Civil Aviation Amendment Regulations 2004 (No. 4) (Cth)
Civil Aviation Amendment Regulations 2004 (No. 4) 1
Statutory Rules 2004 No. 345 2
I, PHILIP MICHAEL JEFFERY, 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 1 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
JOHN ANDERSON
Minister for Transport and Regional Services
These Regulations are the
Civil Aviation Amendment Regulations 2004 (No. 4) .
These Regulations commence on the date of their notification in the
Gazette .
Schedule 1 amends the
Civil Aviation Regulations 1988 .
Schedule 2 amends the
Civil Aviation Safety Regulations 1998 .
Schedule 3 amends the
Civil Aviation Amendment Regulations 2000 (No. 3) .
Schedule 4 amends the
Civil Aviation Amendment Regulations 2001 (No. 4) .
Schedule 5 amends the
Civil Aviation Amendment Regulations 2002 (No. 2) .
(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)
omit paragraph 206 (a)
insert paragraph 206 (1) (a)
omit paragraph 206 (b)
insert paragraph 206 (1) (b)
omit paragraph 206 (c)
insert paragraph 206 (1) (c)
omit CAR 1998,
insert CASR,
omit or authorised person
insert or the authorised person
omit the commencement of this regulation; and
insert 16 June 1994; and
omit after that commencement; and
insert on or after that day; and
omit
omit these regulations.
insert CAR.
omit CAR 1998
insert CASR
omit or authorised person,
insert or the authorised person,
omit or authorised person
insert or the authorised person
omit or authorised person
insert or the authorised person
omit or authorised person
insert or the authorised person
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.
omit or authorised person
insert or the authorised person
omit or authorised person
insert or the authorised person
omit or authorised person
insert or an authorised person
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 change submitted.
(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.
omit CAR 1998; or
insert CASR; or
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.
omit or authorised person,
insert or the authorised person,
omit or authorised person
insert or the authorised person
omit or authorised person
insert or the authorised person
omit or authorised person’s
insert or the authorised person’s
omit or authorised person
insert or the authorised person
omit or authorised person
insert or the authorised person
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.
omit or authorised person
insert or the authorised person
omit or authorised person.
insert or the authorised person.
omit regulation 55,
insert regulation 55 or 55A,
omit CAR 1998,
insert CASR,
omit a licence granted under regulation 89C;
insert a certificate granted, or registration, under Part 139 of CASR;
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.
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.
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(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 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.
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
substitute
(b) a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;
omit officer
substitute
(b) a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;
substitute
omit Part V,
insert Part 5,
omit subregulation 134 (1); or
insert regulation 21.197 of CASR; or
omit CAR 1998
insert CASR
[ 47 ] Subregulation 263 (1), definition of licence , paragraphs (ca) and (d)
substitute
(d) an aircraft endorsement.
omit Subject to subregulation 89C (3),
omit Subject to regulation 89F, if
insert If
[ 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
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
(c) an endorsement under Part 65 of CASR.
[ 57 ] Subregulation 298A (8), definition of licence , paragraph (c)
substitute
(c) a licence under Part 65 of CASR.
[ 58 ] Subregulation 298A (8), definition of rating , paragraph (b)
substitute
(b) a rating under Part 65 of CASR.
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.
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.
omit Subject to subregulation (1A),
omit these regulations;
insert CAR;
omit these regulations
insert CAR
omit
omit these regulations,
insert CAR,
insert
Note CASA can issue exemptions from CASR under Subpart 11.F of CASR.
omit
substitute
(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 (theANR ) 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.
omit each mention of the commencement of this regulation
insert 1 October 1998
omit before the commencement,
insert before that day,
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.
omit the commencement of this regulation,
insert 1 October 1998,
omit the commencement of this regulation
insert 1 October 1998
substitute
(b) 30 September 1999.
omit the commencement of this regulation
insert 16 August 1999
omit the commencement of this regulation.
insert 1 December 1998.
omit each mention of the commencement of this regulation
insert 1 December 1998
omit each mention of the commencement,
insert that day,
omit each mention of the commencement of this regulation
insert 1 December 1998
omit the commencement,
insert that day,
omit each mention of the commencement of this regulation
insert 1 December 1998
omit each mention of the commencement of this regulation,
insert 16 August 1999,
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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).
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.
substitute
(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.
substitute
(subregulation 2 (1), definition of
CASA maintenance schedule )
subs t itute
Schedule 6 CASA system of certification of completion of maintenance (subregulation 2 (1), definition of
CASA system of certification of completion of maintenance )
(regulation 4)
[ 1 ] Guide, paragraphs 52 and 53, including the heading
substitute
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 calledManual 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).
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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.
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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
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 (
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:
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
91A. Authority to issue a MOS rests with the Director of Aviation Safety.
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.
substitute
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
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.
(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.
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
(c) a receiver and manager, appointed under a power contained in an instrument, of property of the corporation.
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.
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.
