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

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

Select Legislative Instrument 2009 No. 147

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 24 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

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

Commencement

These Regulations commence on 1 July 2009.

Amendment of Civil Aviation Safety Regulations 1998

Schedule 1 amends the Civil Aviation Safety Regulations 1998.

Schedule 1 Amendments

(regulation 3)

[1] Part 22

substitute

Part 22 Airworthiness standards for sailplanes and powered sailplanes

Note This Part is made up as follows:

22.001Airworthiness standards

22.002Incidental provisions

22.003Changes to EASA CS‑22

22.004Approvals under EASA CS‑22

22.001 Airworthiness standards

For these Regulations, the airworthiness standards for a sailplane or powered sailplane are the airworthiness standards set out in EASA CS‑22, as in force from time to time, with the changes provided under this Part.

22.002Incidental provisions

For these Regulations, the incidental provisions of EASA CS‑22, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

22.003Changes to EASA CS‑22

For this Part, a reference in EASA CS‑22 to the Agency is taken to be a reference to CASA.

22.004Approvals under EASA CS‑22

For the application of EASA CS‑22 under this Part:

(a)an approval (however described) mentioned in EASA CS‑22 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑22 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑22, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note Regulation 202.060 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

[2] Regulations 23.001 and 23.002

substitute

23.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the normal category, utility category, acrobatic category or commuter category are as follows:

(a)the airworthiness standards set out in Part 23 of the FARs, as in force from time to time, with the changes provided under this Part;

(b)the airworthiness standards set out in EASA CS‑VLA, as in force from time to time, with the changes provided under this Part;

(c)the airworthiness standards set out in EASA CS‑23, as in force from time to time, with the changes provided under this Part.

(2)An aeroplane in the normal category, utility category, acrobatic category or commuter category meets the airworthiness standards for these Regulations if the aeroplane meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b); or

(c)the standards mentioned in paragraph (1) (c).

23.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 23 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑VLA, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part; and

(c)the incidental provisions of EASA CS‑23, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[3] Regulations 23.004 and 23.005

substitute

23.004 Changes to EASA CS‑VLA

For this Part, a reference in EASA CS‑VLA to the Agency is taken to be a reference to CASA.

23.005 Changes to EASA CS‑23

For this Part, a reference in EASA CS‑23 to the Agency is taken to be a reference to CASA.

[4] Regulations 23.007 and 23.008

substitute

23.007Approvals under EASA CS‑VLA

For the application of EASA CS‑VLA under this Part:

(a)an approval (however described) mentioned in EASA CS‑VLA may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑VLA is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑VLA, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

23.008Approvals under EASA CS‑23

For the application of EASA CS‑23 under this Part:

(a)an approval (however described) mentioned in EASA CS‑23 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑23 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑23, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note Regulation 202.070 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

[5] Regulations 25.001 and 25.002

substitute

25.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for an aeroplane in the transport category are as follows:

(a)the airworthiness standards set out in Part 25 of the FARs, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C;

(b)the airworthiness standards set out in EASA CS‑25, as in force from time to time, with the changes provided under Subpart 25.B, together with the standards set out in Subpart 25.C.

(2)An aeroplane in the transport category meets the airworthiness standards for these Regulations if the aeroplane meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b).

25.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 25 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑25, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[6] Subpart 25.B, heading

substitute

Subpart 25.B Changes to FARs and EASA CS‑25

[7] Regulation 25.004

substitute

25.004Changes to EASA CS‑25

For this Part, a reference in EASA CS‑25 to the Agency is taken to be a reference to CASA.

[8] Regulation 25.006

substitute

25.006Approvals under EASA CS‑25

For the application of EASA CS‑25 under this Part:

(a)an approval (however described) mentioned in EASA CS‑25 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑25 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑25, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note Regulation 202.090 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

[9] Regulations 27.001 and 27.002

substitute

27.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the normal category are as follows:

(a)the airworthiness standards set out in Part 27 of the FARs, as in force from time to time, with the changes provided under this Part;

(b)the airworthiness standards set out in EASA CS‑27, as in force from time to time, with the changes provided under this Part.

