(1) For the definition of aeronautical product in section 3 of the Act, a part or material that is part of or used in an aircraft is excluded if:
(a) the part or material:
(i) is not mentioned in the approved design for the aircraft; and
(ii) is not approved in a manner mentioned in regulation 21.305 or 21.305A; or
(b) the part or material is mentioned in a legislative instrument issued under subclause (2).
(2) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that specifies that a part or material is excluded from the definition of aeronautical product in section 3 of the Act.