(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
(c) it is accompanied by every document 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 theCriminal 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
(c) to allow CASA to inspect any relevant facility or equipment (whether or not it is operating).
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
(c) anything else in its records about the applicant; 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.
(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
(c) CASR does not forbid CASA granting the authorisation in the particular case; 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
(c) having successfully completed any training 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
(c) the applicant’s experience (if any) in aviation; 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.
(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 theAdministrative 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.
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 Fordrug-critical authorisation ,probity-critical authorisation ,probity offence , andpsychoactive substance offence , and the extended meaning ofconvicted , 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;
(c) the holder ceases temporarily or permanently to carry 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.
(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.
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
(c) that has been lost or destroyed.
Subpart 11.D Variation, suspension and cancellation of authorisations at holder’s request
(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.
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
(c) the applicant has given to CASA any other documents required by CASR to be given to CASA with the application.
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.
(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.
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.
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.
(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
(c) references to the relevant provisions of CASR; 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.
(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.
(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
This Division applies in relation to the granting of exemptions in certain 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.
An application for an exemption under this Division may be made in any way that is reasonable in the circumstances.
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.
This Division applies in relation to all exemptions under this Subpart.
(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.
(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.
An instrument granting an exemption under this Subpart is a disallowable instrument for section 46A of the
Acts Interpretation Act 1901 .
(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 theGazette . 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 theActs 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.
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 2 Notification of the granting of an exemption must also be published in theGazette . 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 theActs Interpretation Act 1901 .
(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 theActs Interpretation Act 1901 . See generally section 48 of that Act.
An exemption under this Subpart is not transferable.
This Subpart provides for the issue by CASA of temporary directions in relation to matters affecting the safety of air navigation.
(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 theActs Interpretation Act 1901 . The making of a direction must be notified in theGazette .
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
(c) only for the purposes of CASA’s functions.
Note CASA’s functions are set out in section 9 of the Act.
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 theActs Interpretation Act 1901 . See generally section 48 of that Act.
(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.
(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);
(c) the power to refuse to issue a type acceptance certificate under subregulation 21.029C (1);
(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).
(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.
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 CASA issues a MOS on the basis of a determination under paragraph (1) (a) (anurgent 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 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;
(c) the period during which comments on it may be lodged;
(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
(c) does not tell CASA in writing of the change within 14 days.
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
(c) does not tell CASA in writing of the change within 14 days.
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
(c) the person does not tell CASA in writing of the change within 14 days.
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
(c) the person changes:
(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(c) fraudulent conduct (within the meaning of Part 7.3 of the
Criminal Code );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
(c) of which an element is being under the influence of 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:
1 January 2004.
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.
omit for 3 years after the commencement of this regulation,
insert until the end of 1 May 2006,
omit for 3 years after the commencement of this regulation,
insert until the end of 1 May 2006,
omit for 3 years after the commencement of this regulation,
insert until the end of 1 May 2006,
substitute
Subpart 202.AZ Transitional provisions for Part 39 (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.
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
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 (thenew 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.
insert
(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.
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.
omit the commencement of this regulation,
insert 3 September 2003,
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.
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.
omit
commencement of this Subpart
insert
1 January 2004
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
substitute
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.
omit the commencement of this regulation
insert 2 May 2003
substitute
(b) 1 May 2006.
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.
substitute
(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.
[ 125 ] Subparts and Divisions mentioned in the following table
omit the heading, insert the heading shown in column 2 of the table
Part 65, Subpart A | |
Part 65, Subpart B |
|
Part 65, Subpart C | |
Part 65, Subpart C, Division 1 | |
Part 65, Subpart C, Division 2 | |
Part 65, Subpart E | |
Part 65, Subpart E, Division 1 | |
Part 65, Subpart E, Division 2 |
|
Part 65, Subpart E, Division 3 |
|
Part 101, Subpart A | |
Part 101, Subpart B |
|
Part 101, Subpart C |
|
Part 101, Subpart D | |
Part 101, Subpart E | |
Part 101, Subpart F | |
Part 101, Subpart F, Division 1 | |
Part 101, Subpart F, Division 2 | |
Part 101, Subpart F, Division 3 | |
Part 101, Subpart F, Division 4 | |
Part 101, Subpart G | |
Part 101, Subpart H | |
Part 101, Subpart I | |
Part 143, Subpart A | |
Part 143, Subpart B |
|
Part 143, Subpart C |
|
Part 143, Subpart C, Division 1 | |
Part 143, Subpart C, Division 2 | |
Part 143, Subpart C, Division 3 |
|
Part 143, Subpart D | |
Part 143, Subpart E | |
Part 143, Subpart F | |
Part 143, Subpart F, Division 1 | |
Part 143, Subpart F, Division 2 | |
Part 143, Subpart F, Division 3 | |
Part 143, Subpart F, Division 4 |
|
Part 171, Subpart A | |
Part 171, Subpart B | |
Part 171, Subpart C |
|
Part 171, Subpart D | |
Part 171, Subpart E | |
Part 172, Subpart A | |
Part 172, Subpart B | |
Part 172, Subpart C |
|
Part 172, Subpart C, Division 1 | |
Part 172, Subpart C, Division 2 | |
Part 172, Subpart C, Division 3 |
|
Part 172, Subpart C, Division 4 | |
Part 172, Subpart C, Division 5 | |
Part 172, Subpart C, Division 6 | |
Part 172, Subpart C, Division 7 |
|
Part 172, Subpart C, Division 8 | |
Part 172, Subpart D | |
Part 172, Subpart E | |
Part 172, Subpart F | |
Part 172, Subpart F, Division 1 | |
Part 172, Subpart F, Division 2 | |
Part 172, Subpart F, Division 3 | |
Part 172, Subpart F, Division 4 |
|
Part 172, Subpart F, Division 5 |
|
[ 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
[ 128 ] Guide, paragraphs 2 to 9, including the headings
substitute
2. The
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
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
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 (
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 .
