Civil Aviation and Civil Aviation Safety Amendment Regulations 2009 (No. 1) (Cth)

Civil Aviation and Civil Aviation Safety Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 64

I, QUENTIN BRYCE, 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 9 April 2009

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Contents

1Name of Regulations 2

2Commencement 2

3Amendment of Civil Aviation Safety Regulations 1998 2

4Amendment of Civil Aviation Safety Regulations 1998 3

5Amendment of Civil Aviation Regulations 1988 3

Schedule 1Amendment of Civil Aviation Safety Regulations 1998 commencing on day after registration 4

Schedule 2Amendments of Civil Aviation Safety Regulations 1998 commencing on 1 October 2009 5

Schedule 3Amendment of Civil Aviation Regulations 1988 commencing on 1 October 2009 12

Name of Regulations

These Regulations are the Civil Aviation and Civil Aviation Safety Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 3 and Schedule 1;

(b)on 1 October 2009 — regulations 4 and 5 and Schedules 2 and 3.

Amendment of Civil Aviation Safety Regulations 1998

Schedule 1 amends the Civil Aviation Safety Regulations 1998.

Amendment of Civil Aviation Safety Regulations 1998

Schedule 2 amends the Civil Aviation Safety Regulations 1998.

Amendment of Civil Aviation Regulations 1988

Schedule 3 amends the Civil Aviation Regulations 1988.

Schedule 1 Amendment of Civil Aviation Safety Regulations 1998 commencing on day after registration

(regulation 3)

[1] Dictionary, Part 1, definition of aeronautical product

omit

Schedule 2 Amendments of Civil Aviation Safety Regulations 1998 commencing on 1 October 2009

(regulation 4)

[1] Paragraph 21.200 (1A) (a)

substitute

(a)the aircraft is covered by an airworthiness directive (within the meaning of regulation 39.002); and

[2] Before regulation 39.001

insert

39.001ADefinitions

In these Regulations:

airworthiness directive means:

(a)an Australian airworthiness directive; or

(b)a foreign State of Design airworthiness directive issued on or after 1 October 2009; or

(c)for a model of aircraft that is first registered in Australia on or after 1 October 2009 — a foreign State of Design airworthiness directive issued before 1 October 2009 for that model or for an aeronautical product that is part of, or used in, that model.

Australian airworthiness directive means a document, as in force from time to time, issued by CASA under subregulation 39.001 (1).

foreign State of Design airworthiness directive, for a kind of aircraft or aeronautical product for which Australia is not the State of Design, means a document, as in force from time to time, that:

(a)is issued by the NAA of the State of Design of the aircraft or aeronautical product; and

(b)is of the same nature as an Australian airworthiness directive.

[3] Regulation 39.001, heading

substitute

39.001CASA may issue Australian airworthiness directives

[4] Subregulation 39.001 (1)

omit

CASA may issue an airworthiness

insert

For paragraph 98 (5A) (b) of the Act, CASA may issue an Australian airworthiness

[5] Subregulations 39.001 (3) to (5), including the note

omit

[6] Regulation 39.002, heading

substitute

39.002Aircraft or aeronautical products covered by airworthiness directive

[7] Regulation 39.002

omit

regulation 39.004 or 39.005,

insert

paragraph 39.004 (2) (b) or (3) (b),

[8] Paragraph 39.002 (b)

substitute

(b)the requirements of the airworthiness directive have been complied with; or

(c)the requirements of a means of compliance with the airworthiness directive, approved by CASA under paragraph 39.004 (2) (a) or (3) (a), have been complied with; or

(d)the requirements of a means of compliance with the airworthiness directive, approved by the NAA that issued the airworthiness directive, have been complied with.

[9] Regulation 39.002, note

omit

[10] After regulation 39.002

insert

39.002AAircraft that become Australian aircraft — compliance with Australian airworthiness directives

(1)This regulation applies to an aircraft of a particular model if:

(a)on or after 1 October 2009, the aircraft becomes an Australian aircraft; and

(b)the aircraft is not the first aircraft of that model to become an Australian aircraft.

