Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p115
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 115/182)
Character Range: 441679–444667

by factors that provide an equivalent level of safety.
 (4) For paragraphs (2)(a) and (3)(a), the requirements are that:
 (a) the applicant has complied with regulations 21.420 and 21.425; and
 (b) if the authorised person or approved design organisation has given notice to the applicant under subregulation 21.430(1)—the applicant has complied with subregulations 21.430(2), (3) and (4); and
 (c) the technical data submitted under regulation 21.420 for the design has been approved under regulation 21.009; and
 (d) no feature or characteristic of the design makes the relevant aircraft, aircraft engine, propeller or appliance unsafe for its intended use.
Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.

21.440  Form of modification/repair design approvals
  If CASA or an authorised person or approved design organisation grants a modification/repair design approval, the document issued to the applicant under regulation 11.060 must:
 (a) set out:
 (i) what the approval is; and
 (ii) the name of the person to whom it is granted; and
 (b) describe or otherwise identify the modification or repair; and
 (c) specify, by reference to manufacturer, model and serial number, each aircraft, aircraft engine, propeller or appliance to which the design of the modification or repair relates.

21.445  Variation of modification/repair design approvals
 (1) Regulations 21.405 to 21.440 apply to an application for a variation of a modification/repair design approval as if:
 (a) each reference in those regulations to an approval were a reference to a variation of an approval; and
 (b) each reference in those regulations to a design were a reference to a variation of a design.
 (2) However, the applicant is not required to give CASA or an authorised person or approved design organisation the technical data for the design or any other information that CASA or the authorised person or approved design organisation already holds unless the data or information already given:
 (a) is no longer correct; or
 (b) no longer describes the design.

Division 21.M.3—Transfer of, and obligations for holders of, modification/repair design approvals and approvals granted in accordance with alternative method
Note: For the definition of holder, see the Dictionary.

21.448  Approvals to which this Division applies
  This Division applies to:
 (a) modification/repair design approvals; and
 (b) approvals mentioned in regulation 21.475.

21.450  Transfer of modification/repair design approvals and approvals granted in accordance with alternative method
 (1) The holder of an approval may transfer the approval to another person.
 (2) However, an approval may be transferred only with the written agreement of the transferee.
 (3) If an approval is transferred, the transferor must:
 (a)