness directives

If an airworthiness directive issued under regulation 37A of CAR, or such an airworthiness directive as subsequently varied, had effect immediately before 1 January 2000, then, subject to these Regulations, the airworthiness directive, or the airworthiness directive as varied, continues to have effect on and after that day as if it were an airworthiness directive issued by CASA under regulation 39.001.

202.171 Application for exemption from, or variation of, requirement of airworthiness directive

If an application under regulation 42ZR of CAR for an exemption from, or a variation of, a requirement of an airworthiness directive, in so far as it relates to a particular aircraft, was still pending immediately before 1 January 2000, the application has effect as if it were a written request made by the applicant, on that day, for CASA to exclude, under regulation 39.004, the aircraft from the operation of the airworthiness directive.

202.172 Exemption from requirement of airworthiness directive

If an exemption from a requirement of an airworthiness directive granted, under regulation 42ZS of CAR, in relation to an aircraft was still in force immediately before 1 January 2000, then, subject to these Regulations, the exemption has effect as if it were an instrument issued under regulation 39.004, on that day, excluding the aircraft from the operation of the airworthiness directive.

[105] Subpart 202.BD

substitute

Subpart 202.BD Transitional provisions for Part 45 (Display of nationality and registration marks)

202.200 Australian aircraft marked in accordance with CAR

Despite Part 45, an Australian aircraft registered before 1 October 2000 need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR (as in force immediately before 1 October 2000).

[106] Regulation 202.240, definition of old regulations

omit

the commencement of this regulation.

insert

18 September 2003.

[107] Regulation 202.240, definition of transitional accreditation

omit

after the commencement of this regulation

insert

on and after 18 September 2003

[108] Subregulations 202.241 (1), (2) and (3)

substitute

(1) The accreditation of a flight simulator that was in force immediately before 18 September 2003 at a level (the old level) specified in column 2 of an item in table 202.241 continues to be in force on and after that day, subject to subregulations (2), (3) and (4), as if it were a flight simulator qualification for the flight simulator at the level (the new level) specified in column 3 of that item.

(2) A transitional accreditation remains subject to any conditions to which it was subject immediately before 18 September 2003.

(3) A transitional accreditation continues in force until the sooner of the following:

(a) the date of expiry of the accreditation;

(b) 18 September 2004.

[109] After regulation 202.320

insert

202.321 Persons holding certain licences

(1) In this regulation:

old licence means an air traffic controller licence or a flight service officer licence issued under CAR and in force (or suspended) immediately before 1 May 2003.

(2) A person who, immediately before 1 May 2003, held an old licence (including a licence that is suspended) is taken to hold a corresponding licence issued under Part 65.

(3) A rating, endorsement or qualification endorsed on an old licence is taken to continue in force for the period during which it would have been in force but for that Part.

(4) A licence that a person is taken to hold under subregulation (2), or a rating, endorsement or qualification mentioned in subregulation (3), may be suspended or cancelled as if it had been granted under that Part.

(5) An old licence that, immediately before 1 May 2003, was suspended is taken, on and after that day, to continue to be suspended.

(6) For the purposes of action against the holder of an old licence mentioned in subregulation (5), the amendments of CAR by regulation 4 of, and Schedule 2 to, the Civil Aviation Amendment Regulations 2002 (No. 2) are to be disregarded.

[110] Subregulation 202.360 (1)

substitute

(1) A medical certificate or special medical certificate issued before 3 September 2003, under Part 6 of CAR, as in force at any time before that day, continues to have, on and after that day, the same force and effect as it would have had if that Part had continued in force.

[111] Subregulation 202.361 (1)

omit

the commencement of this regulation,

insert

3 September 2003,

[112] Subregulation 202.362 (2)

substitute

(2) An approval given by the Principal Medical Officer, before 3 September 2003, for the purposes of a provision of Schedule 1 to CAR, as in force at any time before that day, continues to have effect according to its terms, on and after that day, as if CASA had given the approval for the purposes of the corresponding provision of table 67.150, table 67.155 or table 67.160.

[113] Regulation 202.363

substitute

202.363 Applications for issue of medical certificates pending on 3 September 2003

(1) This regulation applies if:

(a) an application under Part 6 of the old regulations for the issue of a medical certificate was pending immediately before 3 September 2003; and

(b) the application was in accordance with that Part as then in force.

(2) The application is taken, for these Regulations, to be an application for the issue of the medical certificate, made, on 3 September 2003, in accordance with Subpart 67.C.