9. From this point on, in this Guide, unless the contrary is stated
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.
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.
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 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.
insert
(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
substitute
21.271 Authorised release certificates — criteria for issue
after produced,
insert as set out in subregulation (3),
substitute
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.
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.
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
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).)
insert Penalty: 10 penalty units.
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.
insert
(7A) CASA must not accept a notice under subregulation (6) or (7) that does not include the required information.
omit is given
insert receives
omit or CASA sent
insert the person received
omit if it registers
insert when it registers
omit If CASA approves
insert When CASA approves
substitute
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
omit Part 3 of CAR 1988, and Part 45 of CAR 1998, do not
insert Parts 45 and 47 do not
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
substitute
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 theAdministrative 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.
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.
omit
substitute
Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)
substitute
Subpart 202.HB Transitional provisions for Part 172 (Air traffic service providers)
substitute
substitute
[ 164 ] Dictionary, Part 1, definitions of approved maintenance data and article manufacturer
[ 165 ] Dictionary, Part 1, definition of ATSO authorisation
substitute
[ 166 ] Dictionary, Part 1, definition of CAR airworthiness directive , paragraph (b)
omit regulation 202.4.
insert regulation 202.170.
substitute
[ 168 ] Dictionary, Part 1, definition of Class I product
substitute
[ 169 ] Dictionary, Part 1, definition of Class II product
substitute
[ 170 ] Dictionary, Part 1, definition of Class III product and Contracting State
substitute
[ 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
[ 173 ] Dictionary, Part 1, definitions of foreign supplemental type certificate and foreign type certificate
substitute
[ 174 ] Dictionary, Part 1, after definition of identification number
insert
substitute
[ 176 ] Dictionary, Part 1, definition of letter of ATSO design approval
substitute
substitute
(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
[ 179 ] Dictionary, Part 1, definition of recognised country
substitute
[ 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
substitute
[ 183 ] Dictionary, Part 1, definition of type certificate
substitute
[ 184 ] Dictionary, Part 1, definition of type design
substitute
[ 185 ] Dictionary, Part 2, before clause 25 inserted by item [ 34 ]
insert
Note This clause is reserved for future use.
Note This clause is reserved for future use.
Note This clause is reserved for future use.
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
For these Regulations, aircraft are divided into the following
classes :
(a) aeroplane;
(b) rotorcraft;
(c) ornithopter;
(d) glider;
(e) kite;
(f) airship;
(g) captive balloon;
(h) free balloon.
[ 187 ] Dictionary, Part 2, after clause 35 inserted by item [ 34 ]
insert
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.
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.
Note This clause is reserved for future use.
Note This clause is reserved for future use.
[ 188 ] Dictionary, Part 2, after clause 60 inserted by item [ 34 ]
insert
Note This clause is reserved for future use.
(regulation 5)
omit
(regulation 6)
omit
(regulation 7)
omit
1. These Regulations amend (in Schedule 1) 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 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 Nos. 58, 75, 95, 189, 201, 232 and 240; Act No. 105, 2003; Statutory Rules 2003 No. 365; 2004 Nos. 134, 216, 217 and 222.
These Regulations also amend (in Schedule 2) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 Nos. 7, 204 (item [7] of Schedule 2 was disallowed by the Senate on 8 November 2000) and 227; 2001 Nos. 34, 242 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 266, 268, 320, 321, 349 and 350; 2003 Nos. 58, 75, 189, 232, 240, 297 and 365; 2004 Nos. 4, 134, 216, 222 and 230.
These Regulations also amend (in Schedule 3) Statutory Rules 2000 No. 204 (item [7] of Schedule 2 and items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000).
These Regulations also amend (in Schedule 4) Statutory Rules 2001 No. 349 (as amended by 2002 No. 79).
These Regulations also amend (in Schedule 5) Statutory Rules 2002 No. 167 (as amended by 2003 No. 58).
2. Notified in the
Commonwealth of Australia Gazette on 8 December 2004.
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