(2)The requirements of an Australian airworthiness directive for the model of aircraft are taken to have been complied with in respect of the aircraft if:

(a)the requirements of a foreign State of Design airworthiness directive for the model of aircraft have been complied with in respect of the aircraft; and

(b)the requirements of the foreign State of Design airworthiness directive are equivalent to the requirements of the Australian airworthiness directive.

[11] Regulation 39.003, heading

substitute

39.003Australian aircraft covered by airworthiness directive not to be operated

[12] Subregulation 39.003 (1), note

omit

[13] Subregulation 39.003 (2), note

omit

[14] Regulations 39.004 and 39.005

substitute

39.004Approvals and exclusions in relation to airworthiness directives

(1)A person may, in writing, ask CASA for:

(a)an approval of a means of compliance other than that set out in an airworthiness directive; or

(b)an exclusion from an airworthiness directive.

Particular aircraft or aeronautical products

(2)For paragraph 98 (5A) (b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

(a)approve, for a particular aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or

(b)subject to subregulation (5) — exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive.

Kind of aircraft or aeronautical products

(3)For paragraph 98 (5A) (b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:

(a)approve, for a particular kind of aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or

(b)subject to subregulation (5) — exclude a particular kind of aircraft or aeronautical product from the operation of an airworthiness directive.

Decision making criteria

(4)When making a decision under subregulation (2) or (3), CASA must:

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

(b)if a person makes a request under subregulation (1) — have regard to any reasons given in the request.

(5)However, CASA may exclude an aircraft or aeronautical product under paragraph (2) (b) or (3) (b) only if CASA is satisfied that the unsafe condition that the airworthiness directive seeks to correct does not exist, and cannot develop, in the aircraft or aeronautical product because of a modification or repair that has been made to the aircraft or aeronautical product.

Approval or exclusion may be subject to conditions

(6)CASA may, in an instrument of approval or exclusion, provide that the approval or exclusion is subject to 1 or more specified conditions.

Operator must comply with conditions

(7)An instrument of approval or exclusion applies to a particular aircraft or aeronautical product only if the operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the approval or exclusion.

39.005Documents or things to be sent to CASA

If a foreign State of Design airworthiness directive specifies that a document or thing must be sent to an NAA, a person must, to comply with the airworthiness directive, send the document or thing to CASA.

[15] Regulation 39.006, heading

substitute

39.006Request for review of operation of Australian airworthiness directive

[16] Regulation 39.006, note

omit

[17] Subregulation 39.007 (4), note

omit

[18] Paragraph 201.004 (d)

substitute

(d)a decision refusing to grant a request made under subregulation 39.004 (1) for an instrument of approval or exclusion under subregulation 39.004 (2); or

(da)a decision refusing to grant a request made under regulation 39.006; or

[19] Dictionary, Part 1, definition of AD

omit

[20] Dictionary, Part 1, definition of airworthiness directive

substitute

airworthiness directive — see regulation 39.001A.

[21] Dictionary, Part 1, definition of CAR airworthiness directive

omit

[22] Dictionary, Part 1, after definition of standard certificate of airworthiness

insert

State of Design has the meaning given by Annex 8 to the Chicago Convention.

[23] Further amendments

*Provision*	*omit each mention of*	*insert*
Paragraph 21.200 (1A) (b)	AD	airworthiness directive
Regulation 39.002, including the note	AD	airworthiness directive
Regulation 39.003	AD	airworthiness directive
Regulation 39.006	AD	Australian airworthiness directive
Subregulations 39.007 (3) and (4)	AD	Australian airworthiness directive

Schedule 3 Amendment of Civil Aviation Regulations 1988 commencing on 1 October 2009

(regulation 5)

[1] Subregulation 2 (1), definition of airworthiness directive

omit

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See