(1) This regulation applies if an application for a modification/repair design approval is made to CASA.
(2) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that:
(a) the requirements mentioned in subregulation (4) are met; and
(b) the design complies with the applicable airworthiness standards for the design.
(2A) For paragraph (2)(b), CASA is taken to be satisfied that a design complies with the applicable airworthiness requirements for the design if an approved design organisation has given CASA a certificate to that effect under subregulation 21.420(5).
(3) Subject to regulation 11.055, CASA must grant the approval if CASA is satisfied that:
(a) the requirements mentioned in subregulation (4) are met; and
(b) the design does not comply with the applicable airworthiness standards for the design; but
(c) for each standard with which the design does not comply--the failure to comply with the standard is compensated for by factors that provide a level of safety that is equivalent to the level of safety provided by the standard.
(4) For paragraphs (2)(a) and (3)(a), the requirements are that:
(a) the applicant has complied with regulations 21.420 and 21.425; and
(b) if CASA has given notice to the applicant under subregulation 21.430(1)--the applicant has complied with subregulations 21.430(2), (3) and (4); and
(c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and
(d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use.
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.