Civil Aviation Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting
with advice of the Federal Executive Council, make the following Regulations
under the
Dated 18 June 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister of State for Transport and Communications
for and on behalf of the
Minister of State for Shipping and Aviation Support
1.1 The Civil Aviation Regulations are amended as set out in this Part.
[NOTE
2.1 Subregulation 6a (3):
Add at the foot of the subregulation:
“Penalty for a contravention of subregulation (3): $100.”.
3.1 Paragraph 42q (b):
After “Authority”, insert “or an authorised person”.
4.1 Subparagraph 42w (5) (a) (v):
“overhauled”, insert “after 1 March 1992”.
4.2 Subparagraph 42w (5) (a) (vi):
After “on the component”, insert “after 1 March 1992”.
5.1 Subregulation 42x (1):
Omit “the aircraft unless the”, insert “an aircraft unless the person satisfies the Authority or an authorised person that the material is suitable for use in the maintenance of the aircraft or the”.
6.1 Subregulation 42zc (1):
Omit the subregulation and the penalty.
6.2 Subregulation 42zc (2):
After the penalty at the foot of the subregulation, insert:
“[NOTE: See subsection 20ab (2)
of the
7.1 Add at the end:
If a person who has an approved system of certification of completion of maintenance becomes aware that the system is no longer appropriate or is defective, the person must, as soon as practicable, make a request under subregulation (1), for the Authority or an authorised person to approve a proposed change to the system that will ensure that the system is appropriate, or is not defective, as the case requires.
Penalty: $2,500.
The Authority may, under regulation 38, direct a person who has an approved system of certification of completion of maintenance:
to make:
(i) a specified change to the system; or
(ii) a change to the system that will correct a specified deficiency in the system; and
(b) to submit the proposed change to the Authority or an authorised person for approval.”.
8.1 After regulation 43, insert:
“43a. (1) The Authority or an authorised person may, at all reasonable times, inspect a maintenance release, or a copy of a maintenance release, for an aircraft.
A person who has possession or custody of a maintenance release, or a copy of a maintenance release, must make it available for inspection by the Authority or an authorised person at the request of the Authority or the authorised person.
Penalty: $2,500.”.
9.1 Subregulation 50b (3):
Omit “registered owner”, substitute “holder of the certificate of registration”.
9.2 Subregulation 50b (4):
Omit “registered owner”, substitute “holder of the certificate of registration”.
10.1 Regulation 55a:
Omit the regulation, substitute:
“55a. A student pilot who, in the course of receiving flying instruction, performs a duty essential to the operation of an Australian aircraft during flight time, is not required to hold a licence or a medical certificate under this Part.
[NOTE: See subsection 20ab (1)
of the
11.1 Paragraph 133 (1) (b):
Omit the paragraph.
11.2 Paragraph 133 (1) (c):
Omit “there is in force in respect of it a maintenance release issued by virtue of paragraph 43 (7) (a) covering the period of the flight and”.
11.3 Subregulation 133 (1):
After the penalty at the foot of the subregulation, insert:
“[NOTE: See subsections 20aa (3)
and (4) of the
11.4 Subregulation 133 (3):
Omit the subregulation and penalty, substitute:
“[NOTE: See subsection 20aa (1)
of the
12.1 Subregulation 134 (1):
Omit “, on the application of a person,”.
12.2 Subregulation 134 (3):
Omit the subregulation, substitute:
If the Authority or an authorised person gives permission under subregulation (1) to fly an aircraft, the Authority or authorised person may direct that, while the permission is in force, all or any of the following apply to the aircraft:
the aircraft is not required to be registered ;
(b) the aircraft may be flown without a certificate of airworthiness;
the aircraft may be flown without a maintenance release;
paragraph 133 (1) (a) does not apply to the aircraft;
paragraph 133 (1) (c) does not apply to the aircraft;
paragraph 133 (1) (d) does not apply to the aircraft;
regulation 139 does not apply to the aircraft.”.
13.1 After subregulation 138 (1), insert:
“(1aa) An authorised person may prepare and issue alterations to a flight manual for an Australian aircraft.”.
