Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p86
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 86/182)
Character Range: 364519–367466

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 person is an employee of the subcontractor; and
 (b) the organisation is permitted under regulation 21.235 to carry out the design activity; and
 (c) the subcontractor is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation; and
 (d) the person is authorised, in writing, by the subcontractor to carry out the design activity on behalf of the subcontractor.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (4): see subsection 13.3(3) of the Criminal Code.
 (5) An offence against this regulation is an offence of strict liability.

21.239  Applications may be made to approved design organisation—approval activities and experimental certificates
  Despite anything else in this Part, if an approved design organisation is a relevant approved design organisation in relation to an approval activity or the issue of an experimental certificate under regulation 21.195A:
 (a) an application for the approval or experimental certificate may be made to the approved design organisation; and
 (b) a reference in this Part to CASA includes a reference to the approved design organisation in relation to:
 (i) the application for the approval or experimental certificate; and
 (ii) if the organisation grants the approval or experimental certificate—the approval or experimental certificate.

Division 21.J.2—Approval as approved design organisation

21.241  Applying for approval
 (1) A person may apply, in writing, to CASA for approval as an approved design organisation.
 (2) The application must include:
 (a) an outline of:
 (i) the design activities that the applicant proposes to carry out; and
 (ii) the aircraft or aeronautical products in relation to which the applicant proposes to carry out those design activities; and
 (iii) the applicant's procedures for carrying out those design activities; and
 (iv) the applicant's organisational structure; and
 (b) the names of the applicant's accountable manager and head of design; and
 (c) if the applicant intends to subcontract a design activity, or part of a design activity, that it proposes to carry out—a statement explaining the arrangement under which the design activity, or that part of the design activity, will be carried out by a subcontractor.
 (3) The applicant must give CASA, with the application or subsequently:
 (a) a copy of the applicant's proposed exposition; and
 (b) a copy of the applicant's proposed design assurance system manual.

21.243  Granting approval
 (1) If the applicant gives CASA the documents mentioned in subregulation 21.241(3), CASA must make a decision on the application.
 (2) Subject to regulation 11.055, CASA must