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CIVIL AVIATION AMENDMENT REGULATIONS 2004 (NO. 4) 2004 NO. 345 - SCHEDULE 1

Amendments of Civil Aviation Regulations 1988

(regulation 3)

[1] Subregulation 2 (1), definition of aviation authority , paragraph (a)

omit
the CASA; and
insert
CASA; and

[2] Subregulation 2 (1), definition of class of airspace

omit
subregulation 2.4.1 (1)
insert
paragraph 2.04 (1) (b)

[3] Paragraph 2 (7) (a)

omit
paragraph 206 (a)
insert
paragraph 206 (1) (a)

[4] Paragraph 2 (7) (b)

omit
paragraph 206 (b)
insert
paragraph 206 (1) (b)

[5] Paragraph 2 (7) (c)

omit
paragraph 206 (c)
insert
paragraph 206 (1) (c)

[6] Subregulation 2 (7B)

omit
CAR 1998,
insert
CASR,

[7] Subregulation 2B (2)

omit
or authorised person

insert

or the authorised person

[8] Paragraph 5A (1) (a)

omit
the commencement of this regulation; and
insert
16 June 1994; and

[9] Paragraph 5A (1) (b)

omit
after that commencement; and
insert
on or after that day; and

[10] Subparagraphs 6A (1) (a) (vi) and (vii)

omit

[11] Subregulation 7 (1)

omit
these regulations.
insert
CAR.

[12] Paragraph 7A (aa)

omit
CAR 1998
insert
CASR

[13] Paragraph 42G (7) (a)

omit
or authorised person,

insert

or the authorised person,

[14] Paragraph 42M (1) (b)

omit
or authorised person

insert

or the authorised person

[15] Subregulation 42M (1)

omit
or authorised person

insert

or the authorised person

[16] Subregulation 42M (3)

omit
or authorised person

insert

or the authorised person

[17] Subregulations 42M (4) and (5)

substitute

(4)
CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA's, or the authorised person's, decision in relation to the system submitted.

(5)
If CASA or the authorised person decides:

(a)
not to approve the system of maintenance; or

(b)
to modify the system of maintenance;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

[18] Paragraph 42R (1) (b)

omit
or authorised person

insert

or the authorised person

[19] Subregulation 42R (1)

omit
or authorised person

insert

or the authorised person

[20] Subregulation 42R (3)

omit
or authorised person

insert

or an authorised person

[21] Subregulations 42R (4) and (5)

substitute

(4)
CASA or the authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of CASA's, or the authorised person's, decision in relation to the change submitted.

(5) If CASA or the authorised person decides:

(a)
not to approve the change; or

(b)
to modify the change;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

[22] Subparagraph 42W (4) (c) (ii)

omit
CAR 1998; or
insert
CASR; or

[23] Regulation 42WA, note

substitute

Note
A document that complies with regulation 42WA is an authorised release certificate. Appendix 1 to Civil Aviation Order 100.16 gives a list of documents issued in foreign countries that, if completed correctly, will be authorised release certificates. Civil Aviation Advisory Publication 42W-1 sets out documents necessary for the supply of components, parts and material. Also, Civil Aviation Advisory Publication 42W-2 explains how to prepare a certificate. Both the Order and the Advisory Publications are available on CASA's website.

[24] Paragraph 42ZC (8) (a)

omit
or authorised person,

insert

or the authorised person,

[25] Paragraph 42ZK (1) (b)

omit
or authorised person

insert

or the authorised person

[26] Subregulation 42ZK (1)

omit
or authorised person

insert

or the authorised person

[27] Subregulation 42ZK (2)

omit
or authorised person's

insert

or the authorised person's

[28] Subregulation 42ZK (3)

omit
or authorised person

insert

or the authorised person

[29] Subregulation 42ZR (4)

omit
or authorised person

insert

or the authorised person

[30] Subregulations 42ZS (2) to (5)

substitute

(2)
If CASA or the authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as CASA or the authorised person thinks necessary in the interests of the safety of air navigation.

(3)
CASA or the authorised person must, in writing, notify the applicant of CASA's, or the authorised person's, decision in relation to the application.