14.1 Paragraph 139 (1) (d):
Before “the licences”, insert “unless the Authority otherwise approves,”.
15.1 Paragraph 139 (1) (h):
Omit “and” (last occurring).
15.2 Paragraph 139 (1) (i):
Omit the paragraph.
16.1 Subparagraph 206 (a) (vi):
After “training”, insert “(other than training under paragraph 134 (1) (bb))”.
16.2 Subparagraph 206 (b) (i):
After “passengers”, insert “(other than carriage under paragraph 134 (1) (bc))”.
17.1 Paragraph 215 (3) (a):
After “information”, insert “, procedures and instructions”.
17.2 Paragraph 215 (3) (b):
After “information”, insert “, procedures and instructions”.
18.1 Paragraph 233 (1) (h):
Omit “the aeronautical”, substitute “the latest editions of the aeronautical”.
19.1 Subregulation 234 (3):
Omit “Penalty: $5,000.”.
20.1 After regulation 256, insert:
“256aa. A person in an aircraft must not behave in an offensive and disorderly manner.
Penalty: $5,000.”.
21.1 Subregulation 264 (1):
After paragraph (b) add:
“(ba) that a court has made an order under section 30a of the Act in relation to the applicant; or”.
22.1 Subparagraph 295 (1) (b) (i):
Omit “is” (first occurring).
23.1 Subparagraph 296d (a) (iii):
Omit “officer” (wherever occurring), substitute “person”.
23.2 Subparagraph 296d (b) (ii):
Omit “authorised officer”, substitute “authorised person”.
24.1 Subregulation 297a (1) (paragraph (f) of the definition of
Omit “a certification”, substitute “of certification”.
24.2 Subregulation 297a (1) (paragraph (j) of the definition of
Omit the paragraph, substitute:
“(j) a decision by the Authority under subregulation 42zs (2) to grant or approve an exemption or variation mentioned in paragraph (h) subject to conditions.”.
25.1 Part 2, item 2.6 (paragraph (b) of the
definition of
Omit “2750”, substitute “5700”.
25.2 Part 2, item 2.6 (paragraph (c) of the
definition of
Omit the paragraph, substitute:
“(c) that is only used in private operations by:
(i) the owner of the aircraft; or
(ii) a person to whom the owner has provided the aircraft without receiving any remuneration from the person.”.
25.3 Part 2, item 2.7 (Table of Actions Included in a Periodic Inspection, section 1, item (2) (d)):
Omit “lires”, substitute “wires”.
26.1 Part 2, note to item 2.2:
Omit “42c”, substitute “42zc”.
26.2 Part 2, item 2.5:
Omit paragraph (d).
26.3 Part 4, item 4.4:
Omit paragraph (r).
26.4 Part 4, item 4.5:
Omit paragraph (a).
26.5 Part 4, item 4.6:
Omit “and” from paragraph (c).
26.6 Part 4, item 4.6:
Omit paragraph (d).
27.1 Omit the heading, substitute:
27.2 Item 21:
Omit “or engine control system”.
28.1 A permission that was given under subregulation 134 (1) of the Civil Aviation Regulations and in force, or purporting to be in force, immediately before the commencement of these Regulations continues in force, or is taken to be in force, after the commencement as if it were a permission given under subregulation 134 (1) of the Civil Aviation Regulations as amended by these Regulations.
28.2 A permission to which subregulation 28.1 applies, continues in force subject to any condition to which it was subject immediately before the commencement of these Regulations.
29.1 This Part is taken to have commenced on 1 March 1992.
30
31.1 Omit “42n (2)”, substitute “42m (2)”.
32.1 Subregulation 44 (1):
Omit “36a (2) (b)”, substitute “36a (3) (b)”.
32.2 Subregulation 44 (2):
Omit “paragraph 36a (1)”, substitute “subregulation 36a (2)”.
1. Notified in the
Commonwealth of Australia Gazette on 25 June 1992.2. 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; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; and 1992 No. 36.
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