Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p146
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 146/182)
Character Range: 520118–523009

the airworthiness directive; or
 (b) exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive.

Kind of aircraft or aeronautical products
 (3) For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:
 (a) approve, for a particular kind of aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or
 (b) exclude a particular kind of aircraft or aeronautical product from the operation of an airworthiness directive.

Decision making criteria
 (4) When making a decision under subregulation (2) or (3), CASA must:
 (a) regard the preservation of a level of aviation safety that is at least acceptable as paramount; and
 (b) if a person makes a request under subregulation (1)—have regard to any reasons given in the request.

Approval or exclusion may be subject to conditions
 (6) CASA may, in an instrument of approval or exclusion, provide that the approval or exclusion is subject to 1 or more specified conditions.

Operator must comply with conditions
 (7) An instrument of approval or exclusion applies to a particular aircraft or aeronautical product only if the operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the approval or exclusion.

39.005  Documents or things to be sent to CASA
  If a foreign State of Design airworthiness directive specifies that a document or thing must be sent to an national aviation authority, a person must, to comply with the airworthiness directive, send the document or thing to CASA.

39.006  Request for review of operation of Australian airworthiness directive
  A person may ask CASA in writing to review the operation of an Australian airworthiness directive on the ground that all aircraft or aeronautical products covered by the Australian airworthiness directive, or all aircraft or aeronautical products of a kind mentioned in the request (being aircraft or aeronautical products covered by the Australian airworthiness directive), need no longer be covered by the Australian airworthiness directive because:
 (a) the instructions issued by the manufacturer or manufacturers of those aircraft or aeronautical products for the carrying out of maintenance on those aircraft or aeronautical products have been amended; and
 (b) if maintenance is carried out on those aircraft or aeronautical products in accordance with those instructions as amended, the unsafe condition that the Australian airworthiness directive seeks to correct will no longer exist, or is not likely to exist, or cannot develop, in those aircraft or aeronautical products.

39.007  Action to be taken by CASA on receiving request under regulation 39.006
 (1) Within 28 days after receiving a request