(4) If CASA or the authorised person grants the exemption, or approves the variation, CASA or the authorised person must identify in the exemption or approval:
(a) in the case of an exemption:

(i)
the aircraft to which the exemption relates; and
(ii)
the person or persons to whom the exemption applies; and
(iii)
the conditions (if any) subject to which the exemption is granted; or
(b)
in the case of an approval of a variation:

(i)
the aircraft to which the variation relates; and
(ii)
the person or persons to whom the variation applies; and
(iii)
the conditions (if any) subject to which the variation is granted.
(5)
If CASA or the authorised person decides not to grant the exemption, or approve the variation, CASA or the authorised person must include in the notice a statement of the reasons for that decision.

[31] Paragraph 42ZT (2) (c)

omit
or authorised person

insert

or the authorised person

[32] Subregulation 50D (1)

omit
or authorised person.

insert

or the authorised person.

[33] Subregulation 54 (2)

omit

regulation 55,

insert

regulation 55 or 55A,

[34] Subregulation 61 (1)

omit
CAR 1998,
insert
CASR,

[35] Paragraph 92 (1) (b)

omit
a licence granted under regulation 89C;
insert
a certificate granted, or registration, under Part 139 of CASR;

[36] Paragraph 92A (4) (b)

substitute

(b)
the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

[37] Paragraph 92A (4A) (b)

substitute

(b)
the aerodrome operator has arrangements to warn the aircraft operator or pilot in command of any occurrence of the kind referred to in subregulation 139.155 (1) of CASR.

[38] Subregulation 92A (5)

substitute
(5) For the purposes of paragraphs (4) (a) and (4A) (a), despite the repeal of Division 4 of this Part by the Civil Aviation Amendment Regulations 2003 (No. 1) , the requirements are those of subregulation 92A (5), as in force on 1 May 2003.

Note
The text of that subregulation, as in force on 1 May 2003, is available on SCALEplus at http://scaleplus.law.gov.au/html/histreg/6/3203/rtf/ CivilAviation1988Vol2.rtf.

(5A) An aerodrome or an aerodrome operator is taken to comply with a requirement of subregulation 92A (5) (as in force on 1 May 2003) if:

(a)
the aerodrome or the operator complies with a requirement of Part 139 of CASR that corresponds to the requirement of that subregulation; or

(b) under Subpart 202.GA of CASR, the aerodrome or the operator is taken to so comply.

Note
Regulation 202.705 of CASR provides for the continuation in force of certain exemptions granted under regulation 89ZD.

[39] Paragraph 96 (1) (b)

substitute

(b)
a place the use of which as an aerodrome is authorised by a certificate granted, or registration, under Part 139 of CASR; or

[40] Paragraph 105 (1) (b)

substitute

(b)
a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;

[41] Paragraph 115 (a)

omit
officer

[42] Paragraph 115 (b)

substitute

(b)
a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;

[43] Regulation 169, heading

substitute

169 Preventing collisions on water

[44] Subregulation 230 (2)

omit
Part V,
insert
Part 5,

[45] Paragraph 252A (2) (c)

omit
subregulation 134 (1); or
insert
regulation 21.197 of CASR; or

[46] Subregulation 259 (2)

omit
CAR 1998
insert
CASR

[47] Subregulation 263 (1), definition of licence , paragraphs (ca) and (d)

substitute

(d)
an aircraft endorsement.

[48] Subregulation 264 (1)

omit
Subject to subregulation 89C (3),

[49] Regulation 266

omit
Subject to regulation 89F, if
insert
If

[50] Subregulation 294 (3), definition of authorised person

omit
as defined in regulation 89

[51] Regulation 296A, definition of prescribed offence , note

substitute

Note
Subregulation 2C (1) provides that CASR is to be read with, and as if it formed part of, CAR.