(3) If an examination required for the issue of the medical certificate under Part 6 of the old regulations had commenced but was not completed before 3 September 2003, the examination is taken to have commenced under Subpart 67.C.

(4) In this regulation:

old regulations means CAR as in force at any time before 3 September 2003.

[114] Regulation 202.440, note

omit

commencement of this Subpart

insert

1 January 2004

[115] Subpart 202.FA

substitute

Subpart 202.FA Transitional provisions for Part 101 (Unmanned aircraft and rockets)

202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002

(1) Despite the amendment of CAR by Schedule 2 to the Civil Aviation Amendment Regulations 2001 (No. 4), and despite any repeal of regulation 4 of those Regulations, an authorisation given under regulation 137 of CAR, or a permission given under regulation 259, 260 or 295 of CAR, before 1 July 2002 continues to have effect according to its terms.

(2) Such an authorisation or permission may be amended or revoked as if it were an approval given under Part 101.

(3) Despite any repeal of regulation 4 of the Civil Aviation Amendment Regulations 2001 (No. 4), an approval given by CASA, before 1 July 2002, of an area as an area for the operation or launching of unmanned aircraft or rockets continues to have effect according to its terms.

(4) An approval referred to in subregulation (3) may be revoked or amended as if it had been given under Part 101.

[116] Regulation 202.700, definitions of old regulations and Rules and Practices for Aerodromes

omit

the commencement of this regulation.

insert

2 May 2003.

[117] Regulation 202.700, definition of transitional aerodrome licence

omit

the commencement of this regulation

insert

2 May 2003

[118] Regulation 202.701

substitute

202.701 Aerodrome licences issued under CAR

An aerodrome licence in force under Part 9 of the old regulations immediately before 2 May 2003 continues in force on and after that day as if it were an aerodrome certificate granted under regulation 139.050.

[119] Regulation 202.702

omit

the commencement of this regulation

insert

2 May 2003

[120] Paragraph 202.703 (b)

substitute

(b) 1 May 2006.

[121] Subregulation 202.704 (2)

omit

the commencement of this regulation,

insert

2 May 2003,

[122] Paragraphs 202.704 (3) (b), (4) (b), (5) (b) and (6) (b)

omit

the commencement of this regulation.

insert

2 May 2003.

[123] Regulation 202.705

substitute

202.705 Exemptions

(1) An exemption from a provision of Part 9 of the old regulations (the old provision) that:

(a) was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and

(b) was in effect immediately before 2 May 2003;

continues in force on and after that day as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision.

(2) Any such exemption continues in force subject to any conditions to which it was subject immediately before that day.

(3) In this regulation:

Manual of Standards has the meaning given by regulation 139.010.

[124] Dictionary, Part 1, definition of designated aviation medical examiner, paragraph (d)

omit

immediately before the commencement of this regulation.

insert

at any time before 3 September 2003.

