Division 11.F.2—Grant of exemptions in exceptional circumstances

Subpart 11.A—Preliminary #### 11.005 Purpose of Part This Part sets out administrative provisions for the regulation of civil aviation, including in relation to: (a) authorisations; and (b) exemptions from provisions of these Regulations and the Civil Aviation Orders; and (c) directions; and (d) delegation of CASA’s powers; and (e) the issuing of Manuals of Standards. #### 11.010 What is in this Part (1) Subpart 11.A contains preliminary matters and definitions. (2) Subpart 11.B contains rules that apply to CASA in administering applications for certain authorisations granted under these Regulations. (3) 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. (3A) Subpart 11.BA contains rules about granting authorisations, including the duration of, and the imposition of conditions on, authorisations. (4) Subpart 11.C provides for the form of authorisation documents and other matters related to such documents. (5) Subpart 11.D is about variation, suspension or cancellation of an authorisation at the holder’s request. (6) Subpart 11.E is about renewal of a time‑limited authorisation. (7) Subpart 11.F is about exemptions from the provisions of these Regulations. (8) Subpart 11.G provides for the issue, by CASA, of temporary directions in relation to matters affecting the safety of air navigation. (9) Subpart 11.H deals with delegation of CASA’s powers under these Regulations. (10) Subpart 11.J sets out the procedure for issuing or amending Manuals of Standards. #### 11.015 Definitions for Part In this Part: > authorisation means: (a) a civil aviation authorisation other than: (i) an AOC; or (ii) a delegation; or (iii) the appointment of an authorised person; or (iv) an authorisation issued by an ASAO; or (b) 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 (c) a certificate capable of being granted to a person under these Regulations. > Note: For the definition of civil aviation authorisation, see section 3 of the Act. > corporation means a legal person that is not an individual. > medical includes psychological and psychiatric. > officer, of a corporation, means: (a) 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 (b) in the case of a corporation of any other kind: (i) 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 (ii) an employee or staff member of the corporation; or (c) a receiver and manager, appointed under a power contained in an instrument, of property of the corporation. > time‑limited authorisation means: (a) an authorisation that, under another provision of these Regulations, ceases after a particular period; or (b) an authorisation granted by CASA for a specified period. #### 11.018 Approval of forms (1) 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. (2) If, under subregulation (1), CASA has approved a form for a document, the document is not taken to have been completed unless it: (a) is in the approved form; and (b) includes all of the information required by the form. > Note: For the form of an application for an authorisation, see regulation 11.030. Subpart 11.B—Applications for authorisations #### 11.020 Effect of this Subpart The requirements of this Subpart in relation to an application for a particular kind of authorisation are in addition to any requirements of the Part or Subpart that deals with the kind of authorisation. #### 11.025 Application of Part 11 to authorised persons If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in this Part to CASA includes, in relation to such an application, a reference to the authorised person to whom the application is made. #### 11.026 Application of Part 11 to approved design organisations (1) If these Regulations allow an application for an authorisation to be made to an approved design organisation, a reference in this Part to CASA includes a reference to the approved design organisation to which the application is made: (a) in relation to such an application; and (b) if the organisation grants the authorisation—in relation to the following: (i) imposing conditions on, and varying conditions of, the authorisation under regulation 11.067; (ii) the conditions mentioned in regulations 11.070 to 11.074; (iii) imposing a requirement under regulation 11.074 or 11.075; (iv) an application for variation of the authorisation under Subpart 11.D. (2) Subregulation (3) applies to an approved design organisation that conducts a certification activity. (3) The following regulations apply to the approved design organisation as if each reference in them to CASA considering the application were a reference to the organisation satisfying itself about the matter to which the certification activity relates: (a) regulation 11.040 (Other things CASA can ask applicant to do—provide more information); (b) regulation 11.047 (Other things CASA can ask applicant to do—statutory declarations to verify applications). (4) In this regulation: > certification activity: see regulation 21.233. #### 11.027 Application of Part 11 to relevant approved organisations If these Regulations allow an application for an authorisation to be made to a limited category organisation: (a) a reference in this Subpart to CASA includes, in relation to the application, a reference to the limited category organisation to which the application is made; and (b) a reference in Subpart 11.BA (granting authorisations etc), other than regulation 11.068 (conditions imposed on class of authorisations), to CASA includes a reference to the limited category organisation; and (c) a reference in Subpart 11.D (variation, suspension and cancellation of authorisations at holder’s request) to CASA includes a reference to the limited category organisation. #### 11.028 Application of Part 11 to examiners, instructors and approval holders If these Regulations allow an application for an authorisation to be made to an examiner or instructor, or the holder of an approval under regulation 61.040, 141.035 or 142.040, a reference in this Part to CASA includes, in relation to such an application, a reference to the examiner, instructor or approval holder to whom the application is made. #### 11.030 When application taken to be complete (1) An application for an authorisation is not taken to have been made unless: (a) it is made in the manner approved by CASA for that purpose; and (aa) if CASA has approved a form for the application—it is in the approved form and includes all of the information required by the form; and (ab) if the application is for an authorisation covered by subregulation 11.033(2), and is made by a person (the agent) on behalf of the applicant for the authorisation—it is accompanied by a declaration by the agent under subregulation 11.033(1); and (b) it includes all the information required by these Regulations; and (c) it is accompanied by every document required by these Regulations; and (d) if a fee is payable for the application—that fee has been paid; and (e) if unmanned aircraft levy is payable for the application—that levy has been paid. > Note: It is an offence to make a false statement in, or supply a false or misleading document with, an application—see the Criminal Code, sections 137.1 and 137.2. (2) If another provision of these Regulations requires a holder of an authorisation to have an approved manual, an application for such an authorisation is not taken to have been made until the applicant gives to CASA a copy of a draft of an appropriate manual. (3) For paragraph (1)(aa), CASA may, in writing, approve a form for an application for an authorisation. #### 11.032 Application for authorisation after previous authorisation cancelled (1) Subject to subregulation (2), if: (a) a person who applies for an authorisation at a particular time (the current time) has previously held an authorisation of the same kind (the earlier authorisation); and (b) the earlier authorisation was cancelled, other than at the request of the holder; the applicant must include with the application any available evidence to show that the applicant could properly undertake the activity authorised by the authorisation at the current time. (2) For an authorisation mentioned in an item in the following table, subregulation (1) applies only if the authorisation was cancelled for a reason mentioned in the item. | Item | Authorisation | Reason for cancellation | | ---- | ------------------------------------- | ----------------------------------------------- | | 