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approved maintenance data; or
(c) is not in a condition for safe operation.
New aircraft manufactured under type certificate only
(2) An applicant for a standard certificate of airworthiness for a new
aircraft manufactured under a type certificate only is entitled to the
certificate upon presentation, by the holder or licensee of the type
certificate, of the statement of conformity required by regulation
21.130, if CASA finds after inspection that the aircraft :
(a) conforms to the type design, has had any modifications or repairs
carried out in accordance with approved maintenance data, and is
in a condition for safe operation; and
(b) was manufactured by the holder of the type certificate for the
aircraft or the licensee of that type certificate.
Imported aircraft
(3) An applicant for a standard certificate of airworthiness for an aircraft
for which a type certificate was issued under regulation 21.029, or a
type acceptance certificate was issued under regulation 21.029A, is
entitled to the certificate if CASA or an authorised person is satisfied
that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out
in accordance with approved maintenance data; and
(c) the aircraft is in a condition for safe operation.
Other aircraft
(4) An applicant for a standard certificate of airworthiness for aircraft not
covered by subregulation (1), (2) or (3) is entitled to the certificate if:
(a) the aircraft:
(i) has a type design approved under a type certificate or a
supplemental type certificate; or
(ii) if there is no type certificate or supplemental type
certificate for the aircraft — is of a type or model that has
previously been issued a certificate of airworthiness in the
category applied for; and
(b) the aircraft complies with any applicable airworthiness
directives; and
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 70
(c) the aircraft (except an experimentally certificated aircraft that
previously had been issued a different certificate of airworthiness
under this regulation) has been inspected for the issue of a
maintenance release; and
(d) CASA or an authorised person is satisfied that:
(i) the aircraft conforms to the type design (if any); and
(ii) any modifications or repairs to the aircraft have been
carried out in accordance with approved maintenance data;
and
(iii) the aircraft is in a condition for safe operation.
Inspection
(5) CASA or an authorised person may inspect an aircraft mentioned in
subregulation (1), (3) or (4) to determine whether:
(a) it conforms to the type design;
(b) any modification or repairs to it have been carried out in
accordance with approved maintenance data; and
(c) it is in a condition for safe operation.
Source FARs section 21.183 modified.
(6) Omitted by SR 2002 No. 320.
21.184 Special certificates of airworthiness for primary category
aircraft
New primary category aircraft manufactured under a production
certificate
(1) An applicant for the original issue of a special certificate of
airworthiness for a new aircraft in the primary category that meets the
criteria of paragraph 21.024 (1) (a), manufactured under a production
certificate, including aircraft assembled by another person from a kit
provided by the holder of the production certificate and under the
supervision and quality control of that holder, is entitled to the
certificate without further showing unless CASA or an authorised
person decides that the aircraft:
(a) does not conform to the type design; or
(b) has been modified or repaired otherwise than in accordance with
approved maintenance data; and
(c) is not in a condition for safe operation.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 71
Imported aircraft
(2) An applicant for a special certificate of airworthiness for an aircraft in
the primary category for which a type certificate was issued under
regulation 21.029, or a type acceptance certificate was issued under
regulation 21.29A, is entitled to the certificate if CASA or an
authorised person finds, after inspection that:
(a) the aircraft conforms to the type design; and
(b) any modifications or repairs to the aircraft have been carried out
in accordance with approved maintenance data; and
(c) the aircraft is in a condition for safe operation.
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