(2)A rotorcraft in the normal category meets the airworthiness standards for these Regulations if the aircraft meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b).

27.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 27 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑27, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[10] After regulation 27.003

insert

27.003A Changes to EASA CS‑27

For this Part, a reference in EASA CS‑27 to the Agency is taken to be a reference to CASA.

[11] After regulation 27.004

insert

27.005 Approvals under EASA CS‑27

For the application of EASA CS‑27 under this Part:

(a)an approval (however described) mentioned in EASA CS‑27 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑27 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑27, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

[12] Regulations 29.001 and 29.002

substitute

29.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for a rotorcraft in the transport category are as follows:

(a)the airworthiness standards set out in Part 29 of the FARs, as in force from time to time, with the changes provided under this Part;

(b)the airworthiness standards set out in EASA CS‑29, as in force from time to time, with the changes provided under this Part.

(2)A rotorcraft in the transport category meets the airworthiness standards for these Regulations if the aircraft meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b).

29.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 29 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑29, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[13] After regulation 29.003

insert

29.003A Changes to EASA CS‑29

For this Part, a reference in EASA CS‑29 to the Agency is taken to be a reference to CASA.

[14] After regulation 29.004

insert

29.005 Approvals under EASA CS‑29

For the application of EASA CS‑29 under this Part:

(a)an approval (however described) mentioned in EASA CS‑29 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑29 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑29, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

[15] Regulation 32.001

substitute

32.001 Airworthiness standards

For these Regulations, the airworthiness standards for an aircraft engine for use in a very light aeroplane are the airworthiness standards set out in EASA CS‑22, as in force from time to time, with the changes provided under this Part.

[16] Regulation 32.002

omit

Subpart H of JAR-22, as in force on 1 October 1998,

insert

EASA CS‑22, as in force from time to time,

[17] Regulations 32.003 and 32.004

substitute

32.003 Changes to EASA CS‑22

For this Part, a reference in EASA CS‑22 to the Agency is taken to be a reference to CASA.

32.004 Approvals under EASA CS‑22

For the application of EASA CS‑22 under this Part:

(a)an approval (however described) mentioned in EASA CS‑22 may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑22 is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑22, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

Note Regulation 202.140 sets out transitional arrangements in relation to approvals given under this Part as in force before 1 July 2009.

[18] Regulations 33.001 and 33.002

substitute

33.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft engine, other than an aircraft engine for use in a very light aeroplane, are as follows:

(a)the airworthiness standards set out in Part 33 of the FARs, as in force from time to time, with the changes provided under this Part;

(b)the airworthiness standards set out in EASA CS‑E, as in force from time to time, with the changes provided under this Part.

(2)An aircraft engine, other than an aircraft engine for use in a very light aeroplane, meets the airworthiness standards for these Regulations if the engine meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b).

33.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 33 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑E, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[19] After regulation 33.003

insert

33.003A Changes to EASA CS‑E

For this Part, a reference in EASA CS‑E to the Agency is taken to be a reference to CASA.

[20] After regulation 33.004

insert

33.005 Approvals under EASA CS‑E

For the application of EASA CS‑E under this Part:

(a)an approval (however described) mentioned in EASA CS‑E may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑E is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑E, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

[21] Regulations 35.001 and 35.002

substitute

35.001 Airworthiness standards

(1)For these Regulations, subject to subregulation (2), the airworthiness standards for an aircraft propeller are as follows:

(a)the airworthiness standards set out in Part 35 of the FARs, as in force from time to time, with the changes provided under this Part;

(b)the airworthiness standards set out in EASA CS‑P, as in force from time to time, with the changes provided under this Part.

(2)An aircraft propeller meets the airworthiness standards for these Regulations if it meets:

(a)the standards mentioned in paragraph (1) (a); or

(b)the standards mentioned in paragraph (1) (b).

