Civil Aviation Amendment Regulations 2002 (No. 4) (Cth)

Civil Aviation Amendment Regulations 2002 (No. 4)1

Statutory Rules 2002 No. 2212

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 5 September 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2002 (No. 4).

2Commencement

These Regulations commence on gazettal.

3Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1Amendments

(regulation 3)

  

[1]Paragraph 55 (3) (c)

omit

modification.

insert

modification; and

[2]After paragraph 55 (3) (c)

insert

1. (d)

   the change is approved by CASA or the authorised person.

[3]Subregulation 55 (4)

substitute

1. (4)

   This regulation also applies to the holder of the certificate of registration for an Australian aircraft for which a flight manual has been issued if CASA, or an authorised person, instructs the certificate holder, in writing, to make a change to the manual that is:

   1. (a)

      for the purpose of ensuring the safety of air navigation; and

   2. (b)

      approved by CASA or the authorised person.

2. (4A)

   This regulation also applies to the holder of the certificate of registration for an Australian aircraft for which a flight manual has been issued if:

   1. (a)

      a change to the manual is approved by CASA under regulation 55A; and

   2. (b)

      CASA gives an instruction, in writing, to the effect that the change must be made to the manual.

Note 1 A person is an authorised person for a provision of these Regulations only if the person’s instrument of appointment mentions the provision: see regulation 6.

Note 2 A change to a flight manual that is approved under subregulation (2), (3) or (4) can be in the form of a flight manual supplement that includes the instruction to make the change.

[4]After regulation 55

insert

55AChange to flight manual may be approved

1. (1)

   The holder of the certificate of registration for an Australian aircraft, or a person acting on behalf of the holder, may apply, in writing, to CASA to approve a change to the flight manual for the aircraft (other than a change of a kind mentioned in subregulation 55 (1), (2), (3) or (4)).

2. (2)

   CASA may, on receiving an application made under subregulation (1), approve the change.

3. (3)

   In deciding whether to approve the change, CASA must take into account any relevant considerations relating to the interests of the safety of air navigation.

Note A change to a flight manual that is approved under this regulation can be in the form of a flight manual supplement that includes the instruction to make the change.

[5]Subregulation 297A (1), definition of reviewable decision, after paragraph (hc)

insert

1. (hd)

   a decision by CASA under subregulation 55A (2) not to approve a change to a flight manual; or

Notes

1. These Regulations amend Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 and 180.

2. Notified in the Commonwealth of Australia Gazette