1 | ATC licence or flight service licence | A reason mentioned in subregulation 65.265(1) | | 2 | Approval as an ARFFS provider | A reason mentioned in subregulation 139.1020(1) | | 3 | Approval as an ATS training provider | A reason mentioned in regulation 143.225 | | 4 | Approval as an ATS provider | A reason mentioned in regulation 172.315 | #### 11.033 Applications by agents (1) If a person (the agent) applies on behalf of an applicant for an authorisation covered by subregulation (2), the application must include a declaration from the agent stating that: (a) the agent has received from the applicant the signed declaration required by paragraph 11.034(1)(b); and (b) the application has been prepared in accordance with the information provided by the applicant. > Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents. (2) For the purposes of subregulation (1), this subregulation covers the following authorisations: (a) a remote pilot licence under Division 101.F.3 authorising the holder to operate an RPA; (b) an authorisation of a kind determined under subregulation (3) for the purposes of this paragraph. (3) For the purposes of subsection 98(5A) of the Act and paragraph (2)(b) of this regulation, CASA may, by instrument, determine kinds of authorisations. > Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988. (4) A person (the agent) commits an offence of strict liability if: (a) the agent is subject to a requirement to include a declaration in an application in accordance with subregulation (1); and (b) the agent fails to comply with the requirement. Penalty: 30 penalty units. #### 11.034 Requirements for applications made by agents Requirements for the applicant (1) If a person (the applicant) authorises another person (the agent) to make an application on the applicant’s behalf for an authorisation covered by subregulation 11.033(2), the applicant must give the agent: (a) any information and documents required by the agent to make the application; and (b) a signed declaration stating that: (i) the applicant has authorised the agent to make the application on the applicant’s behalf; and (ii) the information provided by the applicant to the agent for the making of the application (including information in any documents so provided) is true and correct. > Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents. (2) A person (the applicant) commits an offence of strict liability if: (a) the applicant is subject to a requirement to give a signed declaration to an agent in accordance with subregulation (1); and (b) the applicant fails to comply with the requirement. Penalty: 30 penalty units. Requirement to keep declarations (or copy)—agents and applicants (3) A person, other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must keep the declaration, or a copy of the declaration, at least for the following period, beginning on the day the declaration is made: (a) if CASA has determined a period under subregulation (4) for the purposes of this paragraph that applies to the declaration—that period; or (b) otherwise—5 years. (4) For the purposes of subsection 98(5A) of the Act and paragraph (3)(a) of this regulation, CASA may, by instrument, determine periods of not more than 5 years: (a) in relation to classes of declarations; or (b) in relation to particular declarations. > Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988. (5) A person commits an offence of strict liability if: (a) the person is subject to a requirement under subregulation (3); and (b) the person fails to comply with the requirement. Penalty: 30 penalty units. Requirement to produce declarations (or copy)—agents and applicants (6) A person (the agent or applicant), other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must produce the declaration, or a copy of the declaration, for inspection on a demand made, within the period that applies to the declaration under subregulation (3), by a person covered by subregulation (7). (7) For the purposes of subregulation (6), this subregulation covers the following persons: (a) an authorised person; (b) a member or special member of the Australian Federal Police; (c) a member of a police force or a police service of a State or Territory. (8) An agent or applicant commits an offence of strict liability if: (a) the agent or applicant makes, or receives, a declaration under regulation 11.033 or this regulation; and (b) a person makes a demand of the agent or applicant under subregulation (6); and (c) the agent or applicant fails to comply with the demand. Penalty: 5 penalty units. #### 11.035 Other things CASA can ask applicant to do—test or interview (1) In this regulation: > test includes a written, oral or on‑line examination and a practical assessment. (2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to: (a) undertake a test of knowledge, skill or competence relevant to the application; or (b) come to a specified CASA office at a specified time to be interviewed. (3) If CASA reasonably needs to interview or test an officer of an applicant that is a corporation for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may, by written notice, ask the applicant to have the officer: (a) undertake a test of knowledge, skill or competence relevant to the application; or (b) come to a specified CASA office at a specified time to be interviewed. (4) The time of interview and the CASA office specified in a notice under paragraph (2)(b) or (3)(b) must be reasonable in the circumstances. (5) CASA must give to the applicant a copy of the record of any test (including the testing officer’s assessment of the competence of the person tested), or the record of any interview, conducted under subregulation (2) or (3). (6) However, subregulation (5) does not require CASA to return marked examination papers or give copies of marked examination papers. #### 11.040 Other things CASA can ask applicant to do—provide more information (1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may by written notice ask the applicant to give to it information, or a copy of a document, specified in the request. > Note: Example: The person or body to whom an application for a certificate of airworthiness for an aircraft is made may ask the applicant for any other information reasonably needed by it to enable it to impose any conditions on the certificate or operational limitations on the operation of the aircraft that are necessary in the interests of the safety of other airspace users or persons on the ground or water. (2) CASA may ask an applicant to provide evidence as to the applicant’s financial standing and financial capacity if there would be likely to be an adverse effect on the safety of air navigation if the applicant were granted the authorisation applied for and either did not have the resources to carry out the functions of the authorisation or were afterwards unable to continue trading. (3) If CASA asks an applicant: (a) to provide information or a copy of a document under subregulation (1); or (b) to provide evidence under subregulation (2); CASA need not begin to consider, or may stop considering, the application until CASA receives the information, document or evidence. #### 11.045 Other things CASA can ask applicant to do—demonstrate a service or facility (1) If another provision of these Regulations says that this regulation applies in relation to a particular kind of authorisation, CASA may by written notice ask an applicant for an authorisation of that kind: (a) to give a practical demonstration of its ability to provide the relevant service; or (b) to demonstrate the operation of a facility or item of equipment to be used in the course of providing the service; or (c) to allow CASA to inspect any relevant facility or equipment (whether or not it is operating). (2) If CASA asks an applicant to give a demonstration or allow an inspection under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives the demonstration or allows the inspection. #### 11.047 Other things CASA can ask applicant to do—statutory declarations to verify applications (1) CASA may ask an applicant to verify, by statutory declaration, any statement made by the applicant in an application. (2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration. #### 11.050 Material that CASA may or must take into account (1) In making a decision on an application, CASA