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(9) CASA must return an aircraft welding authority to its holder as soon
as practicable after a request to approve a change is decided.
(10) A change:
(a) has no effect unless approved; and
(b) takes effect on the date of approval.
Civil Aviation Regulations 1988 67
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
33I Conditions of aircraft welding authority
(1) An aircraft welding authority is subject to any conditions that CASA
considers necessary to impose in the interests of the safety of air
navigation.
(2) A condition must be set out in the aircraft welding authority.
(3) The holder of an aircraft welding authority must not contravene a
condition set out in the authority.
Penalty: 50 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) It is a defence to a prosecution under subregulation (3) if the defendant
had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (5) (see subsection 13.3 (3) of the Criminal Code).
68 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 4 Miscellaneous
34 Systems of certification of completion of activities other than
maintenance
(1) CASA may give a direction to the holder of a certificate of approval
covering activities, other than the maintenance of aircraft, aircraft
components or aircraft materials, requiring the holder to submit to
CASA a proposed system of certification of the completion of stages
of the activities to which the certificate of approval relates.
(2) Where a person submits a proposed system of certification under
subregulation (1), CASA may approve the proposed system, with or
without modifications, and direct the person to institute the system as
so approved.
(3) CASA may give a direction to a person referred to in subregulation (1)
requiring him or her, in carrying out any activities to which the
certificate of approval relates, to institute such system of certification
of the completion of stages of those activities as CASA specifies in the
direction.
(3A) A person must not contravene a direction under subregulation (1), (2)
or (3).
Penalty: 25 penalty units.
(3B) An offence against subregulation (3A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3C) It is a defence to a prosecution under subregulation (3A) if the
defendant had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3C) (see subsection 13.3 (3) of the Criminal Code).
(4) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(5) A person to whom a direction under this regulation has been given
shall not fail:
(a) to comply with the requirements of a system of certification
instituted by that person in accordance with the direction, in so
far as those requirements apply in relation to that person; or
(b) to take all steps reasonably required to ensure that persons in his
or her employ or working under an arrangement with him or her
comply with the requirements of a system instituted by him or her
in accordance with the direction in so far as those requirements
apply in relation to them.
Penalty: 50 penalty units.
Civil Aviation Regulations 1988 69
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(6) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
35 Approval of design of modification or repair
(1) A person may apply to CASA or an authorised person for approval of
the design of a modification or repair of:
(a) an aircraft or aircraft included in a type of aircraft; or
(b) an aircraft component or aircraft components included in a type
of aircraft component.
(2) Where an applicant under subregulation (1):
(a) furnishes to CASA or the authorised person such evidence
relating to the design to which the application relates (including
evidence of the effect of the design on the safety of an aircraft) as
CASA or the authorised person requires; and
(b) satisfies CASA or the authorised person that the design conforms
with any relevant design standard in respect of the type of aircraft
or aircraft component to which the application relates;
CASA or the authorised person shall give approval to the design.
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