Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person may apply to CASA, an authorised person or a relevant approved design organisation for approval of a defect in an Australian aircraft as a permissible unserviceability for the aircraft.
Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations--see regulation 11.030.
Note 2: See Part 11 for other matters relating to applications and decisions.
(2) Subject to regulation 11.055, CASA or the authorised person or approved design organisation must, for the purpose of these Regulations, approve the defect as a permissible unserviceability for the aircraft if satisfied that the aircraft, with the defect, meets the applicable airworthiness standards mentioned in subregulation (3).
Note: Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.
(3) For subregulation (2), the applicable airworthiness standards are:
(a) for an aircraft for which there is a type certificate:
(i) the airworthiness standards mentioned in the type certificate and any special conditions to which the type certificate is subject under regulation 21.016; or
(ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards and any special conditions to which the type certificate is subject under regulation 21.016; and
(b) for an aircraft for which there is a type acceptance certificate:
(i) the airworthiness standards mentioned in the type acceptance certificate and any conditions to which the type acceptance certificate is subject under regulation 21.029B; or
(ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards and any special conditions to which the type acceptance certificate is subject under regulation 21.029B; and
(c) for a non - type - certificated aircraft:
(i) the airworthiness standards that applied to the original certification (however described) of the aircraft; or
(ii) if the application states that the applicant elects to comply with a later version of those standards--that version of the standards.
(4) An approval ceases to have effect at the earliest of the following times:
(a) if a cessation day (not later than 1 year after the day the approval is given) is stated in the approval--the end of that day;
(b) if a maximum amount of flight time is stated in the approval--when the aircraft has been flown for that amount of flight time;
(c) if a maximum number of flights is stated in the approval--when the aircraft has been flown for that number of flights;
(d) the end of 1 year after the approval is given.