may take into account: (a) anything in the application or in any other document submitted, or information provided, by the applicant; and (b) the record or results of any test or interview under regulation 11.035; and (c) anything else in its records about the applicant; and (d) the results of any demonstration or inspection under regulation 11.045. (2) However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant): (a) tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and (b) invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter. (3) Subject to subregulation (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account. (3A) CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission. (3B) If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration. (4) When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account: (a) the fact of the cancellation; and (b) the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and (c) any evidence that the applicant submits about the applicant’s capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted. (5) For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if: (a) where the applicant is an individual (including a member of a partnership)—the applicant was a member or officer of the holder of the authorisation; or (b) where the applicant is a corporation—an officer of the applicant was a member or officer of the holder of the authorisation. (6) When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation. Subpart 11.BA—Granting authorisations etc #### 11.055 Grant of authorisation (1) This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act. > Note 1: Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person. > Note 2: Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension. > Note 3: Under section 30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension. > Note 4: Under section 30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph 30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice. (1A) Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if: (a) the person meets the criteria specified in these Regulations for the grant of the authorisation; and (b) any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and (c) any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and (d) these Regulations do not forbid CASA granting the authorisation in the particular case; and (e) granting the authorisation would not be likely to have an adverse effect on the safety of air navigation. (1B) If another provision of these Regulations provides that this subregulation applies to the granting of the authorisation, CASA may grant the authorisation only if: (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and (b) granting the authorisation will preserve a level of aviation safety that is at least acceptable. (1C) If the authorisation is an experimental certificate, CASA may grant the authorisation only if: (a) the requirements of paragraphs (1A)(a) to (d) are satisfied; and (b) granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water. (2) In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual): (a) having any qualifications required by or under these Regulations for the grant of the authorisation; and (b) having any experience required by or under these Regulations for that grant; and (c) having successfully completed any training required by or under these Regulations for that grant; and (d) if there is a requirement as to recency or currency of the applicant’s training or experience—meeting that requirement; and (e) if a standard of medical fitness is required by or under these Regulations for that grant: (i) having attained that standard; and (ii) having been granted any medical certificate required; and (f) if particular attributes of character are required by or under these Regulations for that grant—having those attributes; and (g) if a standard of proficiency in an activity is required by or under these Regulations for that grant—meeting that standard of proficiency. (3) If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted. (4) For paragraphs (1A)(e) and (1B)(b), CASA may take into account: (a) the applicant’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and (b) the applicant’s demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and (c) the applicant’s experience (if any) in aviation; and (d) the applicant’s knowledge of the regulatory requirements applicable to civil aviation in Australia; and (e) the applicant’s history, if any, of serious behavioural problems; and (f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and (g) any evidence held by CASA that the applicant has contravened: (i) the Act or these Regulations; or (ii) a law of another country relating to aviation safety; or (iii) another law (of Australia or of another country) relating to transport safety; and (h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant’s financial standing and financial stability; and (i) any other matter relating to the fitness of the applicant to hold the authorisation. (5) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant. (6) For the application of paragraphs (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership. (7) CASA may grant the authorisation in respect of only some of the matters sought in the application. #### 11.056 Authorisation may be granted subject to conditions (1) CASA may grant an authorisation subject to any condition that CASA is satisfied is necessary: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or (ab) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or (ac) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water; or (b) to ensure that, as far as practicable, the environment is protected from: (i) the effects of the operation and use of aircraft; and (ii) the effects associated with the operation and use of aircraft. > Note: Other conditions applicable to authorisations are set out in these Regulations—see in particular regulations 11.070 to 11.075. (2) A condition imposed under this regulation must be set out in, or attached to, the authorisation. #### 11.060 Notice of decision (1) After making a decision on an application, CASA must give the applicant written notice of the decision, including: (a) if the decision was to grant the authorisation applied for: (i) if these Regulations provide for a certificate or other document to be issued to the applicant as evidence that he or she holds the authorisation—that document; and (ii) if the decision included a decision to impose a condition that was not sought by the applicant—the reasons for the decision; or (b) if the decision was to refuse to grant the authorisation—the reasons for the decision. > Note: Most decisions in relation to authorisations are reviewable by the Administrative Review Tribunal—see section 31 of the Act, regulation 201.004 and regulation 297A of CAR. Section 266 of the Administrative Review Tribunal Act 2024 requires that a person affected by a reviewable decision be given notice of the existence of the right of review. (2) A notice or document mentioned in subregulation (1) may state the date on which the authorisation comes into effect. (3) The date must not be before the date of the notice or document. (4) A failure by CASA to comply with subparagraph (1)(a)(ii) or paragraph (1)(b) in relation to a decision does not invalidate the decision. #### 11.065 When authorisation comes into effect An authorisation comes into effect: (a) on a day stated for that purpose in a document that is evidence of the holding of the authorisation, or in any relevant notice under subregulation 11.060(1); or (b) if no day is so stated—on the date of the document or notice. > Note: Some kinds of authorisation continue indefinitely unless cancelled. Others cease (unless sooner cancelled) at a time set by another provision of these Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA, subject to a maximum duration. #### 11.067 Imposing and varying conditions after grant of authorisation (1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation. (1A) CASA may impose or vary a condition only if CASA considers that it is necessary: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or (b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or (c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water. (2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation. (3) The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation. (4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition: (a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or (b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or (c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water. (5) If: (a) after the end of the period specified under subregulation (3); and (b) having taken account of any submission made by the holder within that period; CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition. (6) CASA must give the holder of the authorisation written notice of its decision. (7) A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice. (8) This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068. #### 11.068 Conditions imposed on class of authorisations (1) For subsection 98(5A) of the Act, CASA may issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations. (2) The class of authorisations may include authorisations granted before the imposition of the condition. (3) A condition imposed by a legislative instrument issued under subregulation (1) is taken to be a condition of every authorisation of the class mentioned in the instrument. (4) A condition imposed by a legislative instrument issued under subregulation (1) takes effect: (a) for an authorisation that takes effect before the day on which the instrument comes into force: (i) when the instrument comes into force; or (ii) if a later time is stated in the instrument—at that time; and (b) for an authorisation granted on or after the day on which the instrument comes into force: (i) when the authorisation comes into effect; or (ii) if a later time is stated in the instrument—at that time. #### 11.070 Conditions of authorisations—change of name or address (1) It is a condition of an authorisation that its holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of either of the following kinds: (a) the holder changes his, her or its name; (b) the holder changes any of the following addresses: (i) if the holder is an individual—his or her residential address; (ii) if the holder is a corporation—the address of its registered office; (iii) if the holder has given CASA an address to which notices may be sent—that address; (iv) any other address that was required to be stated in the application for the authorisation. (2) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) a change mentioned in paragraph (1)(a) or (b) happens in relation to the person; and (c) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period. (4) An offence against subregulation (2) is an offence of strict liability. #### 11.071 Conditions of authorisations—change of nationality (1) It is a condition of an authorisation upon which is noted the nationality of its holder that the holder must, within the period mentioned in subregulation (3), tell CASA, in writing, of a change of his or her nationality. > Note: The holder’s nationality is noted on a flight crew licence and aircraft maintenance engineer licence. This requirement is imposed by ICAO. (2) A person commits an offence if the person: (a) is the holder of an authorisation on which is noted his or her nationality; and (b) changes his or her nationality; and (c) does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period. (4) An offence against subregulation (2) is an offence of strict liability. #### 11.072 Conditions of authorisations—change of business status (1) It is a condition of an authorisation used in connection with an aviation‑related activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation (3): (a) if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territory—the holder changes that name, ceases to use that name, or begins to use another name; (b) the person changes the place at which he or she carries on the business; (c) the holder ceases to be entitled to occupy the premises from which he or she carries on the business; (d) the holder ceases temporarily or permanently to carry on the business; (e) if the holder is an individual—the holder: (i) is declared bankrupt; or (ii) enters into an arrangement with his or her creditors under Part X of the Bankruptcy Act 1966; or (iii) applies to take the benefit of any other law for the protection of debtors; or (iv) becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months; (f) if the holder is a member of a partnership—an event mentioned in paragraph (e) happens to any of the members; (g) if the holder is a corporation: (i) the holder: (A) becomes a Chapter 5 body corporate (within the meaning given by section 9 of the Corporations Act 2001); or (B) applies to take the benefit of any other law for the protection of insolvent corporations; or (ii) an event mentioned in paragraph (e) happens to any of the holder’s key personnel. (2) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) the person uses the authorisation in connection with an aviation‑related activity of a business; and (c) a change mentioned in subregulation (1) happens in relation to the person; and (d) the person does not tell CASA, in writing, of the change within the period mentioned in subregulation (3). Penalty: 50 penalty units. (3) The period is: (a) within 14 days after the change happens; or (b) if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change—within that period. (4) An offence against subregulation (2) in relation to a change mentioned in paragraph (1)(a), (b), (c) or (d), subparagraph (1)(e)(i), (ii) or (iii) or subparagraph (1)(g)(i) is an offence of strict liability. (5) In this regulation: > key personnel, in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation. #### 11.073 Conditions of authorisations—notice of death, dissolution etc (1) It is a condition of an authorisation held by a member of a partnership that, if any of the members dies, another of the members must tell CASA in writing within a reasonable period after the member’s death. (2) It is a condition of an authorisation held by a member of a partnership that, if the partnership is dissolved, a former member must tell CASA in writing within 14 days after the partnership is dissolved. (3) It is a condition of an authorisation held by a corporation that, if the corporation is placed in liquidation, the liquidator must tell CASA in writing within 14 days after the corporation is placed in liquidation. (4) A person commits an offence if: (a) he or she is the liquidator of a corporation that holds an authorisation; and (b) he or she does not, within 14 days after the corporation is placed in liquidation, tell CASA, in writing, that the corporation has been placed in liquidation. Penalty: 50 penalty units. (5) It is a condition of an authorisation held by a corporation that, if the corporation is placed in administration, the administrator must tell CASA in writing within 14 days after the corporation is placed in administration. (6) A person commits an offence if: (a) he or she is the administrator of a corporation that holds an authorisation; and (b) he or she does not, within 14 days after the corporation is placed in administration, tell CASA, in writing, that the corporation has been placed in administration. Penalty: 50 penalty units. (7) An offence against subregulation (4) or (6) is an offence of strict liability. #### 11.074 Conditions of authorisations—notice required by CASA (1) Subject to subregulation (2), CASA may, by written notice given to the holder of an authorisation, require the holder to notify CASA of the happening of an event specified in the notice within a specified period. (2) An event specified in the notice must be an event that CASA is satisfied might adversely affect the carrying out of the activity authorised by the authorisation. (3) It is a condition of the authorisation that the holder must comply with the notice. (4) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) under subregulation (1), CASA requires the person to notify CASA of the happening of an event within a specified period; and (c) the event happens; and (d) the person does not tell CASA, in writing, of the event within the specified period. Penalty: 50 penalty units. (5) Strict liability applies to paragraph (4)(d). #### 11.075 Conditions of authorisations—provision of information (1) CASA may, by written notice, require the holder of an authorisation to give CASA specified information, or a specified document, that relates to the activity, document or thing to which the authorisation relates. (2) It is a condition of an authorisation that its holder must comply with a notice given under subregulation (1): (a) within 14 days after receiving the notice; or (b) if a different period is specified in the notice—within that period. (3) A person commits an offence if: (a) the person is the holder of an authorisation; and (b) CASA requires the person, under subregulation (1), to give CASA information or a document; and (c) the person does not give CASA the information or document: (i) within 14 days after receiving the notice; or (ii) if a different period is specified in the notice—within that period. Penalty: 50 penalty units. (4) Strict liability applies to paragraph (3)(c). #### 11.077 Breach of conditions—offence (1) A person commits an offence if: (a) the person holds an authorisation that is subject to a condition imposed under regulation 11.056, 11.067 or 11.068; and (b) the person contravenes the condition. