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(3) Where CASA or an authorised person, in considering an application
for approval of a design of a modification or repair under
subregulation (1), is not satisfied that the design will not affect the
safety of an aircraft, CASA or the authorised person may, if the
applicant so requests, authorise:
(a) the making of the modification or repair to a particular aircraft; or
(b) the making of the modification or repair to a particular aircraft
component and the fitting of that aircraft component to a
particular aircraft;
as the case may be, with a view to an application being made under
regulation 21.192 of CASR for permission to test the aircraft in flight
to discover whether or not the making of the modification or repair has
adversely affected the safety of the aircraft.
(4) An authorisation under subregulation (3) shall be in writing and shall
include a statement that the authorisation is given for the purpose of
testing the aircraft to which the modification or repair is to be made or
to which the aircraft component concerned is to be fitted, as the case
may be.
(5) For the purpose of carrying out maintenance in accordance with an
authority given under subregulation (3), the design of the modification
or repair concerned shall be deemed to have been approved under
subregulation (2).
(6) Where:
(a) the results of a test referred to in subregulation (3) are furnished
to CASA or to an authorised person; and
70 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) having regard to those results, CASA or the authorised person is
satisfied that the design concerned will not adversely affect the
safety of an aircraft;
CASA or the authorised person, as the case may be, shall give
approval to the design .
(7) CASA or an authorised person may, for the purpose of ensuring the
safety of air navigation, include in an approval given under this
regulation a requirement that a specified thing to be done in
accordance with the design is to be done by a specified person or by a
person included in a specified class of persons, being a person
permitted by regulation 42ZC to carry out maintenance on an
Australian aircraft or an employee of the person.
(7A) A person must not contravene a requirement included in an approval.
Penalty: 50 penalty units.
(8) An offence against subregulation (7A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(9) It is a defence to a prosecution under subregulation (7A) if the
defendant had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (9) (see subsection 13.3 (3) of the Criminal Code).
36 Approval of aircraft components for use as replacements
(1) A person may apply to CASA or an authorised person for approval of
an aircraft component, or of aircraft components included in a type of
aircraft component, as a replacement for another aircraft component or
aircraft components included in another type of aircraft component.
(2) Where an applicant under subregulation (1):
(a) furnishes to CASA or the authorised person such evidence
relating to the suitability of an aircraft component to which the
application relates for use as a replacement as set out in the
application as CASA or the authorised person requires; and
(b) satisfies CASA or the authorised person that the design of any
such aircraft component conforms with any design standard in
force under regulation 21A in respect of any aircraft component
for which the first-mentioned aircraft component is intended to
be a replacement;
CASA or the authorised person shall approve the aircraft component,
or aircraft components included in a type of aircraft components, to
which the application relates for use as a replacement as set out in the
application.
Civil Aviation Regulations 1988 71
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) Where CASA or an authorised person, in considering an application
under subregulation (1) for approval of the use of an aircraft
component as a replacement as set out in the application is not
satisfied that that use will not affect the safety of an aircraft, CASA or
the authorised person may, if the applicant so requests, authorise the
fitting to a particular aircraft of an aircraft component as a replacement
as set out in the application with a view to an application being made
under regulation 21.192 of CASR for permission to test the aircraft in
flight to discover whether or not the use of that aircraft component has
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