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where under a contract of hire or charter agreement the control,
maintenance and operation of the aircraft is vested in the hirer, be read
as a reference to the hirer.
(10) Any reference in these Regulations to height shall be read as a
reference to:
(a) the vertical distance of a level or a point, or if an object is
specified, that object considered as a point, measured from the
datum specified in connection with the reference, or where no
datum is specified, measured from the ground or water; or
(b) the vertical dimension of an object;
as the case requires.
(11) For the purposes of these Regulations, any reference to endorsement in
a licence or other document shall be read as a reference to
endorsement on the document, and matter shall be deemed to be
endorsed on a document if it is written on any part of the document.
(12) A provision in these Regulations that requires, prohibits or authorises
the doing by an aircraft or a person of an act or thing at night or by
night shall be read as a provision that requires, prohibits or authorises,
as the case may be, the doing by the aircraft or the person of the act or
thing when the aircraft or person is at or over a place:
(a) if a period has been determined in accordance with regulation
310 in respect of the area in which the place is—at any time in
that period; or
(b) in any other case—at any time after evening civil twilight at that
place has ended and before morning civil twilight at that place
next commences.
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32 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(13) Notes in square brackets in these Regulations are included for
information only and do not form part of the Regulations.
2AA Meaning of ANZA mutual recognition agreements (Act s 3)
The arrangements, identified for the purposes of the definition of
ANZA mutual recognition agreements in subsection 3 (1) of the Act,
are:
(a) the arrangement set out in the document entitled ‘Arrangement
between the Australian and New Zealand Governments on
Mutual Recognition of Aviation-Related Certification’, signed at
Wellington on 13 February 2007; and
(b) the arrangement set out in the document entitled ‘Operational
Arrangement between the Civil Aviation Safety Authority of
Australia and the Civil Aviation Authority of New Zealand in
relation to mutual recognition of Air Operator Certificates’,
signed on 16 March 2007.
2A Approved maintenance data
(1) Subject to subregulation (3), the approved maintenance data for an
aircraft, aircraft component or aircraft material consists of the
requirements, specifications and instructions that are:
(a) contained in the maintenance data set out in subregulation (2);
and
(b) applicable to the maintenance of the aircraft, aircraft component
or aircraft material, as the case requires.
(2) For the purposes of paragraph (1) (a), the maintenance data are:
(a) requirements in:
(i) regulations 42U, 42W, 42X, 42Y, 42Z and 42ZA or in
instruments made under those regulations; and
(ii) directions (however described) made under an
airworthiness directive or under regulation 25, 38 or 44;
being requirements that specify how maintenance on aircraft,
aircraft components or aircraft materials is to be carried out; and
(b) specifications in documents or designs approved under
regulations 22 or 35 by CASA or by authorised persons as to how
maintenance on aircraft, aircraft components or aircraft materials
is to be carried out; and
(c) instructions, issued by the manufacturers of aircraft, aircraft
components or aircraft materials, that specify how maintenance
on the aircraft, components or materials is to be carried out; and
(d) instructions, issued by the designers of modifications of aircraft
or aircraft components, that specify how maintenance on the
aircraft or components is to be carried out; and
(e) any other instructions, approved by CASA under subregulation
(4) for the purposes of this paragraph, relating to how
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 33
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
maintenance on aircraft, aircraft components or aircraft materials
is to be carried out.
(3) CASA may, for the purpose of ensuring the safety of air navigation,
declare in writing that an instruction mentioned in paragraph (2) (c) or
(d) that CASA thinks is deficient is not included in the approved
maintenance data for an aircraft, aircraft component or aircraft
　
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