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 11.080 Authorisations not transferable An authorisation is not transferable, unless a provision in these Regulations provides otherwise. > Note: For authorisations that are transferable, see the following provisions: (a) regulation 21.047 (type certificates); (b) regulation 21.179 (certificates of airworthiness); (c) regulation 21.219 (Class II provisional certificates of airworthiness); (d) regulation 21.450 (modification/repair design approvals and approvals mentioned in regulation 21.475). Subpart 11.C—Authorisation documents, certificates and related matters #### 11.090 Authorisation document—authorisations to which Chicago Convention, Annex 1 applies (1) This regulation applies to an authorisation to which Annex 1, Personnel Licensing, to the Chicago Convention applies. (2) The authorisation must comply with Chapter 5 of that Annex. #### 11.095 Authorisation document—maintenance operation authorisations (1) This regulation applies to a maintenance operation authorisation (within the meaning given by Annex 6, Operation of Aircraft, to the Chicago Convention). (2) The authorisation must comply with paragraph 8.7.1.2 of that Annex. #### 11.100 Registration certificate (Chicago Convention, Annex 7) (1) This regulation applies to a certificate of registration for an aircraft. (2) The certificate must be in a form that complies with section 7.1 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention. #### 11.105 Certificate of Airworthiness (Chicago Convention, Annex 8) (1) This regulation applies to a certificate of airworthiness for an aircraft. (2) The certificate must be in a form that complies with section 7 of Annex 8, Airworthiness of Aircraft, to the Chicago Convention. #### 11.110 Authorisation document—other authorisations (1) This regulation applies to an authorisation to which none of regulations 11.090 to 11.105 apply. (2) The authorisation must set out: (a) what the authorisation is; and (b) any conditions applicable to it; and (c) when it came into effect, and, if it will cease (either under a provision of these Regulations or on a day set by CASA) if not sooner cancelled—the day when it will cease; and (d) any other information CASA thinks should be included. #### 11.115 Replacement documents CASA may issue a replacement authorisation document in place of one: (a) that contains anything that is not, or is no longer, correct; or (b) from which anything has been omitted; or (c) that has been lost or destroyed. Subpart 11.D—Applications for variation, suspension and cancellation of authorisations #### 11.120 What Subpart 11.D is about This Subpart provides for applications that may be made by the holder of an authorisation for: (a) the variation of the authorisation, including imposing, removing or varying a condition of the authorisation; or (b) the suspension or cancellation of the authorisation. > Note: See Part 13 in regard to suspension, variation or cancellation of an authorisation for other reasons. #### 11.125 Application of Subparts 11.B and 11.BA to variation of authorisation (1A) The holder of an authorisation may apply, in writing, for a variation of the authorisation. (1B) The application may be made to a person to whom the application for the authorisation could have been made. (1) Subpart 11.B applies in relation to an application, to which this Subpart applies, to vary an authorisation as if each reference in Subpart 11.B to an application for an authorisation were a reference to an application to vary the authorisation. (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed. (3) Regulations 11.055, 11.056, 11.060 and 11.065 apply to a variation of an authorisation as if each reference in those regulations to an authorisation were a reference to a variation of an authorisation. #### 11.130 Suspension or cancellation of authorisation (1) The holder of an authorisation may apply to CASA, in writing, for the authorisation to be suspended or cancelled. > Note: In relation to the cancellation of the registration of an aircraft, see also regulation 47.131B. (1A) CASA must, by written notice to the holder, suspend or cancel the authorisation. (2) Suspension or cancellation under this Subpart has effect: (a) at the time the holder specifies in the application as the time for the suspension or cancellation to have effect; or (b) if the holder does not specify such a time—when the holder is given written notice by CASA of the suspension or cancellation. (3) Suspension of an authorisation under this Subpart ceases to have effect: (a) at the time, if any, that the holder specifies in the application as the time that the suspension is to cease to have effect; or (b) if the holder does not specify a time for that purpose—at the time CASA directs, by written notice to the holder. #### 11.132 Effect of suspension (1) If a person’s authorisation is suspended under this Subpart: (a) the person is taken, for the purpose of any provision of these Regulations under which the holding of the authorisation is a requirement for the grant of another authorisation, not to be the holder of the authorisation during the period of suspension; and (b) the authorisation is not in force during the period of suspension. (2) If a time‑limited authorisation is suspended under this Subpart, the period for which the authorisation was granted continues to run. Subpart 11.E—Time‑limited authorisations #### 11.135 Purpose of Subpart This Subpart sets out provisions relating to time‑limited authorisations. #### 11.140 Continuation of authorisation until application decided (1) This regulation applies in relation to a time‑limited authorisation (the old authorisation) if: (a) at least: (i) in the case of an authorisation held by a corporation, 90 days; or (ii) in any other case, 21 days; before the time when the old authorisation would otherwise cease, its holder applies to CASA for the issue of a new time‑limited authorisation that confers the same privileges, or authorises the holder to carry out the same functions or duties, as the old authorisation; and (b) at the time when the old authorisation would otherwise cease, CASA has not made a decision on the application. (2) For subregulation (1), an applicant has applied for the new authorisation only if: (a) the applicant has given to CASA the necessary application, in the form required by these Regulations; and (b) the application is taken to be complete, in accordance with regulation 11.030; and (c) the applicant has given to CASA any other documents required by these Regulations to be given to CASA with the application. > Note: The applicant does not need to give to CASA information or a document that CASA already has—see regulation 11.145. (3) In spite of any other provision of these Regulations, but subject to subregulation (4), the old authorisation continues in force until: (a) CASA makes a decision on the application; and (b) if the decision is to grant the new authorisation—the new authorisation comes into force. (4) If CASA asks for further information or a document or invites the applicant to make a submission, under a provision of Subpart 11.B as applied by regulation 11.145, and the applicant does not do so within the period specified by CASA under that provision, then, despite subregulation (3), the old authorisation is taken to cease at the end of that period. #### 11.145 Application of Subparts 11.B and 11.BA (1) Subparts 11.B and 11.BA