Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p77
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 77/182)
Character Range: 339920–342731

any period during which the aircraft is either not registered in Australia or not listed with a Part 103 ASAO.
 (4A) For the purposes of subregulation (4), the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.
 (5) CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:
 (a) any maintenance is not carried out in accordance with regulation 42CB of CAR; or
 (b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.
 (6) A notice under subregulation (5) must set out:
 (a) the grounds for the suspension or cancellation; and
 (b) in the case of a suspension—when the suspension stops having effect.
 (7) Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.
 (8) The holder of an experimental certificate commits an offence if:
 (a) the certificate is taken to not be in force under subregulation (4), expires or is suspended or cancelled; and
 (b) CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and
 (c) the holder does not surrender the certificate in accordance with the request.
Penalty: 50 penalty units.
 (9) An offence against subregulation (3) or (8) is an offence of strict liability.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.181 modified.
Note 2: See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates.

21.195C  Exercise of certain powers by authorised persons and relevant approved design organisations
  An authorised person or a relevant approved design organisation may exercise the following powers in relation to an experimental certificate only if the person or organisation issued the certificate:
 (a) asking the holder to make the certificate available for inspection under subregulation 21.195B(3);
 (b) asking the holder to surrender the certificate under subregulation 21.195B(8).

21.196  Special flight permits: eligibility
  Any person is eligible to apply for a special flight permit.

21.197  Special flight permits
 (1) A special flight permit may be issued for one or more of the following purposes for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose:
 (a) flying the aircraft to a base