Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 7/182)
Character Range: 150429–153303

the notice must be reasonable, having regard to all the circumstances of the case.

21.002E  Cancellation of certain certificates
 (2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA must publish a notice in the Gazette stating:
 (a) that the certificate is cancelled; and
 (b) when the cancellation takes effect.
 (3) The cancellation of a certificate mentioned in subregulation (2) takes effect on the day after the notice is published in the Gazette, or if a later day is stated in the request for cancellation, on the later day.

21.003  Reporting failures, malfunctions, and defects
 (1) The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation (4):
 (a) an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;
 (b) a manufacturing process specified by it.
Penalty: 25 penalty units.
 (2) The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation (4).
Penalty: 25 penalty units.
 (2A) The holder of an approval mentioned in subregulation (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation (4).
Penalty: 25 penalty units.
 (2B) For subregulation (2A), the approval is:
 (a) a modification/repair design approval; or
 (b) an approval mentioned in regulation 21.475.
 (3) It is a defence to a prosecution under subregulation (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect:
 (a) was caused by improper maintenance or use; or
 (b) was reported to CASA under another provision of these Regulations.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code).
 (4) The following occurrences must be reported as provided in subregulations (1), (2) and (2A):
 (a) fires caused by a system or equipment failure, malfunction, or defect;
 (b) an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components;
 (c) the accumulation or