apply to an application referred to in paragraph 11.140(1)(a). (2) However, if the applicant has previously given to CASA information or a document relevant to the application, the applicant need not do so again unless the information or document has changed. (3) If these Regulations allow an application for an authorisation to be made to an authorised person, a reference in Subpart 11.B or 11.BA or this Subpart to CASA includes, in relation to an application mentioned in paragraph 11.140(1)(a), an authorised person to whom such an application is made. #### 11.150 Conditions on new authorisation Unless another provision of these Regulations says otherwise, if CASA grants the new authorisation, CASA is not obliged: (a) to impose the same conditions, restrictions or limitations on the new authorisation as applied to the old one; or (b) to grant the new authorisation for the same duration as for the old one. Subpart 11.F—Exemptions from provisions of these Regulations and Civil Aviation Orders ### Division 11.F.1—Grant of standard exemptions #### 11.155 Purpose of Division This Division provides for the granting of exemptions from particular provisions of these Regulations or the Civil Aviation Orders. > Note: Division 11.F.2 provides separately for exemptions in exceptional circumstances, such as a natural disaster. #### 11.160 What exemptions can be granted under this Division (1) For subsection 98(5A) of the Act, CASA may, by instrument, grant an exemption under this Division from compliance with: (a) a provision of these Regulations; or (b) a provision of a Civil Aviation Order; in relation to a matter mentioned in that subsection. (2) CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. (3) CASA may grant an exemption under this Division either on application or on its own initiative. > Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. > Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004. #### 11.165 Applications for exemptions (1) A person may apply to CASA, in accordance with this regulation, for an exemption under this Division. (2) The application must be in writing. (3) The application must set out: (a) the applicant’s name and address; and (b) details of any relevant authorisation; and (c) references to the relevant provisions of these Regulations; and (d) details of any aircraft or aeronautical product, or type of aircraft or aeronautical product, or material or kind of material, or service or kind of service, to be affected by the exemption; and (e) if the exemption will affect a particular kind of operation, the kind of operation; and (f) the reasons why the exemption is necessary; and (g) details of how the applicant proposes to ensure that an acceptable level of safety will be provided when operating in accordance with the exemption; and (h) the date on which the applicant requires the exemption to commence; and (i) how long the applicant requires the exemption to remain in effect. (4) Unless CASA agrees otherwise, the applicant must give the application to CASA at least 3 months before the day on which the applicant requires the exemption to commence. #### 11.170 Consideration of applications (1) Regulations 11.035 to 11.050 apply in relation to an application under this Division. (2) For that application, a reference to an authorisation is taken to be a reference to an exemption. (3) In making its decision, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. #### 11.175 Renewal of exemptions under this Division (1) CASA must not grant an exemption under this Division to a person in the same or similar terms as an exemption previously granted under this Division to the person unless the person: (a) applies, in accordance with regulation 11.165, for the new exemption; and (b) includes with the application a statement of the additional reasons why the exemption is necessary, or the reasons why the continuation of the exemption is necessary. (2) Regulations 11.035 to 11.050 apply in relation to the consideration of an application mentioned in subregulation (1). (3) For that application, a reference to an authorisation is taken to be a reference to an exemption. (4) In making its decision, CASA must: (a) take into account the reasons given by the applicant for the new exemption, or the continuation of the exemption, and the fact that the applicant has previously been granted a similar exemption; and (b) regard the preservation of a level of aviation safety that is at least acceptable as paramount. ### Division 11.F.2—Grant of exemptions in exceptional circumstances #### 11.180 Purpose of Division This Division provides for the granting of exemptions in exceptional circumstances. #### 11.185 Exemptions in exceptional circumstances (1) For subsection 98(5A) of the Act, in exceptional circumstances CASA may, by instrument, grant an exemption under this Division from compliance with: (a) a provision of these Regulations; or (b) a provision of a Civil Aviation Order; in relation to a matter mentioned in that subsection. (2) In subregulation (1): > exceptional circumstances means the circumstances of a major natural disaster, some other large‑scale emergency, or an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates, that requires the use of air transport, or some other aviation activity, in a way that is not reasonably possible in compliance with these Regulations. > Note: Example: Following the destruction of Darwin by Cyclone Tracy, airliners were permitted to operate when severely overloaded to allow evacuation of the city as rapidly as possible. (3) To avoid doubt, it is not necessary for subregulation (1) that a state of emergency or natural disaster need have been declared. (4) CASA may grant an exemption under this Division to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic. (5) CASA may grant an exemption under this Division either on application or on its own initiative. > Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. > Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004. #### 11.190 Application An application for an exemption under this Division may be made in any way that is reasonable in the circumstances. #### 11.195 Consideration by CASA In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances. ### Division 11.F.3—Exemptions generally #### 11.200 Purpose of Division This Division sets out general provisions applying to exemptions under this Subpart. #### 11.205 Conditions (1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation. (2) The condition must be set out in the instrument of exemption. #### 11.210 Offence: failure to comply with condition (1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. #### 11.220 Notice of grant of exemption (1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of: (a) its decision; and (b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant—the reasons for the decision. (2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision. #### 11.225 Publication of exemption CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart. > Note: The Internet address for CASA’s website is http://www.casa.gov.au. #### 11.230 When exemptions cease (1) An exemption under Division 11.F.1 ceases: (a) at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or (b) if no day is specified for that purpose in the instrument—3 years after it commences. (2) An exemption under Division 11.F.2 ceases: (a) at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or (b) if no day is specified for that purpose in the instrument—12 months after it commences. (3) If an exemption is granted in relation to a particular aircraft, and, before the time at which the exemption would cease under subregulation (1) or (2), the aircraft ceases to be owned by the person who owned it at the time the exemption was granted, the exemption ceases at the time when the aircraft ceases to be owned by that person. #### 11.235 Exemptions not transferable An exemption under this Subpart is not transferable. Subpart 11.G—Directions #### 11.240 Purpose of Subpart This Subpart provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation. #### 11.245 CASA may issue directions (1) For subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting: (a) the safe navigation and operation of aircraft; or (b) the maintenance of aircraft; or (c) the airworthiness of, or design standards for, aircraft. > Note 1: For the application of the Legislation Act 