Civil Aviation Safety Regulations 1998

These Regulations contain provisions based on the FARs.

An object of these Regulations is to harmonise certain parts of Australia’s aviation safety law with the FARs.

The words ‘Source FARs’ below a regulation indicate that the regulation is based on the section of the FARs, as in force on 1 January 1997, stated after the words and, if the section number is followed by the word ‘modified’, the word indicates that the FARs section has been modified for the regulation.

21.013 Eligibility

If a word or expression is used in both a regulation and the FARs section on which the regulation is based, the meaning of the word or expression in the FARs section may be taken into account in interpreting the word or expression in the regulation, unless the contrary intention appears.

The Dictionary at the end of these Regulations consists of 2 parts.

Part 1 contains:

definitions of certain expressions; and

signpost references to expressions that are explained in Part 2 or elsewhere in these Regulations.

A signpost reference to a definition or an explanation of an expression that is elsewhere than in the Dictionary (for example, ‘ATSO authorisation—see paragraph 21.601(2)(b)’) is not included in the Dictionary unless the definition or explanation of the expression applies outside the regulation in which it occurs. Many expressions are defined for the purposes of a particular Part, Subpart or Division, and signpost references to such definitions are generally not included in the Dictionary.

Part 2 consists of numbered clauses that explain certain other expressions otherwise than by means of definitions.

Unless the contrary intention appears, the definition or explanation of an expression in these Regulations applies to each use of the expression in these Regulations.

The Dictionary is part of these Regulations.

In this regulation:

If there is an inconsistency between a MOS and a provision of the Act or these Regulations, the provision of the Act or these Regulations prevails to the extent of the inconsistency.

To avoid doubt, a MOS may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in these Regulations;

directly amend the text of these Regulations.

A MOS (Manual of Standards) is a document that supports CASR by providing detailed technical material, such as technical specifications or standards. See generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.

authorisations; and

exemptions from provisions of these Regulations and the Civil Aviation Orders; and

directions; and

delegation of CASA’s powers; and

the issuing of Manuals of Standards.

Subpart 11.A contains preliminary matters and definitions.

Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations granted under these Regulations.

In particular, Subpart 11.B sets out what CASA can or must do in the course of processing an application for such an authorisation, including what documents and matters CASA can or must take into account in making its decision.

Subpart 11.BA contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations.

Subpart 11.C provides for the form of authorisation documents and other matters related to such documents.

Subpart 11.D is about variation, suspension or cancellation of an authorisation at the holder’s request.

Subpart 11.E is about renewal of a time‑limited authorisation.

Subpart 11.F is about exemptions from the provisions of these Regulations.

Subpart 11.G provides for the issue, by CASA, of temporary directions in relation to matters affecting the safety of air navigation.

Subpart 11.H deals with delegation of CASA’s powers under these Regulations.

Subpart 11.J sets out the procedure for issuing or amending Manuals of Standards.

a civil aviation authorisation other than:

an AOC; or

a delegation; or

the appointment of an authorised person; or

an authorisation issued by an ASAO; or

an approval or qualification of a document or thing under these Regulations, other than a material, part, process or appliance to which regulation 21.305A applies; or

a certificate capable of being granted to a person under these Regulations.

For the definition of civil aviation authorisation, see section 3 of the Act.

in the case of a corporation that is a company (within the meaning of the Corporations Act 2001), a director, secretary, executive officer or employee of the corporation; or

in the case of a corporation of any other kind:

a person exercising responsibility, in relation to the corporation, as nearly as possible the same as that of a director, secretary or executive officer of a company (within the meaning of the Corporations Act 2001); or

an employee or staff member of the corporation; or

a receiver and manager, appointed under a power contained in an instrument, of property of the corporation.

an authorisation that, under another provision of these Regulations, ceases after a particular period; or

an authorisation granted by CASA for a specified period.

If another provision of these Regulations provides for a document, other than an application for an authorisation, to be in an approved form, CASA may, in writing, approve a form for that document.

If, under subregulation (1), CASA has approved a form for a document, the document is not taken to have been completed unless it:

is in the approved form; and

includes all of the information required by the form.

For the form of an application for an authorisation, see regulation 11.030.