Part 4 Renumbering of certain Subparts and Divisions

[125] Subparts and Divisions mentioned in the following table

omit the heading, insert the heading shown in column 2 of the table

Column 1 Subpart or Division	Column 2 New heading
Part 65, Subpart A	Subpart 65.A General
Part 65, Subpart B	Subpart 65.B Authority to act in air traffic control and flight service
Part 65, Subpart C	Subpart 65.C Licensing
Part 65, Subpart C, Division 1	Division 65.C.1 Air traffic controller licensing
Part 65, Subpart C, Division 2	Division 65.C.2 Flight service officer licensing
Part 65, Subpart E	Subpart 65.E Administrative functions
Part 65, Subpart E, Division 1	Division 65.E.1 Grant of licences
Part 65, Subpart E, Division 2	Division 65.E.2 Ongoing proficiency and medical testing
Part 65, Subpart E, Division 3	Division 65.E.3 Suspension and cancellation of licences
Part 101, Subpart A	Subpart 101.A Preliminary
Part 101, Subpart B	Subpart 101.B General prohibition on unsafe operation
Part 101, Subpart C	Subpart 101.C Provisions applicable to unmanned aircraft generally
Part 101, Subpart D	Subpart 101.D Tethered balloons and kites
Part 101, Subpart E	Subpart 101.E Unmanned free balloons
Part 101, Subpart F	Subpart 101.F UAVs
Part 101, Subpart F, Division 1	Division 101.F.1 General
Part 101, Subpart F, Division 2	Division 101.F.2 Operation of UAVs generally
Part 101, Subpart F, Division 3	Division 101.F.3 Certification of UAV controllers
Part 101, Subpart F, Division 4	Division 101.F.4 Certification as UAV operator
Part 101, Subpart G	Subpart 101.G Model aircraft
Part 101, Subpart H	Subpart 101.H Rockets
Part 101, Subpart I	Subpart 101.I Firework displays
Part 143, Subpart A	Subpart 143.A General
Part 143, Subpart B	Subpart 143.B Approval as an ATS training provider
Part 143, Subpart C	Subpart 143.C Requirements to be complied with by ATS training providers
Part 143, Subpart C, Division 1	Division 143.C.1 Requirements for training
Part 143, Subpart C, Division 2	Division 143.C.2 Personnel
Part 143, Subpart C, Division 3	Division 143.C.3 Reference materials, documents and records
Part 143, Subpart D	Subpart 143.D Telling CASA about changes
Part 143, Subpart E	Subpart 143.E Miscellaneous
Part 143, Subpart F	Subpart 143.F Administration
Part 143, Subpart F, Division 1	Division 143.F.1 Preliminary
Part 143, Subpart F, Division 2	Division 143.F.2 Approvals
Part 143, Subpart F, Division 3	Division 143.F.3 Variation of approvals
Part 143, Subpart F, Division 4	Division 143.F.4 Suspension and cancellation of approvals
Part 171, Subpart A	Subpart 171.A General
Part 171, Subpart B	Subpart 171.B Approval of service providers
Part 171, Subpart C	Subpart 171.C Obligations and privileges of service provider
Part 171, Subpart D	Subpart 171.D Contents of operations manual
Part 171, Subpart E	Subpart 171.E Administration
Part 172, Subpart A	Subpart 172.A General
Part 172, Subpart B	Subpart 172.B Approval as an ATS provider
Part 172, Subpart C	Subpart 172.C Requirements to be complied with by ATS providers
Part 172, Subpart C, Division 1	Division 172.C.1 Operations manual
Part 172, Subpart C, Division 2	Division 172.C.2 Air traffic service
Part 172, Subpart C, Division 3	Division 172.C.3 Standards for facilities and equipment
Part 172, Subpart C, Division 4	Division 172.C.4 Organisation and personnel
Part 172, Subpart C, Division 5	Division 172.C.5 Arrangements to maintain service
Part 172, Subpart C, Division 6	Division 172.C.6 Management
Part 172, Subpart C, Division 7	Division 172.C.7 Reference materials, documents, records and log books
Part 172, Subpart C, Division 8	Division 172.C.8 Notice of air traffic service
Part 172, Subpart D	Subpart 172.D Telling CASA about changes
Part 172, Subpart E	Subpart 172.E Miscellaneous
Part 172, Subpart F	Subpart 172.F Administration
Part 172, Subpart F, Division 1	Division 172.F.1 Preliminary
Part 172, Subpart F, Division 2	Division 172.F.2 Approvals
Part 172, Subpart F, Division 3	Division 172.F.3 Variation of approvals
Part 172, Subpart F, Division 4	Division 172.F.4 Directions to amend provider’s operations manual
Part 172, Subpart F, Division 5	Division 172.F.5 Suspension and cancellation of approvals

[126] References by letter or number to Subparts or Divisions the headings of which were substituted by item [125]

omit the reference, insert the reference as re-lettered or renumbered

[127] References by letter or number to Subparts or Divisions re-lettered or renumbered by Schedule 3 to the Civil Aviation Amendment Regulations 2002 (No. 11) (other than references already substituted by that Schedule)

omit the reference, insert the reference as re-lettered or renumbered

Part 5 Other miscellaneous amendments

[128] Guide, paragraphs 2 to 9, including the headings

substitute

What are the Regulations?

2. The Civil Aviation Safety Regulations 1998 (‘CASR’), together with the Civil Aviation Regulations 1988 (‘CAR’), are the detailed legislation of the Commonwealth regarding aviation safety. Both of those sets of regulations are made under the Civil Aviation Act 1988. There are also Civil Aviation Orders made under CAR and that Act.

3. CAR were made in 1988 and have been amended many times since. They are being progressively reviewed as CASA brings its requirements into line with international standards and best regulatory practice. Major new policies are generally incorporated into CASR.

4. The intention is that the matter in CAR and the Civil Aviation Orders will be progressively brought into CASR. As part of that process, CASR is to be written in modern, easy-to-understand language.