2003 to an instrument containing a direction under this regulation, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act. > Note 2: See also Part 39 in relation to CASA’s powers to issue airworthiness directives. (2) However, CASA may issue such a direction: (a) only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation; and (b) only if the direction is not inconsistent with the Act; and (c) only for the purposes of CASA’s functions. > Note: CASA’s functions are set out in section 9 of the Act. #### 11.250 Period of effect of direction A direction under regulation 11.245 ceases to be in force: (a) if it specifies a day on which it ceases to be in force—on the specified day; or (b) if it does not specify a day for that purpose—1 year after the day it commences. #### 11.255 Contravention of direction (1) A person must not contravene a direction under regulation 11.245 that is applicable to the person. Penalty: 50 penalty units. (2) A contravention of subregulation (1) is an offence of strict liability. Subpart 11.H—Delegation of CASA’s powers #### 11.260 Delegation (1) The Director may, by written instrument, delegate to an officer a power of CASA under these Regulations. (1A) The Director may, by written instrument, delegate to a person a power of CASA under these Regulations for, or in connection with, the performance of a function conferred on CASA under subsection 9(1) of the Act. (2) However, the following powers of CASA must be exercised by the Director personally: (b) the power to issue a type acceptance certificate subject to a condition under subregulation 21.029B(2); (c) the power to refuse to issue a type acceptance certificate under subregulation 21.029C(1); (d) the power to suspend or cancel a type acceptance certificate under subregulation 21.051(4). (3) A delegation may be subject to conditions stated in the instrument of delegation. (4) A delegate is subject to any written direction of the Director in the exercise of a power, or the performance of a function, delegated under this regulation. Subpart 11.J—Manuals of Standards—procedures #### 11.265 Purpose of Subpart This Subpart sets out the procedures for consultation before CASA issues a Manual of Standards. > Note: Manuals of Standards are documents which support these Regulations by providing detailed technical material, such as technical specifications or standards. Manuals of Standards are legislative instruments and are subject to registration and disallowance under the Legislation Act 2003. #### 11.267 Application of Subpart to amendment or revocation of Manual of Standards The procedures in this Subpart apply to the amendment or revocation of a MOS in the same way as the procedures apply to the issue of a MOS. #### 11.270 Definition—MOS In this Subpart: > MOS means Manual of Standards. #### 11.275 Notice of intention to issue Manuals of Standards not required in certain circumstances (1) CASA must comply with the procedures set out in this Subpart before issuing a MOS unless the Director determines, in writing, that: (a) it is necessary to issue the MOS as soon as practicable in the interests of aviation safety; or (b) the MOS is required to give effect to a specific undertaking given by the Minister; or (c) the MOS is required to give effect to an obligation under an international treaty or an intergovernmental agreement; or (d) the MOS is of a minor or machinery nature that does not substantially alter existing arrangements; or (e) following the procedures would endanger aviation security or be otherwise contrary to the public interest. (2) If the Director makes such a determination, CASA must publish it, and a statement of the reasons for it, on the Internet within 28 days after the determination is made. > Note: The URL for CASA’s web site is http://www.casa.gov.au. (3) If CASA issues a MOS on the basis of a determination under paragraph (1)(a) (an urgent MOS), CASA must, within 28 days after the determination is made, publish on the Internet a notice about the MOS giving the information set out in paragraphs 11.280(2)(a) to (d). > Note: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services. (4) Regulations 11.285 and 11.290 apply in relation to an urgent MOS as if it were a draft MOS. #### 11.280 Notice of intention to issue Manuals of Standards (1) If CASA intends to issue a MOS, CASA must publish a notice of its intention to do so on the Internet. > Note 1: The URL for CASA’s web site is http://www.casa.gov.au. > Note 2: Certain provisions of these Regulations require copies of such a notice to be given to all providers of certain services. (2) A notice must include the following information about the draft MOS: (a) its title and a description of its contents; (b) how to obtain a copy of it; (c) the period during which comments on it may be lodged; (d) how comments are to be made and lodged. (3) Subject to subregulation (4), for paragraph (2)(c), the period must be reasonable in the circumstances but not less than 28 days. (4) For paragraph (2)(c), the period during which comments on an amendment of a MOS that is of a minor or machinery nature may be lodged must be reasonable in the circumstances but not less than 14 days. #### 11.285 Comments on draft Manuals of Standards A person may comment on a draft MOS in the way set out in the notice published under regulation 11.280 in relation to the MOS. #### 11.290 CASA to consider comments on draft Manuals of Standards Before issuing a MOS, CASA: (a) must consider any comments it has received on the draft MOS; and (b) may consult with any person on issues arising out of the comments. #### 11.295 Failure to comply with procedures not to affect validity of Manuals of Standards (1) A failure to comply with the procedures in this Subpart in relation to a MOS does not affect the validity of the MOS. (2) However, if CASA issues a MOS (other than on the basis of a determination under paragraph 11.275(1)(a)) without complying with those procedures, CASA must, within 28 days after issuing the MOS, publish a notice of consultation in relation to the MOS as if it were a notice of intention published under regulation 11.280. (3) Regulations 11.285 and 11.290 apply in relation to such a MOS as if it were a draft MOS. ## Part 13—Enforcement procedures > Note: Subparts 13.A to 13.J are reserved for future use. Subpart 13.K—Voluntary reporting and demerit points schemes ### Division 13.K.1—Aviation Self Reporting Scheme #### 13.320 Definitions In this Division: > Aviation Self Reporting Scheme or ASRS means the voluntary reporting scheme established under subregulation 13.335(1) for reporting reportable contraventions. > Executive Director means the person for the time being holding, occupying or performing the duties of the position of Executive Director of Transport Safety Investigation referred to in section 12 of the Transport Safety Investigation Act 2003. #### 13.325 Contraventions that are not reportable For the purposes of paragraph (d) of the definition of reportable contravention in section 30DL of the Act, contraventions of the following provisions of CAR are prescribed: (a) regulation 282; (b) subregulation 288(2); (c) regulation 298A; (d) regulation 298B; (e) regulation 298C; (f) regulation 301; (g) regulation 302; (h) subregulation 305(1A). #### 13.330 Prescribed person (Act s 30DM) For the purposes of Division 3C (Protection from administrative action for voluntary reporting) of Part III of the Act, the Executive Director is prescribed. #### 13.335 Establishment and purposes of scheme (Act s 30DN) (1) There is established a scheme (to be known as the Aviation Self Reporting Scheme) for the voluntary reporting of reportable contraventions. (2) The scheme is to be administered by the Executive Director. (3) The purposes of the scheme are: (a) to enable holders of civil aviation authorisations to voluntarily report reportable contraventions without administrative action being taken against them; and (b) to strengthen the foundation of aviation human factors safety research; and (c) to identify deficiencies and problems in the Australian aviation safety system; and (d) to provide data for planning and improvements to the Australian aviation safety system. #### 13.340 Powers and functions of Executive Director Without limiting the generality of the powers and functions of the Executive Director as administrator of ASRS, the Executive Director has the following