Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if an application for a modification/repair design approval is made to an authorised person or approved design organisation.
(2) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if the authorised person or approved design organisation 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.
(3) Subject to regulation 11.055, the authorised person or approved design organisation must grant the approval if:
(a) the authorised person or approved design organisation is satisfied that the requirements mentioned in subregulation (4) are met; and
(b) the authorised person or approved design organisation is not satisfied that the design complies with the applicable airworthiness standards for the design; but
(c) for each standard with which the authorised person or approved design organisation is not satisfied that the design complies:
(i) the authorised person or approved design organisation has made, and CASA has agreed with, a determination under paragraph 21.436(2)(a) that the non - compliance is compensated for by factors that provide an equivalent level of safety; or
(ii) CASA has made a determination under subregulation 21.436(6) that the non - compliance is compensated for by factors that provide an equivalent level of safety.
(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 the authorised person or approved design organisation 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.