Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 36

Approval of aircraft components for use as replacements

         (1)    A person may apply to CASA or an authorised person for approval of an aircraft component, or of aircraft components included in a type of aircraft component, as a replacement for another aircraft component or aircraft components included in another type of aircraft component.

         (2)    Where an applicant under subregulation (1):

                (a)    furnishes to CASA or the authorised person such evidence relating to the suitability of an aircraft component to which the application relates for use as a replacement as set out in the application as CASA or the authorised person requires; and

               (b)    satisfies CASA or the authorised person that the design of any such aircraft component conforms with any design standard in force under regulation 21A in respect of any aircraft component for which the first‑mentioned aircraft component is intended to be a replacement;

CASA or the authorised person shall approve the aircraft component, or aircraft components included in a type of aircraft components, to which the application relates for use as a replacement as set out in the application.

         (3)    Where CASA or an authorised person, in considering an application under subregulation (1) for approval of the use of an aircraft component as a replacement as set out in the application is not satisfied that that use will not affect the safety of an aircraft, CASA or the authorised person may, if the applicant so requests, authorise the fitting to a particular aircraft of an aircraft component as a replacement as set out in the application 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 use of that aircraft component 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 aircraft component concerned is to be fitted.

         (5)    For the purpose of carrying out maintenance in accordance with an authority given under subregulation (3), the use of the aircraft component concerned as a replacement 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 replacement concerned will not adversely affect the safety of an aircraft;

CASA or the authorised person, as the case may be, shall approve the aircraft component, or aircraft components included in the type of aircraft components, to which the application relates for use as a replacement as set out in the application.



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