powers and functions: (a) to process and accept reports; (b) to give receipts for reports; (c) to review information contained in reports in order to identify potential safety deficiencies and lessen the likelihood of accidents and serious incidents; (d) to issue information briefs or alert bulletins that the Executive Director considers are necessary in the interests of aviation safety; (e) to publish details of reviews made under paragraph (c). > Note: Regulation 13.360 affects the powers and functions of the Executive Director relating to information contained in reports. #### 13.345 Manner in which reports to be made (Act s 30DN(2)(b)) (1) A holder of a civil aviation authorisation who has committed a reportable contravention may make a written report of the reportable contravention under ASRS. (2) The report must be made to the Executive Director, in a form approved by the Executive Director, not later than 10 days after the reportable contravention. (3) The report must include the following information: (a) the name, postal address and daytime telephone number of the authorisation holder making the report; (b) if applicable—the Aviation Reference Number of the authorisation holder; (c) the class or classes of civil aviation authorisation held by the authorisation holder; (d) the time, date, place and nature of the contravention; (e) a description of the circumstances of the contravention; (f) so far as is practicable, the regulations contravened by the authorisation holder. > Note 1: A copy of the approved form is available from ATSB’s website (http://www.atsb.gov.au) or by contacting 1‑800‑020‑505. > Note 2: A report made by an authorisation holder under this regulation does not satisfy the reporting obligations under: (a) the Transport Safety Investigation Act 2003; or (b) any other provision of these Regulations relating to the reporting of defects or service difficulties on aircraft or aeronautical products. #### 13.350 Processing of reports (1) A report purportedly made in accordance with regulation 13.345 must be accepted by the Executive Director, unless it appears on the face of the report that the contravention for which the report is made is not a reportable contravention. > Note: Under section 30DL of the Act, the following contraventions are not reportable contraventions: (a) a contravention of these Regulations that is deliberate; (b) a contravention of these Regulations that is fraudulent; (c) a contravention of these Regulations that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported); (d) a contravention of a regulation prescribed under regulation 13.325. (2) If the Executive Director accepts a report, the Executive Director must: (a) ensure that the report is given a unique receipt number and stamped, on the front page, with the receipt number and the date when the report was made; and (b) give to the holder of a civil aviation authorisation who made the report a receipt that sets out: (i) the authorisation holder’s name; and (ii) the date the report was made; and (iii) the date and nature of the contravention; and (c) having regard to subregulation 13.360(2), determine what information contained in the report is to be included in the files or databases primarily kept for the purposes of ASRS; and (d) return the report to the authorisation holder who made the report. (3) If the Executive Director does not accept a report, he or she must, subject to regulation 13.355, return the report to the authorisation holder. #### 13.355 Reports relating to unlawful interference If a report relates to an act of unlawful interference (within the meaning of ICAO Document 9713, ‘International Civil Aviation Vocabulary’, as in force from time to time), the Executive Director must send it to the Aviation Security Duty Officer in the Department. #### 13.360 Use of information contained in reports (Act s 30DN(2)(c)) (1) The Executive Director must not keep a copy of a report made under ASRS. (2) The Executive Director must ensure that, to the extent practicable, information that identifies the authorisation holder who made the report (or any person referred to in the report) is not included in any file or database primarily kept for the purposes of ASRS. (3) Information contained in a report of a reportable contravention (other than information that is personal information within the meaning of the Privacy Act 1988) may be disclosed by the Executive Director without the consent of the authorisation holder who made the report but only if the information is to be used for a purpose mentioned in subregulation 13.335(3). #### 13.365 Delegation by Executive Director (1) The Executive Director may, in writing, delegate to a person engaged to perform duties in the Department (whether as an APS employee, SES employee or under any other arrangement) a power (except this power of delegation), function or duty of the Executive Director under this Division. (2) In exercising powers, functions and duties under a delegation, the delegate must comply with any directions of the Executive Director. ### Division 13.K.2—Demerit points scheme #### 13.370 Offences to which demerit points scheme applies (Act s 30DT) (1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies. (2) The number of points that are incurred in relation to an offence to which that Division applies are as follows: (a) if the maximum penalty for the offence is 10 penalty units or less—1 demerit point; (b) if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units—2 demerit points; (c) if the maximum penalty for the offence is 26 penalty units or more—3 demerit points. #### 13.375 Classes of civil aviation authorisations For the purposes of section 30DU of the Act, a civil aviation authorisation mentioned in column 2 of an item in table 13.375 belongs to the class of civil aviation authorisation mentioned in column 3 of the item. Table 13.375 Classes of civil aviation authorisations | Column 1Item | Column 2Particular civil aviation authorisations | Column 3Class of civil aviation authorisation | | ------------ | -------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------- | | 1 | a certificate issued under section 27 of the Act | Air operator certificate | | 2 | a certificate issued under Part 47 of CASR | Certificate of registration | | 3 | a certificate issued under regulation 30 of CAR | Certificate of approval | | 4 | an aircraft engineer licence | Authorisation to perform maintenance certification and issue certificate of release to service | | 4A | an authority mentioned in regulation 33B or 33C of CAR | Maintenance authority | | 5 | a licence referred to in paragraph 5.08(b) of CAR | Flight radiotelephone licence | | 6 | a licence referred to in paragraph 5.08(a) of CAR or a pilot licence | Pilot licence | | 7 | a flight engineer licence | Flight engineer licence | | 8 | a certificate issued under Part 6 of CAR or Part 67 of CASR | Medical certificate | | 9 | a licence or authorisation issued under Part 65 of CASR | ATC licence | | 10 | a certificate issued under Subpart 101.F of CASR | RPA certificate | | 11 | a certificate issued under Subpart 139.B of CASR | Aerodrome certificate | | 12 | an approval granted under Subpart 139.H of CASR | ARFFS approval | | 12A | an approval granted under regulation 141.035 or 142.040 | Flying training authorisation | | 12B | a certificate issued under regulation 141.060 or 142.110 | Flying training authorisation | | 13 | an approval granted under Part 143 or 172 of CASR | ATS approval | | 14 | an approval granted under Part 171 of CASR | Aeronautical telecommunication and radionavigation provider approval | | 15 | a certificate or authorisation issued under Part 173 of CASR | Instrument flight procedure approval | #### 13.380 Effect of subsequent suspension or cancellation in certain situations (Act s 30DV) If: (a) a civil aviation authorisation is cancelled (the earlier cancellation); and (b) if there had been no earlier cancellation, a subsequent suspension or cancellation under Division 3D of Part III of the Act would have had effect in relation to the authorisation; and (c) the earlier cancellation is later set aside by the Administrative Review Tribunal; the subsequent suspension or cancellation has effect, in relation to the civil aviation authorisation, on the day immediately following the day when the Administrative Review Tribunal set aside the earlier cancellation.