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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.029B

Issue of type acceptance certificates subject to conditions

  (1)   CASA may issue a type acceptance certificate under regulation   21.029A subject to a condition that is substantially the same as a condition imposed by the national aviation authority of a recognised country on the corresponding foreign type certificate.

  (2)   Also, CASA may issue a type acceptance certificate subject to other conditions if:

  (a)   there are reasonable grounds for believing that issuing the certificate without imposing conditions or taking other measures would constitute a significant threat to aviation safety; and

  (b)   CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and

  (c)   CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and

  (d)   there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and

  (e)   there are no other practicable means of substantially reducing the threat to aviation safety.

  (3)   A condition may include operational limitations.

  (4)   A condition must be in writing, and set out in, or attached to, the type acceptance certificate.

  (5)   A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.

Penalty:   50 penalty units.

  (6)   An offence against subregulation   (5) is an offence of strict liability.

Note:   The power of CASA to issue a type acceptance certificate subject to a condition under subregulation   (2) must be exercised by the Director personally: see paragraph   11.260(2)(b).


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