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Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 103
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 7 Exemptions From, and Variations of, Requirements
42ZQ Requirements to which Division applies
(1) This Division applies to requirements that are specified in a prescribed
regulation or in a related document.
(2) In this regulation:
prescribed regulation means regulation 36A, 39, 41, 42G, 42U, 42V,
42W, 42X, 42Y, 42Z or 42ZA;
related document means a document that is:
(b) a direction issued by CASA under regulation 38 or 44, or a
direction in force under subregulation 202.003 (3) of CASR; or
(c) a document or design that:
(i) was approved under regulation 35; or
(ii) forms part of a certificate of type approval; or
(d) issued by the manufacturer of an aircraft component or aircraft
material; or
(e) issued by the designer of a modification of an aircraft or aircraft
component;
that relates to:
(f) what maintenance is to be carried out on an aircraft; or
(g) when maintenance is to be carried out on an aircraft; or
(h) how maintenance is to be carried out on an aircraft.
42ZR Application for exemption from, or variation of, requirements
(1) The holder of the certificate of registration for an Australian aircraft
may apply, in writing, to CASA or an authorised person for:
(a) an exemption, in relation to the aircraft, from a requirement to
which this Division applies; or
(b) a variation, in relation to the aircraft, of a requirement to which
this Division applies.
(2) The application must set out:
(a) particulars of the exemption or variation sought; and
(b) the reasons for seeking the exemption or variation.
(3) In the application, the applicant must also state whether the exemption
or variation is to apply to any person who might otherwise be bound to
comply with the requirement or only to a specified person or specified
persons.
(4) CASA or the authorised person may require the applicant to provide
an explanation of the effect of the exemption or variation on the safety
of air navigation.
Replacement Page Amdt No. 8
December 2004
104 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
42ZS Granting of exemptions and approval of variations
(1) CASA or an authorised person must grant the exemption or approve
the variation if CASA or the authorised person is satisfied that
granting the exemption or approving the variation would not adversely
affect the safety of air navigation.
(2) If CASA or the authorised person grants the exemption, or approves
the variation, the grant or approval may be made or given subject to
such conditions as CASA or the authorised person thinks necessary in
the interests of the safety of air navigation.
(3) CASA or the authorised person must, in writing, notify the applicant
of CASA’s, or the authorised person’s, decision in relation to the
application.
(4) If CASA or the authorised person grants the exemption, or approves
the variation, CASA or the authorised person must identify in the
exemption or approval:
(a) in the case of an exemption:
(i) the aircraft to which the exemption relates; and
(ii) the person or persons to whom the exemption applies; and
(iii) the conditions (if any) subject to which the exemption is
granted; or
(b) in the case of an approval of a variation:
(i) the aircraft to which the variation relates; and
(ii) the person or persons to whom the variation applies; and
(iii) the conditions (if any) subject to which the variation is
granted.
(5) If CASA or the authorised person decides not to grant the exemption,
or approve the variation, CASA or the authorised person must include
in the notice a statement of the reasons for that decision.
42ZT When grant or approval is effective
(1) If CASA or an authorised person grants an exemption, or approves a
variation, the grant or approval has effect from when notice of the
grant or approval is given to the applicant.
(2) The exemption or variation stops being in force if:
(a) it is expressed to have effect for a limited period and that period
ends; or
(b) it is revoked by CASA by written notice given to the holder of
the certificate of registration for the aircraft concerned; or
(c) the holder of the certificate of registration for the aircraft
concerned gives CASA or the authorised person written notice
that the holder no longer wants the exemption or variation to
　
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