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53 Investigation of defects of Australian aircraft
(1) An authorised person may, for the purpose of ensuring the safety of air
navigation, conduct an investigation into any matter connected with
any defect in an Australian aircraft (including the making of a test of
an aircraft or of any aircraft component installed or provided in an
aircraft).
(2) An investigation under subregulation (1) may extend to defects
generally or may be limited to the investigation of a particular defect
or a particular kind of defect.
(3) The authorised person may, for the purposes of carrying out the
investigation:
(a) by order in writing served on a person, require the production to
the first-mentioned person of any documents, aircraft components
or other things that are in the possession, or under the control, of
the person on whom the order is served;
(b) retain any document, aircraft component or other thing produced
during the course of the investigation for such period as is
necessary for the purpose of carrying out the investigation; and
(c) make and retain copies of, or take extracts from, any document so
produced.
(3A) A person must comply with an order.
Penalty: 10 penalty units.
(3B) An offence against subregulation (3A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
128 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(4) Where the retention of a document, aircraft component or other thing
produced for the purposes of an investigation is no longer necessary,
CASA or the authorised person shall return the document, aircraft
component or other thing to the person by whom it was produced.
Civil Aviation Regulations 1988 129
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
PART 4C Flight manuals
54 Meaning of flight manual
(1) The flight manual, for an aircraft, is:
(a) if a flight manual for the aircraft was given to the aircraft owner
under regulation 21.005 of CASR — that flight manual; or
(b) in any other case — any manual or other document (not being a
placard) that must, under the relevant airworthiness standards for
the aircraft, be provided with the aircraft and contain the
following information and instructions about the aircraft:
(i) the limitations within which, under the relevant
airworthiness standards, it is considered airworthy;
(ii) any other information, and any instructions, necessary for
its safe operation.
(2) However, if a change has been made to the flight manual under
regulation 55 or 55A, a reference in a provision other than this
regulation to the flight manual is a reference to the flight manual as
changed.
55 Changes to flight manuals for Australian aircraft
(1) This regulation applies to the holder of the certificate of registration
for an Australian aircraft for which a flight manual has been issued if:
(a) the aircraft’s manufacturer, or the holder of the type certificate to
which the aircraft conforms, gives an instruction to the effect that
a change must be made to the manual; and
(b) the change is approved by CASA or the relevant NAA for the
aircraft.
Note For relevant NAA see subregulation 2 (1).
(2) This regulation also applies to the holder of the certificate of
registration for an Australian aircraft for which a flight manual has
been issued if:
(a) a modification that conforms to a supplemental type certificate
applying to the aircraft, or an aircraft component fitted to the
aircraft, is carried out on the aircraft or aircraft component; and
(b) the holder of the supplemental type certificate gives an
instruction to the effect that a change must be made to the manual
because of the modification; and
(c) the change is approved by CASA or the NAA that issued the
supplemental type certificate.
Note For NAA see the Dictionary at the end of CASR.
(3) This regulation also applies to the holder of the certificate of
registration for an Australian aircraft for which a flight manual has
been issued if:
Replacement Page Amdt No. 8
December 2004
130 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(a) a modification that does not conform to a supplemental type
certificate is carried out on the aircraft or an aircraft component
fitted to the aircraft; and
(b) CASA or an authorised person has approved the design of the
modification under regulation 35; and
(c) CASA or the authorised person gives an instruction, in writing, to
　
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