[52] Subregulation 297A (1), definition of reviewable decision, paragraph (a)

omit

[53] Subregulation 297A (1), definition of reviewable decision , paragraph (s)

omit

[54] Subregulation 297A (1), definition of reviewable decision , paragraphs (t) and (u)

omit

[55] Regulation 298

omit
(other than a certificate to which regulation 211 applies)

[56] Subregulation 298A (8), definition of endorsement , paragraph (b)

substitute

(b)
an aircraft endorsement; or

(c)
an endorsement under Part 65 of CASR.

[57] Subregulation 298A (8), definition of licence , paragraph (c)

substitute

(c)
a licence under Part 65 of CASR.

[58] Subregulation 298A (8), definition of rating , paragraph (b)

substitute

(b)
a rating under Part 65 of CASR.

[59] Subregulation 303A (1)

substitute
(1) If:

(a)
CASA or an authorised person is authorised, or taken to be authorised, under these Regulations to issue, give or grant a prescribed exemption; and

(b)
there is no provision of the Act or these Regulations expressly authorising CASA or an authorised person to impose conditions on the exemption;

this regulation authorises CASA or the authorised person, as the case may be, to issue, give or grant the exemption subject to any condition that CASA or the authorised person thinks necessary to impose in the interests of the safety of air navigation.

[60] Subregulation 303A (4)

substitute
(4) In this regulation:

"prescribed exemption" means an exemption, direction, instruction, notification, permission, approval or authority (whatever it is called) that has the effect of exempting a person from complying with a provision of these Regulations.

[61] Subregulation 308 (1)

omit
Subject to subregulation (1A),

[62] Paragraph 308 (1) (a)

omit
these regulations;
insert
CAR;

[63] Paragraph 308 (1) (b)

omit
these regulations
insert
CAR

[64] Subregulation 308 (1A)

omit

[65] Subregulation 308 (2)

omit
these regulations,
insert
CAR,

[66] Regulation 308, at the foot

insert

Note
CASA can issue exemptions from CASR under Subpart 11.F of CASR.

[67] Regulations 310A to 310C

omit

[68] Regulation 311

substitute
311 Transitional
(1) If:

(a)
an instrument (other than an Air Navigation Order or an instrument delegating powers or functions) made, granted or issued by a person under or for the purposes of a provision of the Air Navigation Regulations 1947 (the ANR ) was in effect immediately before 30 June 1988; and

(b)
that provision is one to which a provision of these Regulations corresponds;

the instrument continues to have effect on and after that day as if it had been made, granted or issued by the appropriate person under or for the purposes of that corresponding provision.

(2) If:

(a)
an Air Navigation Order issued under the ANR for the purposes of a provision of those Regulations was in effect immediately before 30 June 1988; and

(b)
that provision is one to which a provision of these Regulations corresponds;

the Air Navigation Order continues to have effect on and after that day as if it had been issued by CASA for the purposes of that corresponding provision.

(3) If:

(a)
any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by a person under or for the purposes of a provision of the ANR was in effect immediately before 30 June 1988; and

(b)
that provision is one to which a provision of these Regulations corresponds;

the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that corresponding provision.

(4)
An Air Navigation Order referred to in subregulation (2) is, in its operation on and after 30 June 1988, taken to be a Civil Aviation Order.

(5)
If any act done, step taken or decision made by a person under or for the purposes of an Air Navigation Order referred to in subregulation (2) was in effect immediately before 30 June 1988, the act, step or decision continues to have effect on and after that day as if it had been done, taken or made by the appropriate person under or for the purposes of that Air Navigation Order as continued in effect after that day as a Civil Aviation Order.

(6) In an instrument (including an Air Navigation Order) that, by virtue of this regulation, continues to have effect in the manner provided in this regulation:

(a)
a reference to the Secretary to the Department is to be read as a reference to CASA; and

(b)
a reference to the Department (other than a reference mentioned in paragraph (a)) is to be read as a reference to CASA; and

(c)
a reference to a provision of the Air Navigation Act 1920 is to be read as a reference to the corresponding provision of the Act; and

(d)
a reference to a provision of the ANR shall be read as a reference to the corresponding provision of these Regulations; and

(e)
a reference to an Air Navigation Order that, by virtue of this regulation, continues to have effect as a Civil Aviation Order is to be read as a reference to that Civil Aviation Order.

