Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to the design if:
(a) the application is made to an authorised person or approved design organisation; and
(b) the design is for a modification of or repair to:
(i) an aircraft that is type certificated in the restricted category; or
(ii) an aircraft mentioned in subregulation 21.185(3A); and
(c) the authorised person or approved design organisation is satisfied that a proposed airworthiness standard for the design is inappropriate for the purpose for which the aircraft is to be used.
(2) The authorised person or approved design organisation may determine that the airworthiness standard does not apply to the design.
(3) The authorised person or approved design organisation must give CASA written notice of the determination.
(4) CASA must:
(a) decide whether or not CASA agrees with the determination; and
(b) give the authorised person or approved design organisation written notice of its decision.
(5) If CASA agrees with the determination, the authorised person or approved design organisation must give the applicant written notice of the determination and of CASA's agreement with the determination.