Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p59
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 59/117)
Character Range: 3656324–3659144

the chief designer for a certified designer's organisation set out in the Manual of Standards.

173.170  Approval for appointment to act as chief designer
 (1) A certified designer must not appoint a person to act as chief designer for the certified designer unless the appointment is approved by CASA.
 (2) To be appointed to act as chief designer, a person must, at the time of appointment, have sufficient qualifications and experience to enable the individual to carry out the functions of the appointment properly, having regard to the nature and scope of the design work carried on by the chief designer.

173.175  Appointment likely to have adverse effect on air safety
 (1) Without limiting the matters that CASA may take into account in deciding whether to approve an appointment of a person as chief designer or an appointment of a person to act as chief designer, CASA is not required to approve the appointment if the approval would be likely to have an adverse effect on the safety of air navigation.
 (2) In deciding whether approval of the appointment of a person would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following:
 (a) the person's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety;
 (b) the experience of the person in aviation;
 (c) the person's knowledge of the regulatory requirements applicable to civil aviation in Australia;
 (d) any evidence held by CASA that the person has contravened:
 (i) the Act or these Regulations; or
 (ii) a law of another country relating to aviation safety; or
 (iii) another law (of Australia or of another country) relating to transport safety.
Note: Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force.

173.180  Chief designer's functions and duties
  The chief designer for a certified designer's organisation is responsible to the certified designer for the following:
 (a) ensuring that any design work on the terminal instrument flight procedures that is carried on under the designer's procedure design certificate is carried on in accordance with these Regulations;
 (b) appointing persons as employees of the certified designer to carry on design work on terminal instrument flight procedures under the designer's procedure design certificate;
 (c) effectively managing work done in relation to those terminal instrument flight procedures by those persons;
 (d) issuing certificates as required by regulation 173.100.

173.185  Duration of approval
 (1) An approval under regulation 173.165 or 173.170 stops being in force if: