Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 3321

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Civil Aviation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Civil Aviation Act 1988.

Dated 11 October, 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command.

Bob Collins.

Minister of State for Shipping and Aviation Support

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Principal Regulations

1. In these Regulations. “Principal Regulations” means the Civil Aviation Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by inserting in subregulation (1) the following definition:

“ ‘certificate of type approval’ means a certificate issued under regulation 22 or 22a’”.

3. After regulation 20 of the Principal Regulations the following regulations are inserted in Division 1 of Part IV:

 

(S.R. 202/90)—Cat. No. 14/21.9.1990

 

Interpretation—recognised authority

“20a. For the purposes of this Division, an authority is a recognised authority in relation to a particular country only if the authority is declared to be a recognised authority in relation to the country by a declaration in force under regulation 20b.

Authority may declare recognised authorities

“20b. (1) The Authority may in writing, declare a foreign authority that has functions in relation to the certification of the suitability of aircraft for aeronautical purposes to be a recognised authority in relation to a specified country for the purposes of this Division.

“(2) The Authority may include in a declaration in relation to a foreign authority a statement that the declaration also has effect in relation to documents issued by the foreign authority before the making of the declaration.

“(3) If the Authority includes a statement under subregulation (2) in a declaration, this Division applies to documents issued by the foreign authority before the making of the declaration as if the foreign authority were a recognised authority when the documents were issued.

“(4) A declaration must be published in the Gazette within 21 days after it is made.”.

Certificate of type approval—non-automatic issue

4. Regulation 22 of the Principal Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulations:

“(1) Subject to subregulation (1a). a person may apply to the Authority for the issue of a certificate of type approval under this regulation in respect of a type of aircraft or aircraft component.

“(1a) An application under subregulation (1) must not be made in respect of a type of aircraft that is manufactured in a country other than Australia if there is a recognised authority in relation to the country.’”;

(b) by omitting from paragraph (2) (d) “to the applicant”:

(c) by omitting subregulations (3) and (4).

5. After regulation 22 of the Principal Regulations the following regulations are inserted:

Certificate of type approval for aircraft manufactured outside Australia—automatic issue

“22a. (1) A person may apply to the Authority for the issue of a certificate of type approval under this regulation in respect of a type of aircraft if:

 

(a) the type of aircraft is manufactured in a country other than Australia; and

(b) a recognised authority of the country, or of another country, has issued a type certificate, or a document to substantially the same effect as a type certificate, in respect of the type of aircraft: and

(c) that certificate or document is still in force.

“(2) Subject to regulation 22e, if an applicant provides the Authority with copies, authenticated to the satisfaction of the Authority, of:

(a) the certificate or document referred to in paragraph (1) (b): and

(b) such other documents as the Authority requires relating to the particulars of an aircraft of that type:

the Authority must:

(c) mark the copies as having been accepted by the Authority and as being authentic copies for the purpose of this regulation: and

(d) issue a certificate of type approval for the type of aircraft.

“(3) The Authority may require an applicant to give to the Authority documents setting out particulars of an aircraft that is:

(a) of the type concerned; and

(b) in a state in which the recognised authority concerned would allow it to fly without special permission.

Automatically issued certificates of type approval—imposition of conditions

“22b. (1) Subject to subregulation (2). for the purpose of ensuring the safety of air navigation the Authority may issue a certificate of type approval under regulation 22a subject to conditions.

“(2) The Authority must not issue a certificate subject to a condition unless a recognised authority has imposed a condition to substantially the same effect in relation to aircraft of the type concerned.

“(3) If the Authority imposes a condition, the condition must be included in the certificate of type approval.

Certificate of recognised authority—suspension or cancellation

“22c. If:

(a) a certificate of type approval has been issued under regulation 22a:and

(b) the person who applied for the issue of the certificate becomes aware that the certificate or other document referred to in paragraph 22a(1) (b) has been suspended or cancelled:

the person must, within 7 days of becoming so aware, advise the Authority, in writing, of the suspension or cancellation.

 

Suspension and cancellation of certificates of type approval

“22d. (1) If the Authority is satisfied that:

(a) there is a defect in the design of aircraft, or aircraft components, of the type to which a certificate of type approval relates: and

(b) the defect is of such a kind as to affect the safety of aircraft of that type or of aircraft in which arc fitted aircraft components of that type, or to make the aircraft a danger to person or property;

the Authority may suspend or cancel the certificate of type approval.

“(2) If:

(a) a certificate of type approval has been issued under regulation 22a: and

(b) the certificate or other document referred to in paragraph 22a (1) (b) is suspended or cancelled:

the Authority may suspend or cancel the certificate of type approval.

Automatic issue not to apply in certain cases

“22e. (1) If the Authority is satisfied that a certificate or document referred to in paragraph 22a (1) (b) does not provide a reliable guide that the type of aircraft concerned is suitable for aeronautical purposes:

(a) the Authority must not issue a certificate of type approval under regulation 22a for the type of aircraft: and

(b) the application in relation to the type of aircraft is taken to have been made under regulation 22: and

(c) subject to regulation 22, the Authority may issue a certificate of type approval under that regulation in relation to the type of aircraft.

“(2) The Authority must notify the applicant in writing that the application is to be dealt with under regulation 22.

Notification of issue, suspension or cancellation of certificate of type approval

“22f. If the Authority issues, suspends or cancels a certificate of type approval, the Authority must publish a notice of the issue, suspension or cancellation in the Gazette.”.

Authority may notify that certificate of type approval etc. a prerequisite for certificate of airworthiness

6. Regulation 23 of the Principal Regulations is amended by omitting “issued under regulation 22”.

Certificate of airworthiness of Australian aircraft

7. Regulation 24 of the Principal Regulations is amended by omitting subparagraphs (2) (c) (i) and (ii) and substituting the following subparagraphs:

 

“(i) if there is a certificate of type approval under regulation 22 in force in respect of the type of aircraft concerned—the drawings and specifications approved under regulation 22 in respect of that type or to the extent that those drawings and specifications have been superseded by other drawings and specifications approved under regulation 35 those other drawings and specifications: or

(ii) if there is a certificate of type approval under regulation 22a in force in respect of the type of aircraft concerned—the particulars of aircraft of the type concerned included in the documents provided in relation to the application under subregulation 22a (2) or to the extent that any of those particulars have been modified by an approval under regulation 35 those particulars as so modified: or

(iii) in any other case—any design standard in force under regulation 21, and any drawings and specifications approved by the Authority, in respect of the type of aircraft concerned:”.

Conditions of certificate of airworthiness

8. Regulation 25 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

“(1a) If:

(a) a certificate of type approval is issued subject to a condition: and

(b) a certificate of airworthiness is issued, renewed or validated in respect of an aircraft of that type:

the certificate of airworthiness has effect as if it had been issued subject to that condition.”.

Approval of design of modification or repair

9. Regulation 35 of the Principal Regulations is amended:

(a) by omitting from paragraph (2) (b) “in force under regulation 21”:

(b) by adding at the end the following subregulation:

“(8) In this regulation:

‘design standard’ means:

(a) a design standard in force under regulation 21: or

(b) a foreign design standard identified in a certificate of type approval issued under regulation 22a as applicable to aircraft of the type to which the certificate relates.”.

 

Transitional

10. The Authority may for the purposes of the Principal Regulations as in force after the commencement of this regulation, treat a document issued by it before that commencement in relation to a type of aircraft manufactured in a country other than Australia as if the document were a certificate of type approval under regulation 22.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 October, 1990.

2. Statutory Rules 1988 No. 158 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 100 and see also Statutory Rules 1990 Nos. 100, 215, 216, 258 and 260, 289, 310 and 331.

 

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