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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.435

Grant of modification/repair design approvals--grant by CASA

  (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.


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