Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p85
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 85/182)
Character Range: 361916–364758

the document is changed under regulation 21.259 or 21.261—the document as changed.
head of design, for an approved design organisation, means the individual, appointed by the organisation, who has design responsibility for the organisation.
subcontractor, in relation to an approved design organisation, means a person who:
 (a) is a party to a written contract with the organisation to carry out a design activity, or part of a design activity, on behalf of the organisation; and
 (b) is not an employee of the organisation.

21.235  Privileges for approved design organisations
 (1) An approved design organisation may carry out a design activity, other than a certification activity, in relation to an aircraft or aeronautical product only if the organisation is approved under regulation 21.243 to carry out the activity in relation to aircraft or aeronautical products of that kind.
 (2) An approved design organisation may carry out a certification activity in relation to an aircraft or aeronautical product and an application mentioned in subregulation 21.251(1) only if:
 (a) the organisation is approved under regulation 21.243 to carry out the activity in relation to aircraft or aeronautical products of that kind; and
 (b) CASA authorises the organisation under regulation 21.251 to carry out the activity in relation to the application.

21.237  Prohibition of unauthorised carrying out of design activities
 (1) A person commits an offence if:
 (a) the person carries out a design activity; and
 (b) the person does not meet the requirement mentioned in subregulation (2).
Penalty: 50 penalty units.
 (2) For paragraph (1)(b), the requirement is that the person is:
 (a) an approved design organisation that is permitted to carry out the design activity under regulation 21.235; or
 (b) if the provision under which the activity is carried out provides that an authorised person may carry out the activity—an authorised person for the provision; or
 (c) if the provision under which the activity is carried out provides that CASA may carry out the activity—CASA.
 (3) Subregulation (1) does not apply to a person who carries out a design activity on behalf of an approved design organisation if:
 (a) the person is:
 (i) an employee of the organisation; or
 (ii) a subcontractor of the organisation; and
 (b) the organisation is permitted under regulation 21.235 to carry out the design activity; and
 (c) the person is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.
 (4) Subregulation (1) does not apply to a person who carries out a design activity on behalf of a subcontractor of an approved design organisation if:
 (a) the