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before the change under regulation 55 is made to the
manual; or
(ii) in any other case — before 16 August 2002.
Penalty: 50 penalty units.
(5) If the certificate holder makes a change to the aircraft’s flight manual
under subregulation (4), the holder must tell CASA, in an approved
form, about the details of the change within 48 hours after the aircraft
is flown for the first time after the change is made.
Penalty: 20 penalty units.
(6) An offence against subregulation (4) or (5) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
323 Transitional: documents to be carried in Australian aircraft
(1) This regulation applies to an Australian aircraft if a change to its
flight manual is required under regulation 322.
(2) Despite subregulation 139 (1), during the transition period, the aircraft
is not required to carry its flight manual when flying if it carries on
board the manual that was its flight manual immediately before 16
August 1999.
Note An aircraft’s flight manual immediately before 16 August 1999 was the
manual in force for the aircraft under regulation 138, as that regulation was in force
immediately before that day.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 477
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) In subregulation (2):
transition period means:
(a) if the change to the aircraft’s flight manual is made before the last
day of the period within which the change must be made — the
period beginning on 16 August 1999 and ending at the end of the
day on which the change is made; or
(b) if paragraph (a) does not apply — the period within which the
change must be made under subregulation 322 (4).
323AA Transitional — certain directions under regulation 166
A direction issued by CASA in accordance with
subparagraph 166 (1) (d) (i) as in force immediately before the
commencement of this regulation has effect after the commencement
as if it were a direction issued for subparagraph 166 (2) (e) (i) of CAR
as in force on and from the commencement of this regulation.
323A Transitional — determinations under regulation 178
(1) A determination under paragraph 178 (1) (b) of the old regulations that
was in force immediately before 1 October 2003 has effect on and
after that day as if it were a determination under subregulation 178 (6)
of the amended regulations.
(2) A determination under subregulation 178 (5) of the old regulations
that was in force immediately before 1 October 2003 has effect after
that day as if it were a determination under subregulation 178 (6) of
the amended regulations.
(3) In this regulation:
amended regulations means CAR as in force and as amended on and
after 1 October 2003.
old regulations means CAR as in force immediately before 1 October
2003.
324 Transitional: certain warnings
(1) The requirement in paragraph 262AM (4) (c) is taken to be complied
with if a placard bearing the warning stated in subregulation
262AM (6) (as in force immediately before 1 December 1999):
(a) is displayed in accordance with paragraph 262AM (4) (c); and
(b) was so displayed immediately before 1 December 1999.
(2) The requirement in paragraph 262AP (8) (c) is taken to be complied
with if a placard bearing the warning stated in subregulation
262AP (9) (as in force immediately before 1 December 1999):
(a) is displayed in accordance with paragraph 262AP (8) (c); and
(b) was so displayed immediately before 1 December 1999.
Replacement Page Amdt No. 11
November 2005
478 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
325 References to Parts, Divisions or Subdivisions renumbered by
Civil Aviation Amendment Regulations 1999 (No. 6)
A reference in an instrument made before 22 December 1999 to a Part,
Division or Subdivision renumbered by the Civil Aviation Amendment
Regulations 1999 (No. 6) is a reference to the Part, Division or
Subdivision as so renumbered.
Replacement Page Amdt No. 11
November 2005
Civil Aviation Regulations 1988 Scheds — 1
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
NOTE
Pages Scheds-3 to Scheds-8 have been omitted intentionally
Replacement Page Amdt No. 4
January 2004
Scheds — 2 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
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