5. CASR and CAR, and the Orders, are parts of Australian law. They are delegated legislation, made by the Governor-General (for the Regulations) or CASA itself (for the Orders) under authority given by the Commonwealth Parliament. The authority for the Governor-General to make the Regulations is in section 98 of the Civil Aviation Act 1988, and the authority for CASA to make the Orders is in subsection 98 (4A) of that Act and regulation 5 of the 1988 Regulations.

6. The Civil Aviation Act, CASR and CAR give effect to some of Australia’s obligations under the Convention on International Civil Aviation (usually called the Chicago Convention) entered into at Chicago on 7 December 1944. The English texts of the Chicago Convention, and several Protocols amending it, are set out as Schedules to the Commonwealth Air Navigation Act 1920.

7. The Chicago Convention sets up the International Civil Aviation Organization (ICAO) as the regulatory body for international civil aviation. The Council of ICAO adopts Annexes (18 so far) to the Chicago Convention setting out ‘international standards and recommended practices’ (Chicago Convention, Art. 54 (l)). The Annexes provide the basis for aviation safety regulation throughout the world. The Annexes vary in length from a few pages to hundreds of pages, and are not set out in the Air Navigation Act.

8. The Civil Aviation Act, CASR and CAR are not the whole of the Commonwealth legislation regarding aviation. Aspects of aviation other than safety are regulated under (for example):

the Air Navigation Act 1920
the Air Navigation Regulations 1947
the Air Services Act 1995
the Air Services Regulations
the Aviation Transport Security Act 2004
the Civil Aviation (Carriers’ Liability) Act 1959.

How to read the Regulations

9. From this point on, in this Guide, unless the contrary is stated the Regulations means the Civil Aviation Safety Regulations 1998.

[129] Guide, paragraph 55

substitute

55. However, the Table of Contents (immediately before this Guide) lists provisions by number and gives page references. The page numbers in this Table will always be correct in an officially printed copy, and should also be correct in one that has been printed from a fully formatted on-line version.

[130] Guide, after paragraph 62

insert

62A. The Australian Transport Safety Bureau also operates the Aviation Self Reporting Scheme established under s 30DN of the Act. For further details, see Subpart 13.K of the Regulations.

[131] Guide, paragraph 67

substitute

67. Printed official copies of Regulations (both amending regulations and consolidated up-to-date versions of principal regulations) are available from:

CanPrint Communications
16 Nyrang Street
Fyshwick ACT 2609
Info Vic
356 Collins Street, Melbourne VIC 3000
Tel: 1300 366 356 Fax: (03) 9603 9920
University Co-operative Bookshop Ltd
Law School, Shop 2, 153 Phillip Street, Sydney NSW 2000
Tel: (02) 9232 2250

or by mail from:

CanPrint Information Services
PO Box 7456
Canberra Mail Centre ACT 2610
Tel: 1300 656 863
Fax: (02) 6293 8333.

Further details about sales of legislation are available at http://scaleplus.law.gov.au/legsales.htm.

[132] Subregulation 1.004 (2), note

substitute

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

[133] After regulation 1.004

insert

1.005 Appendixes

(1) Some provisions have an appendix.

(2) An appendix is not numbered separately from the provision to which it is an appendix, but is identified by a heading in the form ‘Appendix to [kind of provision] [number]’.

Example

An appendix might be headed:

Appendix to subparagraph 139.095 (a) (i).

(3) A provision may have more than 1 appendix, and if a provision has 2 or more appendixes each is identified by a heading in the form ‘Appendix [number] to [kind of provision] [number]’.

(4) An appendix to a subregulation, paragraph or subparagraph appears at the end of the regulation that contains the subregulation, paragraph or subparagraph.

(5) An appendix may be divided into subsections, and a subsection of an appendix may be divided into paragraphs and subparagraphs, in the same way as a regulation.

(6) An appendix to a regulation, or a provision that is part of a regulation, is part of that regulation.

[134] Regulation 13.375, table 13.375, item 2, column 2

omit

Part 3 of CAR

insert

Part 47 of CASR

[135] Regulation 21.271, heading

substitute

21.271 Authorised release certificates — criteria for issue

[136] Subregulation 21.875 (1)

after

produced,

insert

as set out in subregulation (3),

[137] Regulation 47.035, not including the note

substitute

47.035 Correction of Register

CASA must correct the information recorded in an entry in the Australian Civil Aircraft Register as soon as practicable after becoming aware that the entry is out of date or otherwise incorrect.

[138] After subregulation 47.040 (2)

insert

(3) A registration holder must comply with a request made under subregulation (2).

