Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p23
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 23/182)
Character Range: 192849–196794

is entitled to a type certificate for an aircraft in the normal, utility, acrobatic, commuter, or transport category that was designed and constructed in Australian territory and was accepted for operational use, and declared surplus by, the Defence Force, or an armed force of Canada, the United Kingdom or the United States of America (in this regulation called a surplus defence aircraft), and that is shown to comply with the applicable certification requirements in subregulation (6).
 (2) An applicant is entitled to a type certificate for a surplus defence aircraft that is a counterpart of a previously type certificated civil aircraft, if the applicant shows compliance with the regulations governing the original civil aircraft type certificate.
 (3) Aircraft engines, propellers, and their related accessories installed in surplus defence aircraft, for which a type certificate is sought under this regulation will be approved for use on those aircraft if the applicant shows that on the basis of the previous military qualifications, acceptance, and service record, the engines or propellers provide substantially the same level of airworthiness as would be provided if the engines or propellers met the airworthiness standards:
 (a) mentioned in Part 33 or 35; or
 (b) prescribed by the Part 21 Manual of Standards.
 (4) CASA may relieve an applicant from strict compliance with a specific provision of the applicable requirements in subregulation (6), if CASA is satisfied that the method of compliance proposed by the applicant provides substantially the same level of airworthiness and that strict compliance with the requirements would impose a severe burden on the applicant. CASA may use experience that was satisfactory to the relevant armed force in making such a determination.
 (5) CASA may require an applicant to comply with later requirements than those in subregulations (3) and (6) if CASA is satisfied that compliance with the requirements in those subregulations would not ensure an adequate level of airworthiness for the aircraft.
 (6) Except as provided in subregulations (2), (3), (4) and (5), an applicant for a type certificate under this regulation must comply with the appropriate regulations listed in Table 21.027.

Table 21.027 Regulations that must be complied with for particular kinds of aircraft
Type of Aircraft                                                                                                                                                                                                 Date accepted for operational use by the Armed Force  Regulations that apply 1
Small reciprocating‑engine powered aeroplanes                                                                                                                                                                    Before May 16, 1956                                   Civil Air Regulations Part 3, as effective May 15 1956
                                                                                                                                                                                                                 After May 15, 1956                                    Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23
Small turbine‑engine powered aeroplanes                                                                                                                                                                          Before Oct. 2, 1959                                   Civil Air Regulations Part 3, as effective Oct. 1 1959
                                                                                                                                                                                                                 After Oct. 1, 1959                                    Civil Air Regulations Part 3, or FARs Part 23, or CASR Part 23
Commuter category aeroplanes