Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p26
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 26/182)
Character Range: 203764–206740

aviation safety; and
 (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and
 (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether or not to issue the type acceptance certificate subject to conditions; and
 (d) there are reasonable grounds for believing that imposing the conditions would substantially reduce the threat to aviation safety; and
 (e) there are no other practicable means of substantially reducing the threat to aviation safety.
 (3) A condition may include operational limitations.
 (4) A condition must be in writing, and set out in, or attached to, the type acceptance certificate.
 (5) A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.
Penalty: 50 penalty units.
 (6) An offence against subregulation (5) is an offence of strict liability.
Note: The power of CASA to issue a type acceptance certificate subject to a condition under subregulation (2) must be exercised by the Director personally: see paragraph 11.260(2)(b).

21.029C  Refusal to issue type acceptance certificate
 (1) CASA may refuse to issue a type acceptance certificate for an aircraft manufactured in a foreign country if:
 (a) there are reasonable grounds for believing that issuing the certificate would constitute a significant threat to aviation safety; and
 (b) CASA has consulted the applicant, the manufacturer of the aircraft and the national aviation authority that issued the foreign type certificate about the safety issues involved; and
 (c) CASA has considered the views of the applicant, the manufacturer and the national aviation authority before deciding whether to issue the type acceptance certificate; and
 (d) there are reasonable grounds for believing that issuing the certificate subject to conditions is not a practicable means of substantially reducing the threat to aviation safety and there are no other practicable means of substantially reducing the threat.
 (2) If CASA refuses to issue a type acceptance certificate, CASA must deal with the application for the type acceptance certificate as if it were an application for a type certificate under regulation 21.029.
Note: The power of CASA to refuse to issue a type acceptance certificate must be exercised by the Director personally: see paragraph 11.260(2)(c).

21.031  Type design—meaning
 (1) The type design of an aircraft, aircraft engine or propeller (except an aircraft, aircraft engine or propeller type certificated under regulation 21.029 or 21.029A) consists of the following:
 (a) the drawings and specifications contained in technical data approved under regulation 21.009 for the aircraft, aircraft engine or propeller, and a list of those drawings and specifications;
 (b) information on dimensions, materials, and processes