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21.029B Issue of type acceptance certificates subject to conditions
(1) CASA may issue a type acceptance certificate under regulation
21.029A subject to a condition that is substantially the same as a
condition imposed by the NAA of a recognised country on the
corresponding foreign type certificate.
(2) Also, CASA may issue a type acceptance certificate subject to other
conditions if:
(a) there are reasonable grounds for believing that issuing the
certificate without imposing conditions or taking other measures
would constitute a significant threat to aviation safety; and
(b) CASA has consulted the applicant, the manufacturer of the
aircraft and the NAA that issued the foreign type certificate
about the safety issues involved; and
(c) CASA has considered the views of the applicant, the
manufacturer and the NAA before deciding whether or not to
issue the type acceptance certificate subject to conditions; and
(d) there are reasonable grounds for believing that imposing the
conditions would substantially reduce the threat to aviation
safety; and
(e) there are no other practicable means of substantially reducing the
threat to aviation safety.
(3) A condition may include operational limitations.
(4) A condition must be in writing, and set out in, or attached to, the type
acceptance certificate.
(5) A person must not engage in conduct that results in a breach of a
condition of a type acceptance certificate.
Penalty: 50 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note for subregulation (6) For strict liability, see section 6.1 of the Criminal Code.
Note The power of CASA to issue a type acceptance certificate subject to a
condition under subregulation (2) must be exercised by the Director personally: see
subregulation 201.002 (2).
21.029C Refusal to issue type acceptance certificate
(1) CASA may refuse to issue a type acceptance certificate for an aircraft
manufactured in a foreign country if:
(a) there are reasonable grounds for believing that issuing the
certificate would constitute a significant threat to aviation safety;
and
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 26
(b) CASA has consulted the applicant, the manufacturer of the
aircraft and the NAA that issued the foreign type certificate
about the safety issues involved; and
(c) CASA has considered the views of the applicant, the
manufacturer and the NAA before deciding whether to issue the
type acceptance certificate; and
(d) there are reasonable grounds for believing that issuing the
certificate subject to conditions is not a practicable means of
substantially reducing the threat to aviation safety and there are
no other practicable means of substantially reducing the threat.
(2) If CASA refuses to issue a type acceptance certificate, CASA must
deal with the application for the type acceptance certificate as if it
were an application for a type certificate under regulation 21.029.
Note The power of CASA to refuse to issue a type acceptance certificate must be
exercised by the Director personally: see subregulation 201.002 (2).
21.031 Type design — meaning
(1) The type design of an aircraft, aircraft engine or propeller (except an
aircraft, aircraft engine or propeller type certificated under regulation
21.029 or 21.029A) consists of the following:
(a) the drawings and specifications approved by CASA or an
authorised person, and a listing of those drawings and
specifications, necessary to define the configuration and the
design features of the aircraft, aircraft engine or propeller shown
to comply with the airworthiness standards applicable to it under
regulation 21.017;
(b) information on dimensions, materials, and processes necessary to
define the structural strength of the aircraft, aircraft engine or
propeller;
(c) the airworthiness limitations section of the instructions for
continued airworthiness as required by the airworthiness
standards mentioned in Parts 22, 23, 25, 26, 27, 29, 31, 32, 33
and 35; or as otherwise required by CASA and as specified in the
applicable airworthiness criteria for special classes of aircraft
mentioned in subregulation 21.017 (2);
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 27
(d) the operating limitations and other information necessary for the
safe operation of the aircraft, aircraft engine or propeller as
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