{"id":"F2023L01289","name":"CASA EX90/23 — Design of Temporary Modifications or Repairs (Special Flight Permit) Instrument 2023","slug":"casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104824,"registerId":"commonwealth-F2023L01289-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX90/23 — Design of Temporary Modifications or Repairs (Special Flight Permit) Instrument 2023","content":"Instrument number CASA EX90/23\n\nI, Daniel bernard o’hagan, Manager, Legislative Drafting, Legal, International & Regulatory Affairs Division, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nManager, Legislative Drafting  \nLegal, International & Regulatory Affairs Division\n\n22 September 2023\n\nCASA EX90/23 — Design of Temporary Modifications or Repairs (Special Flight Permit) Instrument 2023\n\n1 Name\n\nThis instrument is CASA EX90/23 — Design of Temporary Modifications or Repairs (Special Flight Permit) Instrument 2023.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on the day after it is registered; and\n\n(b) is repealed at the end of 31 August 2026.\n\n> Note For regulation 11.250 of CASR, the directions in section 5 cease to be in force at the end of 31 August 2026.\n\n3 Application\n\nThis instrument applies in relation to approval of a design, and of the technical data for the design, of temporary modifications or repairs that do not fully meet the applicable airworthiness standards for the design for subregulation 21.009(2) and regulation 21.437 of CASR.\n\n4 Exemption\n\n(1) An authorised person or an approved design organisation (an approver) is exempt from the requirements of subregulation 21.009(2) and regulations 21.436 and 21.437 of CASR if:\n\n(a) a person (the applicant) submits to an approver a design, or technical data for a design, in connection with an application for temporary modifications or repairs to an aircraft under regulation 21.405; and\n\n(b) the aircraft is to be operated under a special flight permit associated with the design for a purpose mentioned in regulation 21.197 of CASR (the CASR 21.197 purpose).\n\n(2) The exemption in subsection (1) is subject to the condition that the approver must take into account any relevant consideration, including all hazards and risks relating to the safe operation of the flight for the CASR 21.197 purpose, before approving the design.\n\n5 Directions\n\n(1) CASA directs the approver to:\n\n(a) impose any limitation, condition, or requirement to do a specified thing in relation to the approval that is necessary to ensure the safety of air navigation; and\n\n(b) specify any person, including the applicant, who the approver requires to comply with the limitation, condition or requirement.\n\n(2) CASA directs the approver to state on an approval:\n\n(a) any limitation, condition or requirement imposed for paragraph (1)(a); and\n\n(b) the name of any person who the approver requires to comply with the limitation, condition or requirement for paragraph (1)(b).\n\n(3) CASA directs the approver to reject the application if the approver is not satisfied that the aircraft, after it has been modified or repaired in accordance with the design, can reasonably be expected to be capable of safe flight for the CASR 21.197 purpose.\n\n(4) CASA directs a person specified by the approver in accordance with paragraph (1)(b) to comply with any limitation, condition or requirement specified for the person in paragraph (1)(a).","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Scope is narrowly confined to temporary designs/technical data for modifications or repairs linked to special flight permits under CASR 21.197 and to a fixed expiry (31 Aug 2026). It does not broaden permanent certification rules; it creates a time‑limited, conditional exemption with safety conditions and approver discretion (see ss 2–5)."},"complexity_factors":["Cross‑references to multiple CASR provisions (regs 21.009(2), 21.436, 21.437, 21.405, 21.197) create dependency on external rules (see s3, s4).","Conditional exemption structure: exemption applies only for temporary mods/repairs linked to a special flight permit (s3–4).","Discretion given to approvers to impose limitations, conditions or requirements (s5(1)(a)), increasing variability in approvals.","CASA directions mandate that approvers identify specific persons required to comply, assigning compliance burdens (s5(1)(b), s5(2)).","Mandatory safety assessment requirement: approvers must consider hazards and risks before approval (s4(2)).","Obligation to reject applications if approver is not satisfied aircraft can safely perform the permit purpose, creating a substantive safety gate (s5(3)).","Temporal limitation: instrument lapses on 31 Aug 2026, requiring administrative renewal or legislative change for continuation (s2).","Operational complexity from specifying compliance duties that bind third parties named by approvers (s5(4))."],"plain_english_summary":"This instrument temporarily lets authorised approvers accept designs or technical data for temporary aircraft modifications or repairs that don’t fully meet normal airworthiness standards, but only when tied to a special flight permit for a CASR 21.197 purpose (see ss 3–4). CASA directs approvers to impose limits, name who must comply, and to reject applications unless the aircraft can reasonably be expected to fly safely for that purpose; applicants and named persons carry the compliance costs (see s4(2), s5)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope. It was clearly intended from the outset to provide a time-limited, specific exemption for temporary modifications and repairs associated with special flight permits, and it does exactly that without expanding into broader design approval matters."},"complexity_factors":["Short instrument with only 5 operative sections plus name and duration provisions","Minimal defined terms (only 'approver', 'applicant', and 'CASR 21.197 purpose' effectively defined in context)","Clear conditional structure in section 4 with single exemption and single condition","Straightforward directional language in section 5 without nested subsections or cross-references beyond basic CASR citations","No exceptions to exceptions or complex temporal limitations beyond the fixed repeal date","Limited interaction with external legislation (only references to CASR regulations 11.160, 11.205, 11.245, 21.009, 21.436, 21.437, and 21.197)"],"plain_english_summary":"This temporary CASA rule lets approved design organisations or authorised approvers approve limited temporary repairs or modifications that don’t fully meet normal airworthiness standards, solely to enable an aircraft to fly under a special flight permit for specific purposes (e.g., ferrying, testing).  \n\nIt affects approvers, applicants, and operators/pilots, requires documented risk assessment and safety conditions, and balances operational flexibility with mandated safety limits; it expires 31 August 2026."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023","history":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023/history","analysis":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023/analysis","conflicts":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023/conflicts","importantCases":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023/important-cases","documents":"/api/acts/casa-ex90-23-design-of-temporary-modifications-or-repairs-special-flight-permit-instrument-2023/documents"}}