Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person may apply to CASA or an authorised person for approval of the design of a modification or repair of:
(a) an aircraft or aircraft included in a type of aircraft; or
(b) an aircraft component or aircraft components included in a type of aircraft component.
(2) Where an applicant under subregulation (1):
(a) furnishes to CASA or the authorised person such evidence relating to the design to which the application relates (including evidence of the effect of the design on the safety of an aircraft) as CASA or the authorised person requires; and
(b) satisfies CASA or the authorised person that the design conforms with any relevant design standard in respect of the type of aircraft or aircraft component to which the application relates;
CASA or the authorised person shall give approval to the design.
(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
(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 ).