Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p17
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 17/182)
Character Range: 176857–179759

standards and other conditions on type certificates
 (1) If CASA considers that some of the airworthiness standards mentioned in these Regulations that are applicable to a particular type of aircraft, aircraft engine or propeller do not provide an adequate or appropriate safety standard for the aircraft, aircraft engine or propeller, CASA may issue a type certificate for it on condition that it complies with any special conditions that are necessary to establish a level of safety equivalent to that established under these Regulations for comparable aircraft, aircraft engines or propellers.
 (2) CASA may issue a type certificate for an aircraft, aircraft engine or propeller subject to any other conditions that are necessary in the interests of aviation safety.
 (3) A condition imposed under subregulation (2) may include operational limitations.
 (4) A special condition or other condition must be in writing, and set out in, or attached to, the type certificate.
 (5) A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.
Penalty: 50 penalty units.
 (6) An offence against subregulation (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.16 modified.

21.017  Designation of applicable airworthiness standards
 (1) An applicant for a type certificate for an aircraft mentioned in regulation 21.021 or 21.025, or an aircraft engine or propeller, must show that the aircraft, aircraft engine or propeller meets:
 (a) the applicable requirements of this Part, and of the airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that are effective on the date of application for that certificate unless:
 (i) otherwise specified by CASA; or
 (ii) compliance with later effective amendments is elected or required under this regulation; and
 (b) any special conditions imposed under regulation 21.016.
 (2) For special classes of aircraft (airships and other non‑conventional aircraft), including the engines and propellers installed thereon, for which airworthiness standards have not been prescribed in these Regulations, the airworthiness standards are the portions of those airworthiness standards mentioned in Parts 22, 23, 25, 27, 29, 31, 32, 33 and 35, and of the airworthiness standards prescribed by the Part 21 Manual of Standards, that CASA considers to be appropriate for the aircraft and applicable to a specific type design, or such airworthiness criteria as CASA may consider provide an equivalent level of safety to those airworthiness standards.
 (3) An application for type certification of a transport category aircraft is effective for 5 years, and an application for any other type certificate is effective for 3 years,