Penalty: 10 penalty units.

(4) An offence under subregulation (3) is an offence of strict liability.

[139] After paragraph 47.065 (a)

insert

(aa) if the aircraft is owned by more than 1 person — the name and signature of the owner who is appointed to act on behalf of the owners; and

[140] Regulation 47.065, note 2

substitute

Note 2 If an aircraft is registered for a specific period, the registration lapses at the end of that period: see subregulation 47.130 (1). (However the period may be extended under subregulation 47.095 (4).)

[141] Subregulation 47.100 (5), at the foot

insert

Penalty: 10 penalty units.

[142] After subregulation 47.100 (5)

insert

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

(5B) If CASA finds out, other than by a notice given by the registration holder, that the appointment of the registered operator of an aircraft has ceased to have effect, CASA must, within 7 days, inform the aircraft’s registration holder in writing.

[143] After subregulation 47.100 (7)

insert

(7A) CASA must not accept a notice under subregulation (6) or (7) that does not include the required information.

[144] Subregulation 47.120 (3)

omit

is given

insert

receives

[145] Subregulation 47.135 (2)

omit

or CASA sent

insert

the person received

[146] Regulation 47.160

omit

if it registers

insert

when it registers

[147] Subregulation 47.165 (3)

omit

If CASA approves

insert

When CASA approves

[148] Regulation 67.120, heading

substitute

67.120 Revocation of declarations

[149] Regulation 67.141

omit

[150] Regulation 67.150, table 67.150, paragraph 1.6 (c)

omit

approved

insert

appropriate

[151] Regulation 67.155, table 67.155, paragraph 2.6 (c)

omit

approved

insert

appropriate

[152] Regulation 67.160, table 67.160, paragraph 3.6 (c)

omit

approved

insert

appropriate

[153] Regulation 101.015

omit

Part 3 of CAR 1988, and Part 45 of CAR 1998, do not

insert

Parts 45 and 47 do not

[154] Regulation 139.036

omit

[155] Subregulation 139.915 (1), definition of officer in charge, paragraph (a)

omit

designated under regulation 139.745

insert

appointed under regulation 139.773

[156] Part 200, heading

substitute

Part 200 Aircraft to which CASR do not apply

[157] Paragraph 201.004 (j), including the note

substitute

(j) a decision under regulation 45.155 refusing approval to remove an aircraft’s aircraft registration identification plate, or remove or alter a marking on such a plate; or

(k) a decision to cancel the registration of an aircraft; and

(l) a decision under regulation 47.175 to assign fewer dealer’s marks to a dealer than were applied for; and

(m) a decision under Subpart 67.C:

(i) to refuse to appoint a person as a DAME or DAO; or

(ii) to impose a condition, restriction or limitation on the appointment of a person as a DAME under paragraph 67.060 (4) (a); or

(iii) to impose a condition, restriction or limitation on the appointment of a person as a DAO under paragraph 67.080 (5) (a); or

(iv) to cancel, for a reason mentioned in subregulation 67.095 (1), the appointment of a person as a DAME or DAO; or

(n) a decision under regulation 92.155 to refuse to exclude a person or class of persons from the obligation to comply with the requirements mentioned in that regulation, or to grant such an exclusion subject to a condition; or

(o) a decision under regulation 139.020 not to grant an exemption under that regulation; or

(p) a direction given by CASA under regulation 139.145; or

(q) a decision under Subpart 139.C refusing to register, or suspending or cancelling the registration of, an aerodrome.

Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person’s right to have the notice reviewed.

[158] Subregulation 202.223 (2)

substitute

(2) However, CASA must not accept an application for a change of any details about an aircraft that are kept in the Aircraft Register, other than an application for:

(a) a change of name or address of the holder of the certificate of registration, or a property interest holder, of the aircraft; or

(b) the cancellation of the registration of the aircraft.

[159] Subpart 202.AM

omit

[160] Subpart 202.GC, heading

substitute

Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)

[161] Subpart 202.HB, heading

substitute

Subpart 202.HB Transitional provisions for Part 172 (Air traffic service providers)

[162] Dictionary, Part 1, definition of AD

substitute

AD — see the definition of airworthiness directive.

[163] Dictionary, Part 1, definition of AOC

substitute

AOC — see subsection 3 (1) of the Act.

[164] Dictionary, Part 1, definitions of approved maintenance data and article manufacturer

approved maintenance data — see regulation 2A of CAR.

article manufacturer — see paragraph 21.601 (2) (e).

[165] Dictionary, Part 1, definition of ATSO authorisation

substitute

ATSO authorisation — see paragraph 21.601 (2) (b).

[166] Dictionary, Part 1, definition of CAR airworthiness directive, paragraph (b)

omit

regulation 202.4.

insert

regulation 202.170.

[167] Dictionary, Part 1, definition of class

substitute

class, in relation to an aircraft — see clause 30 of Part 2 of this Dictionary.

[168] Dictionary, Part 1, definition of Class I product

substitute

Class I product — see paragraph 21.321 (2) (a).

[169] Dictionary, Part 1, definition of Class II product

substitute

Class II product — see paragraph 21.321 (2) (b).

[170] Dictionary, Part 1, definition of Class III product and Contracting State

substitute

Class III product — see paragraph 21.321 (2) (c).

Contracting State — see subsection 3 (1) of the Act.

[171] Dictionary, Part 1, definition of designated aviation medical examiner, paragraph (a)

omit

an designated

insert

a designated

[172] Dictionary, Part 1, definition of FAA letter of TSO design approval

substitute

FAA letter of TSO design approval — see paragraph 21.601 (2) (ca).

[173] Dictionary, Part 1, definitions of foreign supplemental type certificate and foreign type certificate

substitute

foreign supplemental type certificate — see regulation 21.114.

foreign type certificate — see regulation 21.041.

[174] Dictionary, Part 1, after definition of identification number

insert

in an area, used of the operation of an aircraft — see clause 40 of Part 2 of this Dictionary.

[175] Dictionary, Part 1, definition of JAR

substitute

JAR — see clause 45 of Part 2 of this Dictionary.

[176] Dictionary, Part 1, definition of letter of ATSO design approval

substitute

letter of ATSO design approval — see paragraph 21.601 (2) (c).

[177] Dictionary, Part 1, definition of NAA

substitute

NAA, for a country other than Australia, means:

(a) the national airworthiness authority of the country; or

(b) EASA, in relation to any function or task that EASA carries out on behalf of the country.

[178] Dictionary, Part 1, definition of overhauled

substitute

overhauled — see paragraph 21.321 (2) (d).

[179] Dictionary, Part 1, definition of recognised country

substitute

recognised country — see regulation 21.012.

[180] Dictionary, Part 1, definition of regular public transport operations

omit

paragraph 206 (c)

insert

paragraph 206 (1) (c)

[181] Dictionary, Part 1, definition of special certificate of airworthiness

substitute

special certificate of airworthiness — see regulation 21.175.

[182] Dictionary, Part 1, definition of TSO

substitute

TSO — see paragraph 21.601 (2) (ab).

[183] Dictionary, Part 1, definition of type certificate

substitute

type certificate — see regulation 21.041.

[184] Dictionary, Part 1, definition of type design

substitute

type design — see regulation 21.031.

[185] Dictionary, Part 2, before clause 25 inserted by item [34]

insert

1 References to accountable manager

Note This clause is reserved for future use.

5 When an aircraft is airworthy

Note This clause is reserved for future use.

10 References to air transport operations

Note This clause is reserved for future use.

15 Reference to Annexes to Chicago Convention

In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.

20 References to authorised representatives of particular classes

Note This clause is reserved for future use.

[186] Dictionary, Part 2, after clause 25 inserted by item [34]

insert

30 Classes of aircraft

For these Regulations, aircraft are divided into the following classes:

(a) aeroplane;

(b) rotorcraft;

(d) glider;

(e) kite;

(f) airship;

(g) captive balloon;

(h) free balloon.

[187] Dictionary, Part 2, after clause 35 inserted by item [34]

insert

40 References to operating an aircraft in an area

In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area.

45 Meaning of JAR

In these Regulations:

(a) JAR means the Joint Aviation Requirements agreed to by, and published on behalf of, the European Joint Airworthiness Authorities; and

(b) JAR, linked by a hyphen to a number, a letter or letters, or a combination of a number and a letter or letters, is a reference to the provision of the Joint Aviation Requirements that is identified by that number, that letter or those letters, or that combination.

50 References to pilot-in-command

Note This clause is reserved for future use.

55 References to populous areas etc

Note This clause is reserved for future use.

[188] Dictionary, Part 2, after clause 60 inserted by item [34]

insert

65 Recognised foreign training providers

Note This clause is reserved for future use.

Schedule 3 Amendment of Civil Aviation Amendment Regulations 2000 (No. 3)

(regulation 5)

[1] Regulations 5 to 8

omit