Civil Aviation Safety Amendment Regulations 2003 (No. 1) (Cth)

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Civil Aviation Safety Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2972

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 20 November 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

These Regulations are the Civil Aviation Safety Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of Civil Aviation Safety Regulations 1998

Schedule 1 amends the Civil Aviation Safety Regulations 1998.

Schedule 1Amendments

(regulation 3)

  

[1]After subregulation 21.133 (2)

insert

  1. (2A)

    A person is also eligible to apply for a production certificate for a Class II or Class III product if:

    1. (a)

      the product is an aircraft component of a type in respect of which a certificate of type approval is in force; and

    2. (b)

      the person is lawfully manufacturing the component or is proposing to manufacture the component and is entitled to do so.

  2. (2B)

    A person is also eligible to apply for a production certificate to manufacture a Class II or Class III product on a one-off basis for supply to:

    1. (a)

      the holder of a certificate of approval engaged in the maintenance of an aircraft for installation in or on the aircraft; or

    2. (b)

      the operator of an aircraft or the owner of an aircraft, aircraft engine or propeller for installation in or on the aircraft, aircraft engine or propeller.

[2]Paragraph 21.143 (1A) (d)

substitute

  1. (d)

    for a product other than a Class II or Class III product referred to in subregulation 21.133 (2B), an outline of the materials review system, the procedure for recording decisions of the Materials Review Board and for disposing of rejected parts;

[3]Subregulation 21.145 (1)

omit

The holder of a production certificate must:

insert

The holder of a production certificate (other than a production certificate referred to in subregulation 21.133 (2B)) must:

[4]Paragraph 21.151 (b)

substitute

  1. (b)

    for a Class II or Class III product (other than a Class II or Class III product referred to in subregulation 21.133 (2B)) or an unapproved Class I product — the product design of each product authorised to be manufactured under the production certificate; and

  2. (c)

    for a Class II or Class III product referred to in subregulation 21.133 (2B) — a description of each product authorised to be manufactured under the production certificate.

[5]Subregulation 21.303 (1), at the foot

insert

Penalty: 50 penalty units.

[6]Paragraph 21.303 (2) (d)

substitute

  1. (d)

    parts produced under an ATSO authorisation;

[7]Paragraph 21.303 (3) (d)

omit

furnished.

insert

furnished;

[8]After paragraph 21.303 (3) (d)

insert

  1. (e)

    subject to subregulation (3A), a copy of the system that the applicant proposes to use, if granted an APMA, to comply with the requirements of subregulation 21.303 (11).

[9]After subregulation 21.303 (3)

insert

  1. (3A)

    An applicant is not required to include a copy of the system referred to in paragraph 21.303 (3) (e) if the applicant has previously given CASA a copy of the same version of the system.

[10]Subregulation 21.303 (4)

substitute

  1. (4)

    An applicant is entitled to an APMA for a replacement or modification part if:

    1. (a)

      following examination of the design, or on the basis of design data for the design approved by CASA or an authorised person, CASA is satisfied that the design meets the airworthiness requirements of these Regulations applicable to the aircraft, aircraft engine or propeller on which the part is to be installed; and

    2. (b)

      the applicant will, if the APMA were to be granted, be able to comply with the requirements of subregulation (11).

[11]Subregulation 21.303 (11)

omit

must include procedures to ensure that:

insert

must be documented and include procedures to ensure that:

[12]After subregulation 21.303 (13)

insert

  1. (13A)

    The holder of an APMA must, within 2 days after the day when any change is made to the holder’s fabrication inspection system that may affect the inspection, conformation to design data or airworthiness of a part to which the APMA relates, tell CASA in writing of the change.

[13]Before regulation 21.305

insert

21.304Conditions of an APMA

  1. (1)

    CASA may issue an APMA subject to any conditions that CASA considers necessary in the interests of the safety of air navigation.

  2. (2)

    A condition must be set out in the APMA or in a document attached to the APMA.

  3. (3)

    The holder of an APMA must not contravene a condition subject to which his or her APMA is issued.

Penalty: 50 penalty units.

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

21.304AChanges to an APMA

  1. (1)

    The holder of an APMA may apply in writing to CASA to approve a change to any of the particulars specified in the APMA, including a condition of the APMA.

  2. (2)

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

  3. (3)

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

[14]Subregulation 21.605 (4)

omit

duplicate

[15]Subregulation 21.613 (3)

omit

CASA.

insert

CASA within 30 days after ceasing that manufacture.

[16]Part 21, Division 21.Q.4, heading

substitute

Division 21.Q.4Aircraft parts

[17]Regulation 21.860, except the note

substitute

21.860Applicability of this Division

This Division applies to:

  1. (a)

    an aircraft part produced under an APMA, after the commencement of this Subpart; and

  2. (b)

    a modification or replacement part referred to in paragraph 21.303 (2) (a) or (c) and produced after 30 November 2003; and

  3. (c)

    a Class II or Class III product produced under a production certificate that is referred to in regulation 21.133 (2A) or (2B).

[18]Regulation 21.865, heading

substitute

21.865Identification of parts produced under an APMA

[19]Regulation 21.870, heading

substitute

21.870Identification of parts produced under an APMA if marking is impracticable

[20]After regulation 21.870

insert

21.875Identification of other aircraft parts

  1. (1)

    Subject to regulation 21.880, the manufacturer of a part or product mentioned in paragraphs 21.860 (b) or (c) must legibly and permanently mark on each of those parts or products produced, the following information:

    1. (a)

      the trade mark of or name of the manufacturer;

    2. (b)

      the part number of the part or product.

Penalty: 20 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

  2. (3)

    The information must be marked in a way that ensures that it is not likely to be defaced.

21.880Identification of other aircraft parts — other than by marking

  1. (1)

    Subregulation (2) applies to a part or product to which regulation 21.875 applies if, because of the shape, size or nature of the part or product, it is impracticable to mark on the part or product the information required by regulation 21.875.

  2. (2)

    If this subregulation applies to a part or product, the manufacturer of the part or product need not comply with regulation 21.875.

  3. (3)

    The manufacturer of a Class II or Class III product referred to in paragraph 21.860 (c) must include the information required by paragraphs 21.875 (1) (a) and (b) in the authorised release certificate supplied with the product or the container of the product.

Notes

1. These Regulations amend 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 and 240.

2. Notified in the Commonwealth of Australia Gazette

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