35.002 Incidental provisions

For these Regulations:

(a)the incidental provisions of Part 35 of the FARs, as in force from time to time, apply to the operation of the airworthiness standards in that Part, with the changes provided under this Part; and

(b)the incidental provisions of EASA CS‑P, as in force from time to time, apply to the operation of the airworthiness standards in that instrument, with the changes provided under this Part.

[22] After regulation 35.003

insert

35.003A Changes to EASA CS‑P

For this Part, a reference in EASA CS‑P to the Agency is taken to be a reference to CASA.

[23] After regulation 35.004

insert

35.005 Approvals under EASA CS‑P

For the application of EASA CS‑P under this Part:

(a)an approval (however described) mentioned in EASA CS‑P may be given by CASA; and

(b)CASA may suspend or cancel an approval given under paragraph (a) if it is necessary in the interests of aviation safety; and

(c)an approval (however described) given by or for EASA under EASA CS‑P is taken to have been given by CASA under these Regulations; and

(d)for these Regulations, CASA may suspend or cancel an approval given by or for EASA under EASA CS‑P, as if it had been given by CASA, if it is necessary in the interests of aviation safety.

[24] Subpart 202.AK

substitute

Subpart 202.AK Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)

202.060 Approvals under airworthiness instruments in force before 1 July 2009

(1)Despite the amendments of Part 22 taking effect on 1 July 2009:

(a)an approval that:

(i)was given by CASA under a repealed provision; and

(ii)was in effect immediately before 1 July 2009;

has effect on and after 1 July 2009 as if those amendments had not been made; and

(b)CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

(2)In this regulation:

repealed provision means regulation 22.006, 22.007, 22.008 or 22.009 as in force immediately before 1 July 2009.

[25] Subpart 202.AL

substitute

Subpart 202.AL Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)

202.070 Approvals under airworthiness instruments in force before 1 July 2009

(1)Despite the amendments of Part 23 taking effect on 1 July 2009:

(a)an approval that:

(i)was given by CASA under a repealed provision; and

(ii)was in effect immediately before 1 July 2009;

has effect on and after 1 July 2009 as if those amendments had not been made; and

(b)CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

(2)In this regulation:

repealed provision means regulation 23.007 or 23.008 as in force immediately before 1 July 2009.

[26] Subpart 202.AN

substitute

Subpart 202.AN Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)

202.090 Approvals under airworthiness instruments in force before 1 July 2009

(1)Despite the amendments of Part 25 taking effect on 1 July 2009:

(a)an approval that:

(i)was given by CASA under the former regulation 25.006; and

(ii)was in effect immediately before 1 July 2009;

has effect on and after 1 July 2009 as if those amendments had not been made; and

(b)CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

(2)In this regulation:

the former regulation 25.006 means regulation 25.006 as in force immediately before 1 July 2009.

[27] Subpart 202.AU

substitute

Subpart 202.AU Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)

202.140 Approvals under airworthiness instruments in force before 1 July 2009

(1)Despite the amendments of Part 32 taking effect on 1 July 2009:

(a)an approval that:

(i)was given by CASA under the former regulation 32.004; and

(ii)was in effect immediately before 1 July 2009;

has effect on and after 1 July 2009 as if those amendments had not been made; and

(b)CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.

(2)In this regulation:

the former regulation 32.004 means regulation 32.004 as in force immediately before 1 July 2009.

[28] Dictionary, Part 1, definition of JAR

omit

[29] Dictionary, Part 1, after definition of unpowered aircraft

insert

very light aeroplane means an aeroplane of a kind mentioned in clause CS‑VLA 1 of EASA CS‑VLA, as in force from time to time.

[30] Dictionary, Part 2, clause 45

substitute

References to EASA certification specifications

In these Regulations, a reference to EASA, followed by the letters CS, a hyphen and a number, letter or letters, is a reference to the certification specifications, including airworthiness codes and acceptable means of compliance, produced by EASA and identified by that number, letter or letters.

Note

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