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comply with any of those instructions.
Penalty: 5 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.50 modified.
21.051 Type certificates and type acceptance certificates — duration
and suspension or cancellation
(1) Subject to regulation 21.019, a type certificate or type acceptance
certificate remains in force until it is cancelled.
(2) Despite subregulation (1), a type certificate or type acceptance
certificate is not in force during any period of suspension.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 33
(3) CASA may suspend or cancel a type certificate if there are reasonable
grounds for believing that the type certificate no longer provides a
reliable guide that the aircraft can reasonably be expected to be safe
for its intended use when operated under any conditions limiting its
intended use.
(4) CASA may suspend or cancel a type acceptance certificate if:
(a) there are reasonable grounds for believing that not doing so
would constitute a significant threat to aviation safety; and
(b) CASA has consulted the operator of the aircraft, 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 operator, the
manufacturer and the NAA before deciding whether to suspend
or cancel the type acceptance certificate.
(5) If CASA suspends or cancels a type certificate it must:
(a) notify the certificate holder in writing of the suspension or
cancellation; and
(b) publish a notice of the suspension or cancellation, in accordance
with subregulation (8), in the Gazette.
(6) If CASA suspends or cancels a type acceptance certificate CASA
must publish a notice of the suspension or cancellation, in accordance
with subregulation (8), in the Gazette.
(7) A suspension or cancellation takes effect on the day after the notice is
published in the Gazette.
(8) A notice of suspension or cancellation under paragraph (5) (b) or
subregulation (6) must set out:
(a) the grounds for the suspension or cancellation; and
(b) when the suspension or cancellation takes effect; and
(c) in the case of a suspension — when the suspension stops having
effect.
Source FARs section 21.51 modified.
Note 1 The power of CASA to refuse to suspend or cancel a type acceptance
certificate under subregulation (4) must be exercised by the Director personally: see
subregulation 201.002 (2).
Note 2 See also regulations 21.002C and 21.002E in relation to suspension and
cancellation of type acceptance certificates.
21.053 Statement of conformity
(1) Each applicant must submit to CASA a statement of conformity in a
manner and form acceptable to CASA for each aircraft engine and
propeller presented to CASA for type certification. This statement of
conformity must include a statement that the aircraft engine or
propeller conforms to the type design therefor.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 34
(2) Each applicant must submit to CASA a statement of conformity for
each aircraft or part thereof presented to CASA for tests. This
statement of conformity must include a statement to the effect that the
applicant has complied with subregulation 21.033 (1).
Source FARs section 21.53 modified.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 35
Subpart 21.C Provisional type certificates
Note A provisional type certificate issued under this Part for an aircraft, aircraft
engine or propeller does not certify that it complies with the Air Navigation
(Aircraft Noise) Regulations, the Air Navigation (Aircraft Engine Emissions)
Regulations or any other applicable Commonwealth legislation. Compliance with
those regulations or other applicable Commonwealth legislation may be required
before the aircraft, aircraft engine or propeller may be legally operated.
21.071 Applicability
This Subpart prescribes:
(a) requirements for the issue of provisional type certificates,
approvals of amendments to provisional type certificates, and
approvals of provisional amendments to type certificates; and
(b) rules governing the holders of those certificates.
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