Commonwealth Numbered Regulations

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1990 No. 332 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 5

5. After regulation 22 of the Principal Regulations the following regulations
are inserted: Certificate of type approval for aircraft manufactured outside
Australia - automatic issue

"22A. (1) A person may apply to the Authority for the issue of a certificate
of type approval under this regulation in respect of a type of aircraft if:

   (a)  the type of aircraft is manufactured in a country other than
        Australia; and

   (b)  a recognised authority of the country, or of another country, has
        issued a type certificate, or a document to substantially the same
        effect as a type certificate, in respect of the type of aircraft; and

   (c)  that certificate or document is still in force.

"(2) Subject to regulation 22E, if an applicant provides the Authority with
copies, authenticated to the satisfaction of the Authority, of:

   (a)  the certificate or document referred to in paragraph (1) (b); and

   (b)  such other documents as the Authority requires relating to the
        particulars of an aircraft of that type; the Authority must:

   (c)  mark the copies as having been accepted by the Authority and as being
        authentic copies for the purpose of this regulation; and

   (d)  issue a certificate of type approval for the type of aircraft.

"(3) The Authority may require an applicant to give to the Authority documents
setting out particulars of an aircraft that is:

   (a)  of the type concerned; and

   (b)  in a state in which the recognised authority concerned would allow it
        to fly without special permission. Automatically issued certificates
        of type approval-imposition of conditions

"22B. (1) Subject to subregulation (2), for the purpose of ensuring the safety
of air navigation the Authority may issue a certificate of type approval under
regulation 22A subject to conditions.

"(2) The Authority must not issue a certificate subject to a condition unless
a recognised authority has imposed a condition to substantially the same
effect in relation to aircraft of the type concerned.

"(3) If the Authority imposes a condition, the condition must be included in
the certificate of type approval. Certificate of recognised authority -
suspension or cancellation

"22C. If:

   (a)  a certificate of type approval has been issued under regulation 22A;
        and

   (b)  the person who applied for the issue of the certificate becomes aware
        that the certificate or other document referred to in paragraph 22A
        (1) (b) has been suspended or cancelled; the person must, within 7
        days of becoming so aware, advise the Authority, in writing, of the
        suspension or cancellation. Suspension and cancellation of
        certificates of type approval

"22D. (1) If the Authority is satisfied that:

   (a)  there is a defect in the design of aircraft, or aircraft components,
        of the type to which a certificate of type approval relates; and

   (b)  the defect is of such a kind as to affect the safety of aircraft of
        that type or of aircraft in which are fitted aircraft components of
        that type, or to make the aircraft a danger to person or property; the
        Authority may suspend or cancel the certificate of type approval.

"(2) If:

   (a)  a certificate of type approval has been issued under regulation 22A;
        and

   (b)  the certificate or other document referred to in paragraph 22A (1) (b)
        is suspended or cancelled; the Authority may suspend or cancel the
        certificate of type approval. Automatic issue not to apply in certain
        cases

"22E. (1) If the Authority is satisfied that a certificate or document
referred to in paragraph 22A (1) (b) does not provide a reliable guide that
the type of aircraft concerned is suitable for aeronautical purposes:

   (a)  the Authority must not issue a certificate of type approval under
        regulation 22A for the type of aircraft; and

   (b)  the application in relation to the type of aircraft is taken to have
        been made under regulation 22; and

   (c)  subject to regulation 22, the Authority may issue a certificate of
        type approval under that regulation in relation to the type of
        aircraft.

"(2) The Authority must notify the applicant in writing that the application
is to be dealt with under regulation 22. Notification of issue, suspension or
cancellation of certificate of type approval

"22F. If the Authority issues, suspends or cancels a certificate of type
approval, the Authority must publish a notice of the issue, suspension or
cancellation in the Gazette.". 


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