Civil Aviation Regulations 1988

Subject to subregulation (1A), a person engaged, or intending to engage, in any stage of distribution or maintenance of aircraft, aircraft components or aircraft materials may apply to CASA for a certificate of approval in respect of those activities.

A person may make an application under subregulation (1) in relation to the maintenance of an aircraft or an aeronautical product only if Part 42 of CASR does not apply to the aircraft or aeronautical product.

An application must be in writing and must:

set out the following:

a statement of the activities to be covered by the certificate, including any training or assessment in the maintenance of aircraft, aircraft components or aircraft materials that the applicant intends to conduct;

the address of the main place (if any) at which the applicant proposes to carry out those activities;

the number of appropriately qualified or experienced persons employed by the applicant who will be involved in carrying out those activities; and

have with it evidence of:

the relevant qualifications and experience of the applicant and the applicant’s employees; and

the facilities and equipment available to the applicant for the carrying out of the activities; and

the arrangements made to ensure the applicant has, and will continue to receive, information necessary for the carrying out of those activities; and

a system of quality control that satisfies the requirements of subregulation (2D); and

if maintenance of class A aircraft is an activity to be covered by the certificate—have with it a copy of the procedures manual, in which the system of quality control procedures must be set out, that the applicant proposes to use if the certificate of approval is granted.

CASA must grant the applicant a certificate of approval covering the activities to which the application relates if CASA is satisfied that the applicant is able to carry out the activities in a satisfactory manner.

In deciding whether it is satisfied as mentioned in subregulation (2A), CASA must have regard to:

the relevant qualifications and experience of the applicant and the applicant’s employees; and

the facilities and equipment available to the applicant for the carrying out of those activities; and

the arrangements made to ensure the applicant has, and will continue to receive, the information necessary for the carrying out of those activities; and

the applicant’s system of quality control; and

if the applicant is required by paragraph (2)(c) to have a procedures manual—the applicant’s procedures manual.

A certificate of approval is subject to:

a condition that each activity the certificate covers must only be carried out at a place where the facilities and equipment necessary for the proper carrying out of the activity are available to the holder of the certificate;

a condition that the activities the certificate covers must be carried out in accordance with a system of quality control that satisfies the requirements of subregulation (2D); and

if the certificate covers some or all of the following activities:

the maintenance of aircraft;

the maintenance of aircraft components;

the maintenance of aircraft materials;

if the certificate covers training or assessment in the maintenance of aircraft, aircraft components or aircraft materials—a condition that the holder of the certificate must comply with the requirements (if any) prescribed by legislative instrument issued by CASA under regulation 30AA that apply to the holder; and

a condition that the holder of the certificate of approval must ensure that each person employed by, or working under an arrangement with, the holder receives adequate training in:

the work performed by the person for the purposes of the activities covered by the certificate; and

the use of any equipment used in connection with that work.

A system of quality control must be in writing and must contain the following:

the procedures to be followed in connection with the carrying out of the activities covered by the certificate that, in particular, includes procedures for:

the control of the work carried out under the certificate; and

the maintenance, control and calibration of equipment; and

the control of stores;

a statement:

that sets out the places at which the activities covered by the certificate are, or will be, carried out and which activities are, or will be, carried out at each place; and

that identifies any mobile facilities available to the certificate of approval holder for the carrying out of the activities covered by the certificate and which activities are, or will be, carried out using each mobile facility;

in relation to each activity covered by the certificate that is required, by paragraph (2C)(c), to be carried out under the control of a person—the name of the position occupied by the person who controls the carrying out of the activity;

a description of the applicant’s organisational structure, the responsibilities of employees within the structure and the procedures to be followed by the employees in undertaking the activities covered by the certificate;

a description of the resources for implementing quality management;

a description of the audit system applying to the system of quality control;

if the quality control system is set out in a procedures manual required under paragraph (2)(c)—a statement of the procedures to be followed in relation to the amendment of the procedures manual.

Australian Standards AS3900 to AS3904 provide guidance for the content of a system of quality control.

CASA may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Civil Aviation Orders.

A person must not contravene a condition to which a certificate of approval is subject.

An offence against subregulation (3A) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3(3) of the Criminal Code).

An authorised person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner:

inspect any aircraft, aircraft component or aircraft material;

inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;

conduct any tests that the authorised person considers necessary; and

require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:

of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or

of the facilities at the disposal of the holder.

The holder of a certificate of approval must give to an authorised person the evidence required under paragraph (4)(d).

An offence against subregulation (4A) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

An authorised person must produce his or her identity card for inspection while acting as an authorised person if asked to do so by:

the holder of the certificate of approval; or

a person:

who has control over any subject matter or thing specified in subregulation (4); or

who apparently has control over any subject matter or thing specified in subregulation (4).

Where an authorised person:

is acting as an authorised person; and

under subregulation (4), seeks to carry out an inspection, conduct a test or require evidence to be furnished or is carrying out an inspection, conducting a test or requiring evidence to be furnished; and

fails to produce his or her identity card for inspection when asked to do so;

is not authorised to carry out the inspection, conduct the test or require evidence to be furnished; and

if that person is carrying out one of those activities, must cease that activity immediately.