[69] Regulation 312, definition of original regulations

omit
the commencement of this regulation.
insert
1 October 1998.

[70] Regulation 313

omit each mention of
the commencement of this regulation
insert
1 October 1998

[71] Subregulation 313 (6)

omit
before the commencement,
insert
before that day,

[72] Subregulation 314 (5)

substitute

(5)
If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force.

[73] Regulation 315

omit
the commencement of this regulation,
insert
1 October 1998,

[74] Subregulation 317 (1)

omit
the commencement of this regulation
insert
1 October 1998

[75] Paragraph 317 (1) (b)

substitute

(b)
30 September 1999.

[76] Regulation 317A

omit
the commencement of this regulation
insert
16 August 1999

[77] Subregulation 318 (2)

omit
the commencement of this regulation.
insert
1 December 1998.

[78] Subregulations 318 (3) and (4)

omit each mention of
the commencement of this regulation
insert
1 December 1998

[79] Subregulations 318 (3) and (4)

omit each mention of
the commencement,
insert
that day,

[80] Regulation 319

omit each mention of
the commencement of this regulation
insert
1 December 1998

[81] Subregulation 319 (3)

omit
the commencement,
insert
that day,

[82] Regulations 320 and 321

omit each mention of
the commencement of this regulation
insert
1 December 1998

[83] Regulation 322

omit each mention of
the commencement of this regulation,
insert
16 August 1999,

[84] Regulation 323

substitute
323 Transitional: documents to be carried in Australian aircraft

(1)
This regulation applies to an Australian aircraft if a change to its flight manual is required under regulation 322.

(2) Despite subregulation 139 (1), during the transition period, the aircraft is not required to carry its flight manual when flying if it carries on board the manual that was its flight manual immediately before 16 August 1999.

Note
An aircraft's flight manual immediately before 16 August 1999 was the manual in force for the aircraft under regulation 138, as that regulation was in force immediately before that day.

(3) In subregulation (2):
"transition period" means:

(a)
if the change to the aircraft's flight manual is made before the last day of the period within which the change must be made — the period beginning on 16 August 1999 and ending at the end of the day on which the change is made; or

(b)
if paragraph (a) does not apply — the period within which the change must be made under subregulation 322 (4).

[85] Regulation 323A

substitute
323A Transitional — determinations under regulation 178

(1)
A determination under paragraph 178 (1) (b) of the old regulations that was in force immediately before 1 October 2003 has effect on and after that day as if it were a determination under subregulation 178 (6) of the amended regulations.

(2)
A determination under subregulation 178 (5) of the old regulations that was in force immediately before 1 October 2003 has effect after that day as if it were a determination under subregulation 178 (6) of the amended regulations.

(3) In this regulation:

"amended regulations" means CAR as in force and as amended on and after 1 October 2003.

"old regulations" means CAR as in force immediately before 1 October 2003.

[86] Regulations numbered 325 and 324

substitute
324 Transitional: certain warnings
(1) The requirement in paragraph 262AM (4) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AM (6) (as in force immediately before 1 December 1999):

(a)
is displayed in accordance with paragraph 262AM (4) (c); and

(b)
was so displayed immediately before 1 December 1999.

(2) The requirement in paragraph 262AP (8) (c) is taken to be complied with if a placard bearing the warning stated in subregulation 262AP (9) (as in force immediately before 1 December 1999):

(a)
is displayed in accordance with paragraph 262AP (8) (c); and

(b)
was so displayed immediately before 1 December 1999.

325 References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6)

A reference in an instrument made before 22 December 1999 to a Part, Division or Subdivision renumbered by the Civil Aviation Amendment Regulations 1999 (No. 6) is a reference to the Part, Division or Subdivision as so renumbered.

[87] Schedule 5, heading

substitute
Schedule 5 CASA maintenance schedule

(subregulation 2 (1), definition of CASA maintenance schedule )

[88] Schedule 6, heading

substitute
Schedule 6 CASA system of certification of completion of maintenance

(subregulation 2 (1), definition of CASA system of certification of completion of maintenance )



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