Instrument number CASA 69/19

I, WARREN CRAIG MARTIN, Acting Executive Manager, Regulatory Services & Surveillance, a delegate of CASA, make this instrument under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed C. Martin]

Craig Martin
Acting Executive Manager, Regulatory Services & Surveillance

20 September 2019

CASA 69/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019

1 Name

 This instrument is CASA 69/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019.

2 Repeal

 Instrument CASA 21/19 — Temporary Prohibition of Operations (Boeing 737 MAX Aircraft) Direction 2019 is repealed.

3 Duration

 This instrument:

(a) commences on the day after it is registered; and

(b) is repealed at the end of 6 months after the day it commences.

Note   For regulation 11.250 of CASR, the direction in section 5 ceases to be in force on the day this instrument is repealed.

4 Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: Australian territory, national aviation authority and State of registry.

 In this instrument:

base means an aerodrome or other location in or outside Australian territory.

5 Direction

 (1)A person must not operate a Boeing 737-8 or 737-9 model aircraft (the aircraft) in Australian territory other than for an authorised flight.

 (2)For subsection (1), authorised flight means a non-passenger carrying flight that:

(a) is conducted by an aircraft that is approved to conduct the flight by the national aviation authority of the State of registry of the aircraft; and

(b) is not for a commercial purpose; and

Note   Commercial purposes are prescribed in regulation 206 of CAR.

(c) is to, or for the purposes of a flight to, a base for any of the following purposes:

 (i) storage of the aircraft;

 (ii) production flight testing of the aircraft;

 (iii) repairs or alterations to the aircraft;

 (iv) maintenance of the aircraft; and

(d) CASA considers would not be likely to have an adverse effect on the safety of air navigation; and

(e) is authorised in writing by CASA.

Note   CASA may impose conditions on the authorisation — see regulation 11.056 of CASR.